Author Question: What are the three instances where the preemption doctrine holds that state regulation is precluded ... (Read 77 times)

kodithompson

  • Hero Member
  • *****
  • Posts: 566
What are the three instances where the preemption doctrine holds that state regulation is precluded or invalidated by federal regulation?
 
  What will be an ideal response?

Question 2

Regulations are subordinate to statutes but have equal weight when applied.
 
  a. True
  b. False



vish98

  • Sr. Member
  • ****
  • Posts: 326
Answer to Question 1

The three instances where the preemption doctrine holds that state regulation is precluded or invalidated by federal regulation are: 1. When Congress expressly states that it intends to preempt state regulation; 2. When a state law is inconsistent with federal law, even though no express pre-emption statement has been made by Congress; and 3. When Congress has enacted a legislative scheme that comprehensively regulates a field.

Answer to Question 2

a



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question


 

Did you know?

Your heart beats over 36 million times a year.

Did you know?

Famous people who died from poisoning or drug overdose include, Adolf Hitler, Socrates, Juan Ponce de Leon, Marilyn Monroe, Judy Garland, and John Belushi.

Did you know?

Chronic necrotizing aspergillosis has a slowly progressive process that, unlike invasive aspergillosis, does not spread to other organ systems or the blood vessels. It most often affects middle-aged and elderly individuals, spreading to surrounding tissue in the lungs. The disease often does not respond to conventionally successful treatments, and requires individualized therapies in order to keep it from becoming life-threatening.

Did you know?

The Centers for Disease Control and Prevention has released reports detailing the deaths of infants (younger than 1 year of age) who died after being given cold and cough medications. This underscores the importance of educating parents that children younger than 2 years of age should never be given over-the-counter cold and cough medications without consulting their physicians.

Did you know?

Automated pill dispensing systems have alarms to alert patients when the correct dosing time has arrived. Most systems work with many varieties of medications, so patients who are taking a variety of drugs can still be in control of their dose regimen.

For a complete list of videos, visit our video library