Federal Preemption of State and Local Law PDF Download
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Author: James T. O'Reilly
Publisher: American Bar Association
ISBN: 9781590317440
Category : Law
Languages : en
Pages : 252
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Book Description
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author: James T. O'Reilly
Publisher: American Bar Association
ISBN: 9781590317440
Category : Law
Languages : en
Pages : 252
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Book Description
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author: James F. Jorden
Publisher: Aspen Publishers Online
ISBN: 073556311X
Category : Business & Economics
Languages : en
Pages : 1151
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Book Description
Handbook on ERISA Litigation cuts through complicated statutory provisions andtells you which ERISA claims are recognized by which courts and how tolitigate them.
Author:
Publisher:
ISBN:
Category : Electronic government information
Languages : en
Pages : 80
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Book Description
Author: United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor-Management Relations
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 108
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Book Description
Author: William W. Buzbee
Publisher: Cambridge University Press
ISBN: 1139474812
Category : Law
Languages : en
Pages : 337
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Book Description
This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.
Author: Edna Selan Epstein
Publisher: American Bar Association
ISBN: 9781590318041
Category : Law
Languages : en
Pages : 1532
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Book Description
The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.
Author: June M. Sullivan
Publisher: American Bar Association
ISBN: 9781590313961
Category : Law
Languages : en
Pages : 274
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Book Description
This concise, practical guide helps the advocate understand the sometimes dense rules in advising patients, physicians, and hospitals, and in litigating HIPAA-related issues.
Author: Caldwell G. Collins
Publisher: ABA
ISBN: 9781641057974
Category : Medical personnel
Languages : en
Pages : 150
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Book Description
"An Introduction to tort-based health care litigation in collaboration with Health Law Committee of the American Bar Association's Section of Litigation"--
Author: Colleen E. Medill
Publisher: West Academic Publishing
ISBN: 9780314150363
Category : Business & Economics
Languages : en
Pages : 814
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Book Description
This book was created to present the modern world of employee benefits law in a manner that is both easily understood by the students and enjoyable for the instructor to teach. The book provides a streamlined presentation of the Code rules for qualified plans, thereby making room for an expanded treatment of defined contribution plans (particularly 401(k) plans) and health care plans. Much of the coverage in the book is condensed by using narrative text to introduce each new concept and to summarize the blackletter principles of the law (where they exist). After reading their assignments from this book, students arrive at class with an understanding of the concepts and an ability, based on the numerous illustrations throughout the narrative text, to apply the rules to client situations. The book substantially reduces the amount of class time that must be devoted to eradicating student confusion and explaining how the rules operate. As a result, more class time may be devoted to discussion of the hypothetical client problems, presented periodically throughout each chapter, that are designed to test the students? understanding of the material.
Author: Michael C. Duff
Publisher:
ISBN: 9781531003081
Category :
Languages : en
Pages : 580
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Book Description
This book serves as the perfect marriage between workers¿ compensation theory and practice. While the book covers most of the traditional areas of workers¿ compensation doctrine, it also dwells at strategic points to reflect upon the letter of the law. It dares to question doctrine and¿more importantly¿encourages even the beginning student of workers¿ compensation to do more than passively receive rules. The author draws on his real world experience as a former injured worker and workers¿ compensation attorney, and supplements that experience with his theoretical perspective as a teacher and scholar of administrative and employment law. The student is guided through cases by the use of probing introductory questions, reflection sections at the conclusion of many of the cases, and running commentary and ¿interrogation¿ by way of text boxes at critical junctures in the cases. The student becomes acquainted with a fictional injured worker, Ann Smith, early in the book and has the opportunity to reflect upon legally significant developments as her case becomes increasingly complex. In the final, problem-solving chapter titled ¿In the Law Office,¿ students are introduced to materials from actual cases, demonstrating even more concretely how the principles they are learning are applied in practice. The resulting product is a natural fit with other titles in the Context and Practice Series. Students are introduced to a body of law through explicit engagement with it, and through exercises and commentary meant to refine their understanding through contextual interaction with black letter rules.
