Preemption Flashcards
1
Q
What is Preemption?
A
-Where federal law and state law conflict, federal law displaces state law
2
Q
What are the types of Preemption?
A
- Express preemption
- Implied preemption
- -Field preemption
- -Conflict preemption
3
Q
What is Field Preemption?
A
-Federal government has occupied a field in such a way that it displaces any state regulation
4
Q
What is Conflict Preemption?
A
-Where a state regulation conflicts with, is contrary to, is repugnant to, is irreconcilable with, is inconsistent with, curtails, violates or frustrates the full purpose of the federal regulation
5
Q
Hines v. Davidowitz
A
- Court held this was in conflict of Federal law
- Unclear which kind of preemption
6
Q
Florida Lime v. Avocado Growers Inc.
A
-This case demonstrates that Congress can set a floor, and the states can build on top of it
7
Q
Wyeth v. Levine
A
-The court looks for Congressional intent when analyzing preemption
