Federal Preemption of State and Local Law

Federal Preemption of State and Local Law
Author: James T. O'Reilly
Publisher: American Bar Association
Total Pages: 252
Release: 2006
Genre: Law
ISBN: 9781590317440

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.

Federal Public Land and Resources Law

Federal Public Land and Resources Law
Author: George Cameron Coggins
Publisher:
Total Pages: 1272
Release: 2002
Genre: Law
ISBN:

This casebook is an authoritative introduction to the study of public land and resources law. Case studies, case notes, and examples illustrate points under consideration. Thought-provoking questions generate classroom discussion and hone students' legal reasoning. Representative topics include authority on public lands, wildlife resource, preservation, resource, and history of public land law.

Preemption Choice

Preemption Choice
Author: William W. Buzbee
Publisher: Cambridge University Press
Total Pages: 337
Release: 2008-12-15
Genre: Law
ISBN: 1139474812

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.

Federalism in America

Federalism in America
Author: Joseph R. Marbach
Publisher: Greenwood
Total Pages: 0
Release: 2006
Genre: Federal government
ISBN: 9780313329470

Defines the most important concepts and describes the models, institutions, court cases, policies, epochs, and personalities that shaped, or have been shaped by, American federalism.

State Trust Lands in the West

State Trust Lands in the West
Author: Peter W. Culp
Publisher:
Total Pages: 0
Release: 2015
Genre: Land trusts
ISBN: 9781558443235

This comprehensive report offers state trust land managers the latest strategies and tools for asset management, residential and commercial development, conservation use, and collaborative planning. Land managers will learn how to fulfill their trust responsibilities while producing larger revenues for trust beneficiaries, accommodating public interests, and more. This is a revised edition of a report originally published in 2006.

Report on the Lands of the Arid Region of the United States

Report on the Lands of the Arid Region of the United States
Author: John Wesley Powell
Publisher: Franklin Classics Trade Press
Total Pages: 222
Release: 2018-10-18
Genre:
ISBN: 9780343705398

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.