Definitions
from The American Heritage® Dictionary of the English Language, 5th Edition.
- noun The right to purchase something before others, especially the right to purchase public land that is granted to one who has settled on that land.
- noun A purchase made by such a right.
- noun Prior seizure of, appropriation of, or claim to something, such as property.
- noun The action of preempting, as the use of military force in a preemptive attack.
- noun Law The doctrine that federal law takes precedence over state law.
from Wiktionary, Creative Commons Attribution/Share-Alike License.
- noun The
purchase of something before it is offered for sale to others. - noun The purchase of
public land by theoccupant . - noun computing The
temporary interruption of a task without its cooperation and with the intention of resuming it at a later time. - noun law The displacement of a lower jurisdiction's laws when they conflict with those of a higher jurisdiction.
Etymologies
from The American Heritage® Dictionary of the English Language, 4th Edition
from Wiktionary, Creative Commons Attribution/Share-Alike License
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Examples
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But invoking the term preemption and the analogy to Iraq in policy debates for Iran's nuclear program is both misguided and dangerous.
JPost Headlines 2009
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The problem addressed by preemption is longstanding — the effort of populist state legislatures and politically-ambitious Eliot Spitzers to score political points by attacking out-of-state federally chartered banks.
The Volokh Conspiracy » How to Make the Bureau of Consumer Protection More Consumer Friendly: 2010
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The case for preemption is weaker when Congress has recognized dual schemes but has decided to tolerate whatever tension is created.
Archive 2009-08-01 Rebecca Tushnet 2009
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Where the parties collaborated to create a copyrighted advertising product, conflict preemption is likely to be appropriate.
Archive 2009-08-01 Rebecca Tushnet 2009
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Where the parties collaborated to create a copyrighted advertising product, conflict preemption is likely to be appropriate.
Long-delayed Facenda post Rebecca Tushnet 2009
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That preemption is of Federal responsibility is OK?
The Volokh Conspiracy » Matt Welch on the Immigration Law 2010
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I think this should remain the focus of preemption, because preemption is ultimately about who has the power to do something, not what needs to get done.
The Volokh Conspiracy » Is the Arizona Immigration Law Preempted? 2010
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Perhaps you disagree with this holding; implied preemption/field preemption is one of the most ambiguous and indeterminate areas of law because you never know whether the federal regulation is a floor or “strikes a careful balance.”
The Volokh Conspiracy » The Solicitor General Lays an Egg 2010
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I am also more sympathetic than Stewart to the argument that Congress may have sought to balance more stringent enforcement of immigration rules with other interests, and that preemption is one way for Congress to ensure that this balance is maintained.
The Volokh Conspiracy » More on the SG’s Brief in U.S. Chamber of Commerce v. Candelaria 2010
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There are rarely square circuit splits in preemption cases because different states have subtly different laws, but the Court takes preemption cases all the time.
The Volokh Conspiracy » The Solicitor General Lays an Egg 2010
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