Asked by Devendra Mahajan on May 27, 2024
Verified
Outline the steps a paralegal would take to determine whether federal law preempts a state's regulation.
Federal Law
Legislation enacted by the national government or Congress that applies to the country as a whole.
State Regulation
Rules and standards issued by a governmental entity to control activities within its territorial jurisdiction.
- Learn how to determine whether federal law preempts state regulation.
Verified Answer
MD
Melinda DenisJun 03, 2024
Final Answer :
The steps a paralegal would take to determine whether federal law preempts a state's regulation include the following:
• Read through the statute to see if it expressly states that Congress intended to preempt the relevant field.
• Look for indications that Congress has impliedly occupied the field: Is the federal regulatory scheme pervasive? Is federal occupation of the field necessitated by the need for national uniformity? Is there a danger of conflict between state laws and the administration of the federal program?
• Locate and read cases discussing the issue of federal preemption in this area. Brief any cases
that appear to be relevant to this issue.
• Read through the statute to see if it expressly states that Congress intended to preempt the relevant field.
• Look for indications that Congress has impliedly occupied the field: Is the federal regulatory scheme pervasive? Is federal occupation of the field necessitated by the need for national uniformity? Is there a danger of conflict between state laws and the administration of the federal program?
• Locate and read cases discussing the issue of federal preemption in this area. Brief any cases
that appear to be relevant to this issue.
Learning Objectives
- Learn how to determine whether federal law preempts state regulation.
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