This year's military exercises again focus on pre-emption and decapitation.
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Read more " _____ • Ethan Epstein in The Weekly Standard: "Pre-emption works.
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Federal pre-emption will help to manage this otherwise impossibly complex task.
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Also worrisome is that pre-emption laws are getting broader and more punitive.
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But the courts have limited the FCC's pre-emption authority in thee past.
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The Senate bills that take privacy seriously do not contain pre-emption clauses.
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Pallone said his objection was mainly focused on the issue of state pre-emption.
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The remaining disputes revolve around the basics of pre-emption: Who gets to sue?
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Meanwhile, the dangerous pre-emption legislation pending in Congress deserves to die a swift death.
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But there is seldom a plan apart from pre-emption, self-defense, obsession and impulse.
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He noted that on the matter of pre-emption, he spoke only for the retailers.
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Luxotica, which features a more searching pre-emption analysis than the California Supreme Court's McGill opinion.
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Those who oppose pre-emption see this as a step backwards, away from strong privacy rules.
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Glencore stepped in after local shareholders exercised pre-emption rights following delays to the Sinopec deal.
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This turns pre-emption into a tool for political point-scoring, rather than normal state oversight.
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And legislators are considering pre-emption bills in other states, including Pennsylvania, New Mexico and Washington.
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Using a tactic known as pre-emption, states can nullify local measures and thus ensure statewide uniformity.
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His doctrine was a media creation, and there were several different versions: pre-emption, unilateralism, democracy promotion.
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The Korean government is confident that our approach, characterized by full transparency, pre-emption and prevention, is working.
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The pro-business American Legislative Exchange Council, known as ALEC, has pushed for many of the pre-emption laws.
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Like other pre-emption attempts, the Alabama effort is championed almost entirely by Republicans, and the hypocrisy is obvious.
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So far, the slight Democratic majority in the Kentucky House has stopped any pre-emption bills from being introduced.
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ALEC — motto: "Limited government, free markets, federalism" — has encouraged the pre-emption bills as a way of supporting businesses.
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Instead, a wave of Republican states have used "pre-emption" as a tool of control over Democratic municipal authority.
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Opponents sometimes respond by passing state-level pre-emption laws that prohibit cities from passing laws on certain issues.
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"Pre-emption opponents argue that action is not justified because Pyongyang does not constitute an 'imminent threat,'" Bolton wrote.
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Merck said it is reviewing its options, and that a judge, not a jury, should decide the pre-emption question.
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Pat Garofalo, is one of a growing number of "pre-emption bills" being pushed by conservatives in the state Legislatures.
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Statehouses—typically those dominated by Republicans—are adopting what are known as pre-emption laws designed short-circuit local ordinances.
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This pre-emption thwarted the commission's independence, ruled out discussion of viable options and preordained the conclusion from the start.
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It also proposed withdrawing California's Clean Air Act pre-emption waiver, which lets the state set its own emission standards.
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In Florida, local officials who run afoul of the state's pre-emption on gun control are personally liable in court.
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Including pre-emption in the federal bill presents a political problem, regardless of beliefs about the correct level of privacy regulation.
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Industry pushed for pre-emption because it is easier to deal with one federal regulator than a patchwork of state laws.
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Business groups have passed similar pre-emption bills around the country restricting policies like minimum wage increases or plastic bag bans.
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Quentin Tarantino's "Once Upon a Time …" is a dream about the accidentally heroic pre-emption of racist Charles Manson's murder plot.
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"It's like quick-fire," said Lisa Graves, executive director of the Center for Media and Democracy, which tracks pre-emption bills.
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We will use federal pre-emption laws to ensure these new units are not segregated or excluded by local zoning ordinances.
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Last year, pre-emption bills were considered in 17 states and enacted in four of them — Indiana, Michigan, Missouri and West Virginia.
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They also lobbied the Trump FCC to include legally dubious "pre-emption" language attempting to ban states from passing their own protections.
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Pre-emption was the main concern of the Safer Chemicals, Healthy Families coalition throughout the negotiations, said Andy Igrejas, the group's director.
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California agreed to hold off on enforcing their new net neutrality law until the pre-emption question was answered by the court.
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The Pentagon's military and civilian leadership had little appetite for another war of pre-emption, and by then neither did the president.
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Five states that considered but did not pass pre-emption bills last year have put them back on the legislative agendas this year.
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Legislatures in at least 22012 states, including Alabama, have responded by passing "pre-emption bills" that either abolish or roll back those increases.
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The pre-emption statement shows the extent to which the Education Department has been captured by an industry it is meant to regulate.
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But if federal privacy legislation does not include pre-emption of state and local laws, compliance costs will soar for many smaller companies.
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Another concern is the pre-emption of local gun ordinances by state laws approved by politicians in the sway of the gun lobby.
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Osaka Gas said it has no plans to buy an additional stake, but Woodside and Shell made no comment on their pre-emption rights.
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The government insists that the nationalisation will be temporary—it simply wanted to shore up its negotiating position before its pre-emption rights lapsed.
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Congress will almost certainly try to clarify the state versus federal role in any driverless vehicle legislation — and that may include federal pre-emption.
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National Collegiate Athletic Association, No. 16-476, was an effort to decide whether the 1992 law amounted to unconstitutional commandeering or permissible pre-emption.
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"The beverage industry and their lobbying arm are doing this very similarly to what we saw in the pre-emption of tobacco control," he said.
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It is a military strategy that demands an unprecedented level of intelligence collection, and one that verges on pre-emption, heightening the prospects of war.
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" [WSJ] "It's hard to see the U.S. credibly threatening military pre-emption when peace is breaking out across the peninsula — which is precisely the point.
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The judge on Monday said Citizens United may bring its First Amendment claim again, but not its claims regarding federal pre-emption and Schneiderman's authority.
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Federal law and constitutional norms make federal pre-emption of such state-level leadership illegal under most laws and highly unlikely under any future laws.
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Other pre-emption bills, in whole or in part, have been drafted with language from lobbyists for Altria and the R. J. Reynolds Tobacco Company.
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The threat is imminent, and the case against pre-emption rests on the misinterpretation of a standard that derives from prenuclear, pre-ballistic-missile times.
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Lindsey Graham of South Carolina said Thursday Trump told him he'd be "willing to abandon strategic patience and use pre-emption" if negotiations were to fail.
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For guidance on how FAA pre-emption applies to the McGill rule, federal trial courts have looked to the 9th Circuit's 2015 decision in Sakkab v.
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In another recent case, Charter Spectrum tried to use this pre-emption language to dismiss a New York state lawsuit over slow speeds and terrible service.
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Separately, Tullow said China's CNOOC had exercised its pre-emption rights to buy 50 percent of the interests in Uganda which it is selling to Total.
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FINCANTIERI (*) France's economy minister said the state will exercise its pre-emption rights on the STX shipyard if Italian investors do not accept the current offer.
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What's striking is that the Education Department released the pre-emption statement even after leading regulatory experts had condemned the idea as harmful and legally unsustainable.
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Advisers in recent weeks have presented Mr. Trump with several pre-emption options that included cyberattacks against military or dual-use facilities, according to senior officials.
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But the minority shareholders have pre-emption rights and have agreed to sell these to Deutsche Asset Management if the offers are too low, the source added.
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It contends there's no federal pre-emption because the Constitution's grand jury clause addresses grand juries themselves, not the conduct of federal prosecutors who have convened them.
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"So the pre-emption issue isn't going to make the entire case go away even if you and the department are right, is it?" he asked Grugan.
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He added that France had exercised its pre-emption right to repurchase the controlling stake in STX simply to have more time and relaunch negotiations with Italy.
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If there was real intelligence of impending strikes, then the longtime principles of pre-emption, enshrined anew in American policy by President George W. Bush, would apply.
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It is not thought to keep warheads attached to missiles, even though that makes them slower to use and more vulnerable to pre-emption in a crisis.
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One-on-one negotiations often include a so-called pre-emption right allowing the bidder to submit a takeover bid before the opportunity is offered to other parties.
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The deal provides Euronext with pre-emption rights in the event of a sale of 50% or more of the shares in the Paris clearinghouse by LCH Group.
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OTPP, which bought 39 percent in 2011, gave up its pre-emption rights over the asset and agreed to information being circulated to potential buyers of Macquarie's stake.
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They also argue that it is unclear if the Federal Communications Commission can declare a blanket pre-emption of states, something they say Congress would have to do.
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Mr. Dermody noted that, in several states, the pre-emption bills are backed by a coalition of business interests, including grocery stores, and, in some cases, labor unions.
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Both state legislators and municipal groups agree that pre-emption laws have proliferated in the last few years in number and in the breadth of issues they touch.
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That said, pre-emption is unlikely to be a major problem as long as the legislation empowers the E.P.A. to do its job and the agency acts with urgency.
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The price of war is too high to bear, and the time for pre-emption passed on October 9, 2006, when Pyongyang said it conducted its first nuclear test.
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Legislatures in at least 25 states, including Alabama, have responded to the local minimum wage hikes by passing "pre-emption bills" that either abolish or roll back local increases.
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The beverage companies have borrowed a tactic from the tobacco industry, which used state pre-emption laws in the 1980s to ban cigarette taxes and other municipal antismoking ordinances.
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" He added, "Isn't there some irony in a D.O.J. headed by an ardent states-rightser, Jeff Sessions, arguing for federal pre-emption of state authority under the Property Clause?
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In October, the minority shareholders in Chevron's South African subsidiary exercised pre-emption rights following delays to the Sinopec deal and brought in Glencore, which placed a $937 million bid.
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State laws and regulations enacted before April 22 would be allowed to stand and states could ask for waivers from pre-emption for laws or regulations enacted after that date.
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The chemical industry got pre-emption from most new state regulations, and environmentalists got assurances that new chemicals would be evaluated on health and safety risks alone, not financial considerations.
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It also announced plans to withdraw California's Clean Air Act pre-emption waiver, which has enabled the state to set its own emission standards because of its air quality issues.
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As China makes its nuclear forces more credible—less vulnerable to pre-emption, and more likely to get through missile defences—America grows nervous, argues Caitlin Talmadge of Georgetown University.
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California will likely claim that the pre-emption provision is invalid, Lyons said, while the federal government will attempt to get an injunction to stop the law from taking effect.
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Now conservative legislators are working on a federal pre-emption bill, which would allow big companies that meet a voluntary threshold to flout local and state paid-sick-day laws.
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Democrats had been concerned that the initial draft would step on states' abilities to protect residents, but said they were pleased with the final text, which narrowed the pre-emption language.
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It first came to public light last year as South Korean legislators sought more information to confirm whether it was or wasn't a pre-emption and "decapitation" plan as had been reported.
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Depending on what Kim Jong Un might do, the use of these weapons in retaliation or pre-emption would have to be considered proportional in both scope and size and militarily necessary.
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He said the government's decision about whether to use its pre-emption rights depended on a report from energy consultant Wood Mackenzie, which has been mandated to evaluate Chevron's assets in Bangladesh.
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"There is a strong presumption against pre-emption for matters that have typically been left to the states, and consumer protection is one of those traditionally state-regulated matters," Judge Bucklew wrote.
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Charter Spectrum, the nation's second-largest cable provider, has tried to use the FCC's pre-emption language to tap dance around a lawsuit in New York State over terrible service and slow speeds.
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States' roles: There are questions around what authority states will have to oversee safety features, and also how pre-emption provisions could impact car dealers and other important players in local economies. Rep.
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"Pre-emption rights are a vital shareholder protection and their misuse poses a serious threat to shareholder and investors' interests - the UK's pensioners and savers," an Investment Association spokesperson said in a statement.
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"If our Italian friends say 'this deal does not work for us, we don't agree with 50/50', the state will exercise its pre-emption rights on STX," Le Maire told franceinfo radio.
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ConocoPhillips said its sale is expected to close in the first quarter of 2019, once funding is approved by East Timor's parliament and the partners decide whether to exercise their pre-emption rights.
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And pre-emption, the use of state law to nullify municipal authority, and President Trump's threats to withhold federal subsidies from sanctuary cities are creating a sense of siege in many urban areas.
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The push for the pre-emption law began to materialize this year when an industry-financed group, the California Business Roundtable, started collecting signatures for the ballot initiative making local tax increases harder.
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Taken with a policy of pre-emption, these two shifts would seem to address India's Pakistan problem, in theory persuading Pakistani leaders that a limited nuclear war would be too dangerous to pursue.
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Provincial governments have much more control over city government than states do in the U.S., but have avoided the kinds of pre-emption fights that have been roiling blue cities in red states.
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In the last few years, Republican-controlled state legislatures have intensified the use of what are known as pre-emption laws, to block towns and cities from adopting measures favored by the left.
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Bernie will: Use federal pre-emption laws to ensure new units built with the $1.48 trillion investment in the National Affordable Housing Trust Fund are not segregated or excluded by local zoning ordinances.
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In Alabama, a pre-emption effort introduced this month seeks to nullify a law passed last year by the Birmingham City Council for a citywide minimum wage of $10.10 an hour by mid-2017.
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Talking about other Nornickel projects, Malyshev said Chinese investor Highland Fund had not used its pre-emption right to buy a 40 percent stake in the Bystrinskoye gold and copper mining project in Siberia.
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Pre-emption of states' authority to regulate chemicals independently of the federal government has long been a sticking point for Democrats throughout the years of negotiations on reforming the 1976 Toxic Chemicals Safety Act.
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"Russia has said privately to me and others that if US would deploy such missiles in Europe, it would put Moscow in range ... and Moscow would have to think about pre-emption" Wolfsthal said.
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But state utility Enel, which co-owns Open Fiber, values the broadband unit at up to 2225 billion euros and may block the sale as it has a pre-emption right, Il Sole added.
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Mayer Brown and the Chamber seem to have the better of the arguments over FAA pre-emption and the law prohibiting employers from requiring workers to agree to waive the right to pick their forum.
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Many states have passed so-called pre-emption laws, which block cities from making their own laws on certain issues, including gun control, plastic bag bans, paid leave, fracking, union membership and the minimum wage.
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Birmingham moved quickly to adopt the new minimum wage, but was thwarted by the legislature and the governor, Robert Bentley, who signed a pre-emption bill into law about an hour after he received it.
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Civil-rights groups say the pre-emption — enacted last year by a predominantly white state legislature the same week the city passed its ordinance — violates the voting rights of residents in a majority-black city.
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Arizona's pre-emption law and legal action by Goldwater prevented the city from enforcing even ordinances requiring hosts to register, but Pickels says the worst predictions about home-sharing in the city haven't come to fruition.
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Much of the hearing revolved around the debate over "pre-emption" – whether a federal privacy law would override state privacy laws, including California's recent landmark law requiring websites to offer more transparency and control to users.
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Along the way to that conclusion, Judge Gorsuch said the Supreme Court's "competing instructions" in a string of opinions on federal pre-emption and medical devices had left lower courts with "no easy task" of interpretation.
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That's the moment when President Trump (or his successor) must muster up the strength to walk away, once again, from pre-emption and its polar opposite, summit pageantry, all the while resolutely blocking Pyongyang's financial pipelines.
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Last week, an even larger group of attorneys general warned against the pre-emption bill pending in the House, which they said would block the states from combating fraud and abuse in the student loan industry.
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London-listed Tullow agreed early last year to sell Total most of its stake in Ugandan fields for $900 million but CNOOC later exercised its pre-emption rights to buy half of the Tullow assets on sale.
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A legal dispute between the Australian infrastructure fund and fellow shareholder Ontario Teachers' Pension Plan (OTPP) on pre-emption rights over the asset stalled the sale of the transport hub until the dispute was resolved last summer.
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We believed that if we could strike agreements with cellular providers for streamlined deployment (which benefits the telecommunications industry) and substantial digital equity (which benefits our community), then the industry's calls for pre-emption would seem moot.
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But at a hearing on the bill last month, Brian Flynn, one of Juul's three lobbyists with McGuireWoods Consulting, a firm run by the former governor James H. Hodges, testified in favor of the pre-emption plan.
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The appeals court said in Sakkab that FAA pre-emption does not apply to California state precedent precluding the waiver of PAGA claims because the state's policy addresses all purported PAGA waivers, not just those in arbitration contracts.
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This new entity would approach terror in a way suited to the primary goal not of prosecution but pre-emption and would reflect the new reality of our world, which is that terrorism is no longer happening elsewhere.
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" Things changed by 1918, when the paper shrank its list to 100: "Owing to the pre-emption by the war, there is much less time on the part of the general reader for … the literary trifling of peacetime.
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And though questions were raised about whether the system of crossing signals, known as a pre-emption system, played a role in the Metro-North crash, the transportation safety board concluded that the signals were not to blame.
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The family is now considering whether to exercise its pre-emption rights and buy out Francesco's stake or let a non-family investor inside the holding company for the first time since the group was founded in 1933.
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The state asserted before Judge Mueller that the FAA only protects arbitration agreements, so FAA pre-emption can't apply to a law that doesn't address those agreements, according to court filings and a transcript of a January 10 hearing.
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According to Mayer Brown (which just so happens to have won the Kindred case at the Supreme Court), the ruling means that California can't evade FAA pre-emption just by arguing that its law applies broadly to employer conduct.
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Sources familiar with the deal had expected that Elia would not have the firepower for such a large transaction and it was unclear whether it would once again defeat the Chinese state company by exercising its pre-emption rights.
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In Goldwater's case, it was six months after a 2016 law passed that blocked cities' regulations; in Beacon's, it was well after the group had expressed support for a pre-emption law but before legislation was signed in 2018.
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PARIS, July 26 (Reuters) - The French government will exercise its pre-emption rights to buy the STX shipyard if Italy does not accept a French offer to split STX's capital equally, Economy Minister Bruno Le Maire said on Wednesday.
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Another doctrine — pre-emption — also limits home rule power, providing that a local law must cede "when it collides with a state statute," according to a 2016 report on the issue from the New York State Bar Association. Certainly.
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After previously announcing an investment in PICG by the Abu Dhabi Investment Authority of up to 21.4 percent, the company said on Monday ADIA was expected to hold a 17.1 percent stake after existing shareholders exercised pre-emption rights.
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"Unfortunately, the bill currently being considered by the House seeks to significantly expand federal pre-emption of states by moving beyond the traditional definition of motor vehicle safety to encroach on vehicle operations, currently under the states' purview," the NCSL writes.
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In a world obsessed with data and pre-emption, the Police Department does not make public a map of where and when stranger rapes have occurred, so that women might avoid particular streets or neighborhoods at certain times as a precaution.
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The previous, Tom Wheeler-run FCC attempted in 2015 to use pre-emption to stop states from passing ISP-backed bills prohibiting towns and cities from building their own broadband networks, in a bid to prevent community-driven broadband competition.
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Euronext has long wanted to buy LCH SA - the bourse represents over half of its business - and Tuesday's agreement gives it "pre-emption" rights if the LSE decided to sell more than 50 percent of the shares in the Paris business.
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A summit meeting short on substance will only allow Kim to buy more time and money with which to pre-empt U.S. pre-emption and perfect his own nuclear posture, to be implemented at a time of his own choosing.
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But last-minute talks over the weekend "substantially softened" the negative effects of the pre-emption provisions, Igrejas said, though he remains concerned about how provisions in the law related to the testing and importation of products will be implemented.
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"We strongly support undoing state pre-emption of standards and taking California out of the driver's seat," said Myron Ebell, who led Mr. Trump's E.P.A. Trump transition team and works for the industry-funded Competitive Enterprise Institute, a conservative Washington organization.
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Even so, the momentum behind the ideas has drawn a sharp response from college administrators who fear a pre-emption of their authority over their own campuses, and from gay and transgender rights groups who see the bill as a license to discriminate.
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But where opponents point to industry influence at state houses, backers of pre-emption make a similar argument: Environmental and labor lobbies are pushing local bag taxes or minimum wages, they say, not voters engaged in some pure form of local democracy.
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States like California have often been more willing to ban and regulate dangerous substances and have had stronger legal authority to do so than the E.P.A., which is why some public interest groups and some state regulators are unhappy with the pre-emption provision.
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Republican-controlled state legislatures have also increasingly used state pre-emption laws to prevent cities and towns from adopting a wide range of local measures, including anti-discrimination laws, bans on natural gas fracking, higher minimum wages, and restrictions on the use of plastic bags.
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A Single Strike to Halt a Missile Launch How it would work: Mike Mullen, a former chairman of the Joint Chiefs of Staff, said in September at the Council on Foreign Relations that such an attack would be more "self-defense" than pre-emption.
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As standoffs between red states and blue cities grow more rancorous, the tactics of pre-emption laws have become personal and punitive: Several states are now threatening to withhold resources from communities that defy them and to hold their elected officials legally and financially liable.
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The Justice Department, in a cross-petition, argued that if the U.S. justices grant review of the 10th Circuit holding on pre-emption of state ethics rules in grand jury investigations, they should also reconsider whether federal prosecutors are subject to state rules in other criminal proceedings.
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But in a proper interagency review, the intelligence community could have pointed out that "decapitation" is a patently unreliable means of pre-emption — particularly when the organization in question is the Revolutionary Guard, an integral part of a well-honed security state with considerable depth of command talent.
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On Tuesday, Australian explorer FAR Ltd, ConocoPhillips' partner in the field, said Conoco failed to comply with the terms of their joint operating agreement as it relates to the proposed sale of its stake, and as a result, the clock had yet to start for it to exercise its pre-emption rights.
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"The debate over pre-emption masks what is really at stake — millions of public employees who've dedicated their lives to helping others, only to be stripped of their right to loan forgiveness and the ability to enforce that right when their servicers defraud them," said Randi Weingarten, president of the American Federation of Teachers.
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ISPs will still try to use the FCC's pre-emption language to block state net neutrality efforts, but lawyers like Stanford Law Professor Barbara Van Schewick argue that when the FCC rolled back net neutrality and its Title II authority over ISPs under the Telecom Act, it gave up any authority to dictate state behavior.
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Earlier this month, the Conference of State Bank Supervisors, which represents regulators in all 50 states, shredded the legal arguments behind the pre-emption idea, pointing out that education officials were not empowered to strip the states of their traditional — and primary — authority over debt collection and other aspects of the financial services industry.
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"The truth is that if the cops are having fewer enforcement interfaces—arrests for fare evasion, summonses for violations such as smoking or urinating in the subway, fewer ejections (a power transit cops have)—this will probably result in less pre-emption of violent acts and also may embolden people who are prone to acting out," O'Donnell explains.
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Daniel Rosenberg of the Natural Resources Defense Council said Thursday that the new bill was still too weak, citing its pre-emption of states' authority, its failure to provide the E.P.A. with enough authority to check imported products, and its restrictions on citizens' abilities to petition the E.P.A. But the authors of the bill say it would strengthen the law in other ways.
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Here's the complete list: - Sunset legislation - Teacher pay increase of $1,000 - Administrative flexibility in teacher hiring and retention practices - School finance reform commission - School choice for special needs students - Property tax reform - Caps on state and local spending - Preventing cities from regulating what property owners do with trees on private land - Preventing local governments from changing rules midway through construction projects - Speeding up local government permitting process - Municipal annexation reform - Texting while driving pre-emption - Privacy - Prohibition of taxpayer dollars to collect union dues - Prohibition of taxpayer funding for abortion providers - Pro-life insurance reform - Strengthening abortion reporting requirements when health complications arise - Strengthening patient protections relating to do-not-resuscitate orders - Cracking down on mail-in ballot fraud - Extending maternal mortality task force
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