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" where compliance with both federal and state regulations is a physical impossibility..., " Florida Lime & Avocado Growers, Inc. v. Paul, 373 US 132, 142-143 (1963), or where the state " law stands as an obstacle to the accomplishment and execution of... "
Federalism: Hearings Before the Committee on Governmental Affairs, United ... - Página 126
por United States, United States. Congress. Senate. Committee on Governmental Affairs - 1999 - 433 páginas
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Elusive Equality: Women's Rights, Public Policy, and the Law

Dia Calhoun, Susan Gluck Mezey - 2003 - 319 páginas
...'compliance with both federal and state regulations is a physical impossibility' ... or because the state law stands 'as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.'"48 fornia's lead and recognize the special needs of working pregnant women through leaves...
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Copyright:Sacred Text, Technology, and the DMCA

David Nimmer - 2003 - 545 páginas
...of copyright's preemptive power is the United States Constitution. To the extent that any state law "stands as an obstacle to the accomplishment and execution of the full 88 See 17 USC §§ 106(1), (3) (1994) (limiting copyright owner's rights to reproduction and distribution...
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Impact on Consumers of Bank and Financial Holding Companies' Engagement in ...

United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Financial Institutions - 2003 - 128 páginas
...chagrined to read the OCCTs avoidance of this standard, attempting to replace it with a standard of 'stands as an obstacle to the accomplishment and execution of the full purpose! and objeotivea of Congress." ' The ftiH purpose end objective of Congress (not to mention...
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Federalism and Labour Law: Comparative Perspectives

O. Vanachter, M. Vranken - 2004 - 128 páginas
...both federal and state regulations is a physical impossibility' [citation omitted], or where state law 'stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress' [citations omitted]." Gade, 505 US at 98. See, eg, Title VII of the Civil Rights Act of 1964 (42 USC...
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The Supremacy Clause: A Reference Guide to the United States Constitution

Christopher R. Drahozal - 2004 - 206 páginas
...Purposes The second type of conflict preemption is obslacle preemption: A slale law is preempted when it "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress" (Hines v. Davidowit/., 1941). Obstacle preemption is broader than impossibility preemption, and less...
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Interstate Economic Relations

Joseph F. Zimmerman - 2004 - 308 páginas
...function is to determine whether, under the circumstances of this particular case, Pennsylvania's law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. 112 Two tests of congressional preemption were explicated by the court in 1947: (1) "[T]he question...
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The HIPAA Program Reference Handbook

Ross A. Leo - 2004 - 440 páginas
...impossible to comply with both the State and federal requirements; or (2) The provision of State law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of part C of title XI of the Act or section 264 of Pub. L. 104-191, as applicable. More stringent means,...
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Drug and Medical Device Product Liability Deskbook

James Beck, Anthony Vale - 2004 - 1640 páginas
...interfere with how it was intended to operate. Thus, implied preemption also exists where state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress."6 It is under this broader form of conflict preemption (sometimes referred to as "obstacle"...
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The RCRA Practice Manual

Theodore L. Garrett, American Bar Association - 2004 - 509 páginas
...compliance with both federal and state regulations is a physical impossibility, or where state law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress."53 Nothing in RCRA expressly preempts state or local law. Nor is the RCRA scheme "so pervasive"...
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HIPAA: A Practical Guide to the Privacy and Security of Health Data

June M. Sullivan - 2004 - 253 páginas
...impossible to comply with both the State and federal requirements; or (2) The provision of State law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of part C of title XI of the Act or section 264 of Pub. L. 104-191, as applicable. More stringent means,...
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