Tags » Preemption

Federal Preemption of State and Local Paid Sick Leave Laws

I relish preemption arguments.  I am not referring to the state preemption laws which preclude municipalities from enacting local labor legislation (and which you can find by clicking on “Preemption States” on my menu bar above).   547 more words

Paid Sick Days

Federal Court of Appeals Upholds Preemption of Local Pesticide Ordinance

This post is not legal advice

As 2016 draws to a close, I thought I would miss an opportunity to write on issues in the state of Hawaii. 369 more words


USPTO Issues an update on “Subject Matter Eligibility”

The USPTO recently issued new guidance to Patent Examiners regarding the Subject Matter Eligibility.

Below are the Highlights of the guidance based on Federal Circuit (FC) Decisions: 145 more words

News Updates

Interpretation of Joseph Raz

So this is the essay I ultimately turned in. I got an A on it, if that means anything.

The Legitimacy of Laws

The central issue in Raz’s “Morality of Freedom” is determining the legitimacy of both an authority and the laws it decrees. 1,565 more words


The U.S. Needs A Preemptive Cyber Warfare Doctrine

Preempt, Disrupt, Defeat Adversaries in Cyberspace

The United States has suffered yet another major cyber attack. On October 21, 2016, major corporations and the U.S. government’s servers fell under a malicious and widespread attack from hackers that are believed to have been associated with Russia. 2,208 more words


Russia's Preemptive Nuclear War Doctrine

You Call It “Offensive,” We Call It, “Defensive!”

The setting is the Pentagon. The year is 1964. Then-Secretary of Defense Robert McNamara is at the height of his power. 2,311 more words


when are state law unfair competition claims preempted?

Duer v. Bensussen Deutsch & Associates, Inc., 2015 WL
11256568, No. 14-CV-01589 (N.D. Ga. Jul. 8, 2015)

Very broad preemption finding makes me blog this older case… 480 more words