PREEMPTION
preemption (pree-emp-sh<<schwa>>n), n.1. The right to buy before others. See RIGHT OF PREEMPTION. [Cases: Contracts 16; Sales 24; Vendor and Purchaser 18(.5). C.J.S. Contracts §§ 37–41, 44, 46, 55–56, 58; Sales §§ 41–42; Vendor and Purchaser§§ 98–100, 103–106, 115–116.] 2. The purchase of something under this right. 3. An earlier seizure or appropriation. 4. The occupation of public land so as to establish a preemptive title. [Cases: Public Lands 34. C.J.S. Public Lands § 50.] 5.Constitutional law. The principle (derived from the Supremacy Clause) that a federal law can supersede or supplant any inconsistent state law or regulation. — Also termed (in sense 5) federal preemption. See COMPLETE-PREEMPTION DOCTRINE. [Cases: States 18.3. C.J.S. States § 22.] — preempt,vb. — preemptive,adj.
conflict preemption. See obstacle preemption.
Garmon preemption. Labor law. A doctrine prohibiting state and local regulation of activities that are actually or arguably (1) protected by the National Labor Relations Act’s rules relating to the right of employees to organize and bargain collectively, or (2) prohibited by the National Labor Relations Act’s provision that governs unfair labor practices. San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236, 79 S.Ct. 773 (1959). — Also termed Garmon doctrine. See COLLECTIVE BARGAINING; UNFAIR LABOR PRACTICE. [Cases: Labor Relations 45. C.J.S. Labor Relations § 23.]
Machinists preemption. Labor law. The doctrine prohibiting state regulation of an area of labor activity or management–union relations that Congress has intentionally left unregulated. Lodge 76, Int’l Ass’n of Machinists v. Wisconsin Employment Relations Comm’n, 427 U.S. 132, 96 S.Ct. 2548 (1976). [Cases: Labor Relations 45. C.J.S. Labor Relations § 23.]
obstacle preemption.The principle that federal or state law can supersede or supplant state or local law that stands as an obstacle to accomplishing the full purposes and objectives of the overriding federal or state law. — Also termed conflict preemption.
[Blacks Law 8th]