Document Type
Article
Publication Date
1984
Abstract
As Congress uses the commerce power to regulate areas of the economy previously controlled by the states, federal statutes conflict with state law with increasing frequency. When such conflicts occur, federal law "preempts" the state law under the supremacy clause of the United States Constitution. Litigants who foresee a preemption issue often seek a declaratory judgment of preemption or nonpreemption in order to clarify their rights and duties. This Note addresses the scope of federal question jurisdiction over declaratory judgment actions in which preemption is the only federal question raised.
Disciplines
Jurisdiction | Law | Law and Economics
Recommended Citation
Ronald J. Mann,
Federal Jurisdiction over Preemption Claims: A Post-Franchise Tax Board Analysis,
62
Tex. L. Rev.
893
(1984).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/461