Document Type

Article

Publication Date

1984

Center/Program

Center for Contract and Economic Organization

Center/Program

The Charles Evans Gerber Transactional Studies Center

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. 2 When such conflicts occur, federal law "preempts' 3 the state law under the supremacy clause of the United States Constitution.4 Litigants who foresee a preemption issue often seek a declaratory judgment of preemption or nonpreemption in order to clarify their rights and duties.5 This Note addresses the scope of federal question jurisdiction over declaratory judgment actions in which preemption is the only federal question raised.

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