LAW 606 Lecture Notes - Lecture 22: Market Participant, Supremacy Clause, National Foreign Trade Council

• School: University of Illinois
• Department: Law
• Course: LAW 606
• Professor: J Mazzone

Document Summary

Ussc says ok, but state couldn"t do it at private universities b/c that gives private universities incentives to discriminate: can ga deny medical facilities (for abortion) to out-of-staters. Yes. (different than the commerce clause, market participant exception in commerce. ) Has congress spoken: yes- congressional consent, no- pre-emption, pre-emption. 3 modes of pre-emption: express pre-emption, implied occupation of a regulatory field. Rice v. santa fe eleveator: congressional purpose is clear. Strong presumption against field regulation against traditional local concerns: implied preclusion of conflicting state regulations. Page 1 of 3: literal conflict, contradiction; Gade v. national solid waste mgmt: conflicting pre-emption for il provisions for licensing workers who handle hazardous waste- conflicts w/ fed occupational standards: impossible to simultaneously do both. Florida lime v. paul- compliance with both federal and state regulation is a physical impossibility. However, fed law was the minimum standards, hence this was not a physical impossibility of compliance case.