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Preemption (other)
Preemption or pre-emption may refer to: Legal * FDA preemption, legal theory in the United States that exempts product manufacturers from tort claims regarding Food and Drug Administration approved products * Federal preemption, displacement of U.S. state law by U.S. Federal law * Pre-crime, a criminal justice system approaches to crimes not yet committed * Pre-emption (Dominion Land Survey), a purchase right given to settlers under the 1872 Dominion Lands Act * Pre-emption rights, the right of existing shareholders in a company to buy shares offered for sale before they are offered to the public * Preemption (land), a type of land transfer in the United States, as in the Preemption Act of 1841 * Preemption Line, the line that divided the Indian lands of western New York State, that had been awarded to New York, from those that had been awarded to the Commonwealth of Massachusetts by the Treaty of Hartford of 1786 * State preemption, displacement of U.S. municipal law by state l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Preemption
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the Supreme law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. As the Supreme Court stated in '' Altria Group v. Good'', 555 U.S. 70 (2008), a federal law that conflicts with a state law will overtake, or "preempt", that state law: Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". '' Maryland v. Louisiana'', 451 U. S. 725, 746 (1981) Although many concurrent powers are subject t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pre-crime
''Pre-crime'' (or ''precrime'') is the idea that the occurrence of a crime can be anticipated before it happens. The term was coined by science fiction author Philip K. Dick, and is increasingly used in academic literature to describe and criticise the tendency in criminal justice systems to focus on crimes not yet committed. Precrime intervenes to punish, disrupt, incapacitate or restrict those deemed to embody future crime threats. The term ''precrime'' embodies a temporal paradox, suggesting both that a crime has not yet occurred and that it is a foregone conclusion. Origins of the concept George Orwell introduced a similar concept in his 1949 novel ''Nineteen Eighty-Four'' using the term ''thoughtcrime'' to describe illegal thoughts which held banned opinions about the ruling government or intentions to act against it. A large part of how it differs from precrime is in its absolute prohibition of anti-authority ideas and emotions, regardless of the consideration of any physi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pre-emption (Dominion Land Survey)
Preemption or pre-emption may refer to: Legal * FDA preemption, legal theory in the United States that exempts product manufacturers from tort claims regarding Food and Drug Administration approved products * Federal preemption, displacement of U.S. state law by U.S. Federal law * Pre-crime, a criminal justice system approaches to crimes not yet committed * Pre-emption (Dominion Land Survey), a purchase right given to settlers under the 1872 Dominion Lands Act * Pre-emption rights, the right of existing shareholders in a company to buy shares offered for sale before they are offered to the public * Preemption (land), a type of land transfer in the United States, as in the Preemption Act of 1841 * Preemption Line, the line that divided the Indian lands of western New York State, that had been awarded to New York, from those that had been awarded to the Commonwealth of Massachusetts by the Treaty of Hartford of 1786 * State preemption, displacement of U.S. municipal law by state ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dominion Lands Act
The ''Dominion Lands Act'' (long title: ''An Act Respecting the Public Lands of the Dominion'') was an 1872 Canadian law that aimed to encourage the settlement of the Canadian Prairies and to help prevent the area being claimed by the United States. The Act was closely based on the U.S. ''Homestead Act of 1862'', setting conditions in which the western lands could be settled and their natural resources developed. In 1871, the Government of Canada entered into Treaty 1 and Treaty 2 to obtain the consent of the Indigenous nations from the territories set out respectively in each Treaty. The Treaties provided for the taking up of lands "for immigration and settlement". In order to settle the area, Canada invited mass emigration by European and American pioneers, and by settlers from eastern Canada. It echoed the American homestead system by offering ownership of 160 acres of land free (except for a small registration fee) to any man over 18 or any woman heading a household. They did ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pre-emption Right
A pre-emption right, right of pre-emption, or first option to buy is a contractual right to acquire certain property newly coming into existence before it can be offered to any other person or entity. It comes from the Latin verb ''emo, emere, emi, emptum'', to buy or purchase, plus the inseparable preposition ''pre'', before. A right to acquire existing property in preference to any other person is usually referred to as a ''right of first refusal''. Company shares In practice, the most common form of pre-emption right is the right of existing shareholders to acquire new shares issued by a company in a rights issue, usually a public offering. In this context, the pre-emptive right is also called subscription right or subscription privilege. It is the right but not the obligation of existing shareholders to buy the new shares before they are offered to the public. In that way, existing shareholders can maintain their proportional ownership of the company and thus prevent stock dilut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pre-emption Rights
A pre-emption right, right of pre-emption, or first option to buy is a contractual right to acquire certain property newly coming into existence before it can be offered to any other person or entity. It comes from the Latin verb ''emo, emere, emi, emptum'', to buy or purchase, plus the inseparable preposition ''pre'', before. A right to acquire existing property in preference to any other person is usually referred to as a ''right of first refusal''. Company shares In practice, the most common form of pre-emption right is the right of existing shareholders to acquire new shares issued by a company in a rights issue, usually a public offering. In this context, the pre-emptive right is also called subscription right or subscription privilege. It is the right but not the obligation of existing shareholders to buy the new shares before they are offered to the public. In that way, existing shareholders can maintain their proportional ownership of the company and thus prevent stock dilut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preemption (land)
Preemption was a term used in the nineteenth century to refer to a settler's right to purchase public land at a federally set minimum price; it was a right of first refusal. Usually this was conferred to male heads of households who developed the property into a farm. If he was a citizen or was taking steps to become one and he and his family developed the land (buildings, fields, fences) he had the right to then buy that land for the minimum price. Land was otherwise sold through auction, typically at a price too high for these settlers. Preemption is similar to squatter's rights and mining claims. Preemption was politically controversial, primarily among land speculators and their allies in government. In the early history of the United States, and even to some degree during the colonial era, settlers were moving into the "virgin wilderness" and building homes and farms without regard to land title. The improvements increased the value of all the nearby property. Eventually th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preemption Line
The Preemption Line (also spelled Pre-Emption) divided the aboriginal lands of western New York State awarded to New York from those awarded to Commonwealth of Massachusetts by the Treaty of Hartford of 1786. It was defined as the meridian (north–south) line from the eighty-second milestone of the Pennsylvania–New York survey line at 76° 57' 58" W northward to Lake Ontario. Origin and definition By coincidence, the Preemption Line is near the meridian of the Capitol at Washington (77° 00' 33" W of Greenwich), but the popular assumption that the Preemption Line was intended to be on that meridian seems to be a myth, since the District of Columbia had not been surveyed at the time of the 1786 treaty; in fact Benjamin Ellicott helped map and survey the District of Columbia in 1791–1792 and then re-surveyed the Preemption line in 1792 (see below). The word "preemption" refers to the pre-emptive right that Massachusetts received to negotiate with the native sovereign tribes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaty Of Hartford (1786)
The Treaty of Hartford is a treaty concluded between New York and Massachusetts on December 16, 1786 in Hartford, Connecticut. Background The colonial charters for New York and Massachusetts both described their boundaries as extending westward to the Pacific Ocean. However, both charters used distances from coastal rivers as their baselines, and thus both states could claim the same land. The area in dispute included all of western New York State west of, approximately, Seneca Lake, extending all the way to the Niagara River and Lake Erie, and north to south from the shore of Lake Ontario to the Pennsylvania border. Terms New York and Massachusetts agreed to divide the rights in question with a treaty signed December 16. The states agreed that all of the land in question, about 6 million acres (24,000 km2), would be recognized as part of New York State. Massachusetts, in return, obtained the right of preemption, the title to all of the land, giving it the exclusive ri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Preemption
In United States law, state preemption is the invalidation of some action by, or the wresting of power from, a portion of the state government (more often than not a municipality or other part of the state government that only exercises power within a certain geographical area such as a county) usually by the state legislature. Preemption is often used when there is a political disagreement between the state legislature and municipal governments. The largest division between the legislature and the local governments is typically partisan; most state legislatures have been, since 2010, dominated by Republicans, while city governments are typically dominated by Democrats. Types of preemption State preemption comes in many forms. A state that enacts a requirement but allows municipalities to pass more stringent laws is engaging in preemption; however, most controversial forms of state preemption are the opposite. Some preemption laws contain punishments for enforcing preempted laws ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preempt
Preempt (also spelled "pre-empt") is a bid in contract bridge whose primary objectives are (1) to thwart opponents' ability to bid to their best contract, with some safety, and (2) to fully describe one's hand to one's partner in a single bid. A preemptive bid is usually made by ''jumping'', i.e. skipping one or more bidding levels. Since it deprives the opponents of the bidding space, it is expected that they will either find a wrong contract (too high or in a wrong denomination) of their own, or fail to find any. A preemptive bid often has the aim of a ''save'', where a partnership bids a contract knowing it cannot be made, but assumes that (even when doubled), the penalty will still be smaller than the value of opponents' bid and made contract. Scoring context The tables at right help to illustrate the limits of the scoring advantage to be gained in duplicate bridge by preempting or sacrificing when the opponents may be successful in making a game contract. The level to w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
