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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-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 dividing Indian lands awarded to New York, from those awarded to the Commonwealth of Massachusetts in 1786 * 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 withi ..., displacement of U.S. municipal law by state law Other * Preempt ... [...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-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] |
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] |
Preemption (computing)
In computing, preemption is the act of temporarily interrupting an executing task, with the intention of resuming it at a later time. This interrupt is done by an external scheduler with no assistance or cooperation from the task. This preemptive scheduler usually runs in the most privileged protection ring, meaning that interruption and resuming are considered highly secure actions. Such a change in the currently executing task of a processor is known as context switching. User mode and kernel mode In any given system design, some operations performed by the system may not be preemptable. This usually applies to kernel functions and service interrupts which, if not permitted to run to completion, would tend to produce race conditions resulting in deadlock. Barring the scheduler from preempting tasks while they are processing kernel functions simplifies the kernel design at the expense of system responsiveness. The distinction between user mode and kernel mode, which det ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preemptive War
A preemptive war is a war that is commenced in an attempt to repel or defeat a perceived imminent offensive or invasion, or to gain a strategic advantage in an impending (allegedly unavoidable) war ''shortly before'' that attack materializes. It is a war that preemptively 'breaks the peace'. The term 'preemptive war' is sometimes confused with the term ' preventive war'. The difference is that a preventive war is launched to destroy the potential threat of the targeted party, when an attack by that party is not imminent or known to be planned. A preemptive war is launched in anticipation of immediate aggression by another party. Most contemporary scholarship equates preventive war with aggression, and therefore argues that it is illegitimate.Shue, Henry and Rhodin, David (2007). ''Preemption: Military Action and Moral Justification''. Oxford University Press. p. 116. The waging of a preemptive war has less stigma attached than does the waging of a preventive war. The initiatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
