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The question used to be whether the Federal law was so all-encompassing that it displaced all attempts by a state to regulate the subject matter in question. If
by howard941 7y ago
The question used to be whether the Federal law was so all-encompassing that it displaced all attempts by a state to regulate the subject matter in question. If it was then preempt. If not, state law survives. Preemption doctrine is not so clear cut anymore.