4 ms·
> This is because, under a doctrine known as preemption, state courts generally cannot rule on questions of federal law, like copyright. This is too broad and
by torstenvl 3y ago
> This is because, under a doctrine known as preemption, state courts generally cannot rule on questions of federal law, like copyright.
This is too broad and in need of slight correction. By default, state courts have jurisdiction to hear cases under federal law, unless indicated otherwise "by an explicit statutory directive, by unmistakable implication from legislative history, or by a clear incompatibility between state-court jurisdiction and federal interests." Gulf Shore Co. v. Mobil Oil Corp., 453 U.S. 473, 478 (1981).
In this case, the author is correct, because copyright—like bankruptcy—is a matter of exclusive federal jurisdiction. However, extrapolating that "generally" to all "questions of federal law" is not accurate.