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preemption    音标拼音: [pr,i'ɛmpʃən]
n. 先买,先买权

先买,先买权

preemption
占先

preemption
n 1: the judicial principle asserting the supremacy of federal
over state legislation on the same subject [synonym:
{preemption}, {pre-emption}]
2: the right of a government to seize or appropriate something
(as property) [synonym: {preemption}, {pre-emption}]
3: the right to purchase something in advance of others [synonym:
{preemption}, {pre-emption}]
4: a prior appropriation of something; "the preemption of
bandwidth by commercial interests" [synonym: {preemption}, {pre-
emption}]

Preemption \Pre*["e]mp"tion\ (?; 215), n. [Pref. pre- emption:
cf. F. pr['e]emption. See {Redeem}.]
The act or right of purchasing before others. Specifically:
(a) The privilege or prerogative formerly enjoyed by the king
of buying provisions for his household in preference to
others. [Eng.]
(b) The right of an actual settler upon public lands
(particularly those of the United States) to purchase a
certain portion at a fixed price in preference to all
other applicants. --Abbott.
[1913 Webster]

23 Moby Thesaurus words for "preemption":
adoption, appropriation, arrogation, assumption, colonization,
conquest, emption, enslavement, first option, first refusal,
indent, occupation, option, preoccupation, prepossession, refusal,
requisition, right of emption, right of preemption, subjugation,
takeover, taking over, usurpation

PRE-EMPTION, intern. law. The right of preemption is the right of a nation
to detain the merchandise of strangers passing through her territories or
seas, in order to afford to her subjects the preference of purchase. 1 Chit.
Com. Law, 103; 1 Bl. Com. 287.
2. This right is sometimes regulated by treaty. In that which was made
between the United States and Great Britain, bearing date the 10th day of
November, 1794, ratified in 1795, it was agreed, art. 18, after mentioning
that the usual munitions of war, and also naval materials should be
confiscated as contraband, that "whereas the difficulty of agreeing on
precise cases in which alone provisions and other articles not generally
contraband may be regarded as such, renders it expedient to provide against
the inconveniences and misunderstandings which might thence arise. It is
further agreed that whenever any such articles so being contraband according
to the existing laws of nations, shall for that reason be seized, the same
shall not be confiscated, but the owners thereof shall be speedily and
completely indemnified; and the captors, or in their default, the government
under whose authority they act, shall pay to the masters or owners of such
vessel the full value of all articles, with a reasonable mercantile profit
thereon, together with the freight, and also the damages incident to such
detention." See Mann. Com. B. 3, c. 8.
3. By the laws of the United States the right given to settlers of
public lands, to purchase them in preference to others, is called the
preemption right. See act of L. April 29, 1830, 4 Sharsw. Cont. of Story, U.
S. 2212.


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  • Federal preemption - Wikipedia
    In the law of the United States, federal preemption is the invalidation of a U S state law that conflicts with federal law The rules of preemption seek to restrict it to only where it is explicit or necessary
  • Federal Preemption: A Legal Primer - Congress. gov
    First, federal law can expressly preempt state law when a federal statute or regulation contains explicit preemptive language Second, federal law can impliedly preempt state law when Congress's preemptive intent is implicit in the relevant federal law's structure and purpose
  • preemption | Legal Information Institute
    The preemption doctrine is the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict
  • PREEMPTION Definition Meaning - Merriam-Webster
    The meaning of PREEMPTION is the right of purchasing before others; especially : one given by the government to the actual settler upon a tract of public land How to use preemption in a sentence
  • Preemption - Definition, Examples, Cases, Processes
    In a legal context, preemption refers to the principle that certain matters which have a national effect are governed by federal laws, rather than any contradictory state or local laws that may exist
  • Preemption: Understanding Its Legal Definition and Impact | US Legal Forms
    Preemption refers to a legal principle where federal law takes precedence over state laws when Congress has enacted legislation on a specific subject This means that if Congress has clearly stated that it has "occupied the field," states cannot create conflicting laws
  • Preemption legal definition of Preemption
    preemption n the rule of law that if the federal government through Congress has enacted legislation on a subject matter it shall be controlling over state laws and or preclude the state from enacting laws on the same subject if Congress has specifically stated it has "occupied the field "
  • Types of Preemption Analysis - Professor Leora Harpaz
    To demonstrate that field preemption exists, the challenger must show that Congress intended to fully occupy a field and leave no room for even supplemental state regulation
  • The Supremacy Clause and the Doctrine of Preemption
    The preemption doctrine comes from the supremacy clause It states that federal law preempts state law when the laws conflict Federal law also preempts state or local law if Congress intends to regulate an area and exclude the states
  • PREEMPTION Definition Meaning | Dictionary. com
    PREEMPTION definition: the act or right of claiming or purchasing before or in preference to others See examples of preemption used in a sentence





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