On 10/28/99, Lynn Winebarger <owinebar[_at_]free-expression.org> wrote:
>
> On Tue, 26 Oct 1999, Steven D. Jamar <sjamar[_at_]law.howard.edu> wrote:
> >
> > In a conflict between state law and federal law, the state law would
> > clearly be preempted under the supremacy clause regardless of any
> > statutory preemption. There is always the problem of what is a
> > conflict. For example, a state copyright law may well not conflict
> > with federal law. But a state copyright law covering the same subject
> > matter as the federal law would be statutorily preempted.
>
> Could you give an (hypothetical) example of what you mean by the
> last 2 sentences?
A state law that echoed sec. 106, for example, would not conflict but would be preempted.
John Noble
<jnoble[_at_]dgsys.com>
Received on Fri Oct 29 1999 - 21:57:19 GMT
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