The Supreme Court has already ruled in favor of pre-emption in securities and medical device cases.
It concerns drug makers and the issue of federal pre-emption of state tort claims.
FORBES: A New Wave Of Product Liability Against Drug Makers? Tomorrow The Supreme Court Decides
In broader terms, Lord Goldsmith also expressed scepticism about the US doctrine of "pre-emption".
Either candidate will face legislation over pre-emption, the theory that federal regulations can preclude certain lawsuits.
Will he risk pre-emption against Iran or does he believe it can be contained?
"It lead to an exaggerated perception of pre-emption as the heart and soul of American policy".
It is inconsistent with the notion of pre-emption to argue that the threat is imminent.
Does Mr Obama, who opposed that war, accept the idea of pre-emption in any circumstances?
ECONOMIST: America's foreign policy: Is there an Obama doctrine? | The
However he reflected that the Bush administration's "articulation of a policy of pre-emption, " was "possibly a mistake".
But even Democratic colleagues understood that the action was predicated on pre-emption, not on an imminent threat.
But, "there's heavy pre-emption by the regulator, which prevents capital from finding its most productive use, " sighs Kotak.
My best guess is that the debate, and possibly the election, will turn on the issue of military pre-emption.
This committee appoints the boards of Ingka Holding, approves any changes to the company's statutes, and has pre-emption rights on new share issues.
Operationally, a doctrine of pre-emption would require far better intelligence about where its enemies' military capabilities are, if America is to destroy them.
Botswana also has a pre-emption right over the Oppenheimers' shares, so it may yet increase its stake in De Beers from 15% to 25%.
Hence, the effect of the U.S. deployment might be the opposite of that intended: It could reduce fear of Israeli pre-emption among potential Arab aggressors.
For all his previous tough talk about pre-emption, Mr Bush says for now that he hopes to sort out North Korea with diplomacy, not force.
That, combined with the president's repeated statements that Iran getting a nuclear weapon is "unacceptable, " surprisingly aligns this administration with the George W. Bush administration's doctrine of pre-emption.
So far not even Mr Blair has felt able to endorse either the American idea that Iraq is an imminent threat (as opposed to a longer-term one), or America's concept of pre-emption.
ECONOMIST: Lawyers on both sides are not short of ammunition
Maybe western intelligence agencies are so amazingly incompetent that they cannot provide correct information properly to inform a policy of pre-emption, in which case such wars are even more dangerous and wrong.
The current focus on pre-emption, resulting from the political debate over particular pre-emptive policies and actions, now affords me an opportunity to bring my thinking, teaching and writing together into a short book.
"I heard Senator Kerry say that there was some kind of global test that you ought to be able to pass to support pre-emption, and I don't understand what that means, " Rice said.
In this book, I will propose some generalizations about pre-emption in its varying contexts and manifestations and suggest how a democratic society might begin to construct a jurisprudence a philosophy of pre-emption.
In the event that the GRB exercises its pre-emption rights in full, Anglo American will acquire an incremental 30 percent interest in De Beers, taking its total interest to 75 percent, and the consideration payable by Anglo American would be reduced proportionately.
FORBES: Anglo American Receives Final Regulatory Approval for De Beers Acquisition
As he and the president exchange views on the issue, if people feel that Kerry has an aggressive security plan, that includes pre-emption, and believe that he is truly tough enough to use it, the president's re-election bid may begin a strong slide downward.
应用推荐