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17 Hastings L.J. 419 (1965-1966)
Issue Editor's Preface

handle is hein.journals/hastlj17 and id is 451 raw text is: Issue Editor's Preface Preemption, according to Webster, is derived from the past par- ticiple of a Latin verb which means buy beforehand, and generally has two meanings today-a prior right to buy, and a taking possession before others.: This issue of the Hastings Law Journal is primarily con- cerned with the second meaning, insofar as it concerns relationships between local, state, national, international, and moral laws. Whenever there is a claim made that a law (ordinance) of a municipality does not have to be obeyed because it conflicts with a state law, or that a state law conflicts with a national law, or that any of these laws conflict with international or moral 'law, that claim raises the issue of pre- emption. This issue begins with a symposium devoted to Moral Preemption. Professor Harrop Freeman of the Cornell faculty, who has defended a number of persons involved in civil disobedience, Father Joseph Farraher, theologian and canon lawyer and President of Alma College, and United States District Judge William Sweigert give three different answers to the question When, if ever, in a democracy, does an indi- vidual have the right and/or duty to disobey the law of the state? Turning from the issue of preemption by international and/or moral law to the issue of preemption of state law by federal law, Professor Updegraff of our faculty (and an active arbitrator) thoroughly ex- amines the problems inherent in the labor law no man's land concept, which problems are caused by federal statutes that do not clearly define the areas intended to be preempted. Whether the reader agrees or disagrees with the Professor as to which powers should be given to each level of government (federal and state), it will be the rare reader who will not agree that there is a need for new and comprehensive legislation by the Congress in the field of labor law. Preemption of fields of activity which local ordinances purport to regulate has been a subject of increasing comment in California since the 1962 decision, In re Lane.' Mr. Coleman Blease, American Civil Liberties Union lawyer and member of the Berkeley faculty, carefully traces the history of the California law of preemption, and he demon- strates that there are two standards which the courts have developed -implied conflict with general law and conflict with implied general 1 WEBsTER, THmD NEw INTERNATIONAL DICTIoNARY 1786 (1961). Compare BLAci LAw DiCTiONAnY 1341-42 (4th ed. 1951). 258 Cal. 2d 99, 22 Cal. Rptr. 857, 372 P.2d 897 (1962). [4191

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