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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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