Federal and State Pre-emption Basics

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NCSL Webinars allow attendees to participate in meetings taking place around the world from the comfort of their desk. They are collaborative, interactive and easy to use.

Most webinars will be recorded for those who are unable to attend the live meeting.

This program was designed to qualify for continuing legal education (CLE) credits in most states that have mandatory CLE. However, NCSL did not pre-apply for CLE in any state and cannot track attendance. Those who want to view the presentation and submit it for CLE credit in their state may self-apply using a Uniform Application for CLE. However, final acceptance of CLE hours is the prerogative of your state’s CLE authority.

Federal and State Pre-emption Basics: What Every Drafter Ought to Know


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This webinar will provide an overview of the fundamentals of the constitutional doctrine of federal pre-emption and introduce state pre-emption of local laws. The webinar will discuss best practices for navigating legislative draft requests that may be pre-empted by federal law. It will also provide guidance on how to prepare and counsel clients about state legislation that pre-empts or has the potential to pre-empt local law.


  • Erin Smith, legislative counsel, Texas Legislative Council. Erin Smith is an attorney in the legal division of the Texas Legislative Council in Austin. Her practice focuses on the development, drafting, and analysis of legislation relating to ethics and campaign finance, welfare and human services programs, and the health professions. Smith graduated from Texas A&M University with a B.A. in political science in 2007 and received her J.D. in 2010 from the University of Texas School of Law.