Legal types

[maddog]

Originally Posted by D. Scarlatti

I probably shouldn't say this but any lawyer that thinks state law is going to trump federal law likely shouldn't have been allowed past second-year law school. But as I said each state individually adopted ICPC, so perhaps that is where some of the confusion arose. I'd be interested to know, once this thing shakes out. Keep us posted.

Eww, "choice-of-law" questions. Ick; I hate that subject. Sometimes, when you have both federal and state law on the same topic, federal law takes precedence, and other times, the state law does. It depends whether one is intended to preempt or not, or which one is strictly the one that "applies." Very complicated, very technical, very fact-intensive and fact-specific.

I'm not sure if an "interstate compact" is a federal or a state law. If it's like the "uniform law on X," then the model of the law or code is created by law commissions, and each state opts in or adopts the law, so that even though the law only has status as "state" law, the law will be the same, or nearly the same, in the jurisdictions (states) which adopt it.
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