# Preemption

`kaal:entity:preemption`

**Status.** derived

This node is assembled mechanically from the 2 claims that carry the concept tag `preemption`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself.

## Every claim under this term

2 claims across 2 works, 2012 to 2021.

**2012**

- [2029983-008](https://wulfkaal.github.io/claims/2029983-008) [condition/argued] *(failure mode)* -- Harmonization is politically unattainable absent either a central authority able to preempt the law of many jurisdictions or a single jurisdiction with enough economic clout to impose its rules on others, which makes harmonization especially difficult beyond national borders.
  > Second, harmonization is difficult to accomplish politi- cally unless there is a central authority that can preempt the law in a multitude of jurisdictions or, alternatively, a jurisdic- tion has so much economic clout that it can impose its rules on others.
  Wulf A. Kaal, Richard W. Painter, Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Austral (2012). SSRN: https://ssrn.com/abstract=2029983

**2021**

- [3936876-035](https://wulfkaal.github.io/claims/3936876-035) [mechanism/asserted] -- Becoming an OCC regulated trust is one route by which crypto exchanges can operate nationwide without securing state level licenses in each of the 49 states that require one.
  > Becoming an OCC-regulated trust is one way crypto exchanges can operate nationwide without needing to secure state-level licenses in each of the 49 different U.S. states (Montana doesn't have a licensing requirement).
  Wulf A. Kaal, Hayley Howe, Custody of Digital Assets (2021). SSRN: https://ssrn.com/abstract=3936876

## Verify

Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust.

    curl -s https://wulfkaal.github.io/entities/preemption.md | sha256sum

**Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.