Toward a basal Tenth Amendment: a riposte to national bank preemption of state consumer protection laws.

From: Harvard Journal of Law & Public Policy | Date: June 22, 2006| Author: | Copyright information

Recent regulations promulgated by the Office of the Comptroller of the Currency assert a sweeping authority to preempt a broad array of state laws, including consumer protection laws, applicable not only to national banks but also to their state-chartered operating subsidiaries. The regulations threaten both to disrupt state efforts to combat predatory lending and other abusive practices and to interfere with a state's sovereign authority over corporations chartered under its laws. Yet federal courts reviewing these initiatives have failed to devote any substantial analysis to ...

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