Download or read book Federalism Consumer Protection and Regulatory Preemption written by Vincent DiLorenzo and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article explores agency power to preempt state consumer protection legislation. It presents a case study of preemption based on an aggressive posture toward non-acquiescence on the part of the Comptroller of the Currency. The non-acquiescence documented is not only to the uniform decisions of the circuit courts, but also to the United States Supreme Court's statements of the law governing conflict preemption in the field of banking law. The case study also documents agency non-acquiescence to the stated intent of Congress, whenever available in a statute's legislative history. This aggressive posture toward non-acquiescence is a troubling assertion of executive power because of the lack of effective judicial review. The Article documents that under the Chevron deferential standard of review, executive power to broadly set aside state law will not be effectively restrained. The conclusion is that heightened judicial review is justified at least when an agency exhibits that it has not acted as an unbiased forum for the claims of affected industry members, consumers and state governments.
Download or read book Preemption Choice written by William W. Buzbee and published by Cambridge University Press. This book was released on 2008-12-15 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theory, law, and reality of preemption choice. The Constitution's federalist structures protect states' sovereignty but also create a powerful federal government that can preempt and thereby displace the authority of state and local governments and courts to respond to a social challenge. Despite this preemptive power, Congress and agencies have seldom preempted state power. Instead, they typically have embraced concurrent, overlapping power. Recent legislative, agency, and court actions, however, reveal an aggressive use of federal preemption, sometimes even preempting more protective state law. Preemption choice fundamentally involves issues of institutional choice and regulatory design: should federal actors displace or work in conjunction with other legal institutions? This book moves logically through each preemption choice step, ranging from underlying theory to constitutional history, to preemption doctrine, to assessment of when preemptive regimes make sense and when state regulation and common law should retain latitude for dynamism and innovation.
Download or read book Dynamic Federalism and Consumer Financial Protection written by Jared Elosta and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the fall of 2008, at the peak of the financial crisis, Oren Bar-Gill and Elizabeth Warren published a law review article proposing the creation of a new federal agency charged with protecting consumers from dangerous lending practices. Fewer than two years later, in response to the most serious challenge to the United States financial system since the Great Depression, Congress enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). Adopting the idea of Bar-Gill and Warren, Dodd-Frank created the Consumer Financial Protection Bureau (“CFPB” or “Bureau”), whose mission is to ensure “that markets for consumer financial products and services are fair, transparent, and competitive.” Its architects have argued that if the CFPB had been in place in the mid-2000s, it could have prevented the recent financial crisis, which caused the most severe recession since the 1930s. In their 2008 article, Bar-Gill and Warren argued that a new consumer financial protection agency was needed because, among other reasons, existing federal financial regulators were insufficiently motivated to focus on consumer protection. Bar-Gill and Warren also alleged that the aggressive preemption of state consumer financial protection laws by the Office of the Comptroller of the Currency (“OCC”) in the 2000s weakened consumer financial protection at the state level. Throughout the past decade, consumer advocates, attorneys general, and academics have agreed, criticizing the OCC and the Office of Thrift Supervision (“OTS”) for their use of preemption to prevent states from cracking down on predatory lending. For their part, the OCC and other federal regulators have defended their use of preemption, arguing that the U.S. Constitution requires preemption where state law conflicts with federal law, and that preemption is an important tool for promoting the efficient operation of credit markets. As developed more fully below, both sides of the debate make a compelling argument, creating a preemption dilemma: preemption of state consumer financial protection laws could both harm and benefit consumers. This Recent Development examines how Dodd-Frank changes the relationship between state and federal consumer financial protection authority and helps resolve the preemption dilemma. It argues that Dodd-Frank promotes “dynamic federalism,” an arrangement of governance whereby overlapping authority and competition between state and federal regulators in the area of consumer financial protection has the potential to make the preemption dilemma much less problematic. By creating a powerful new agency in the CFPB while simultaneously weakening the ability of federal regulators to preempt state consumer protection laws, Dodd-Frank creates a new framework for state and federal consumer protection authorities. This innovation in consumer financial protection should satisfy both those arguing for greater state powers to protect their citizens and those emphasizing the need for consistent, nationwide regulations in order to promote efficient credit markets.
Download or read book Congressional Preemption written by Joseph F. Zimmerman and published by SUNY Press. This book was released on 2006-06-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the use of preemption powers by Congress to completely or partially remove regulatory authority from state and local governments.
Download or read book Consumer Law Common Markets and Federalism in Europe and the United States written by Thierry Bourgoignie and published by Walter de Gruyter. This book was released on 2013-08-26 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Preemption of State and Local Law written by James T. O'Reilly and published by American Bar Association. This book was released on 2006 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Download or read book Federal Preemption written by Joseph Francis Zimmerman and published by Wiley-Blackwell. This book was released on 1991 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Preemption written by Richard Allen Epstein and published by A E I Press. This book was released on 2007 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers federalism's constitutional basis and its practical applications.
Download or read book The Supremacy Clause Cooperative Federalism and the Full Federal Regulatory Purpose written by Adam Babich and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article shows that private litigants may use the preemption doctrine to police the national standards of cooperative federalist regulatory programs without undermining the state primacy that Congress intended those programs to preserve. It focuses on the environmental cooperative federalist systems that Congress employs in many anti-pollution laws. Laws that employ these systems encourage states to take the lead in administering regulatory programs that meet minimum national standards for protection of public health and welfare. Preemption doctrine should ensure that state laws do not obstruct attainment of these regulatory systems' lawful goals, yet must also take account of Congress' goal to preserve state primacy. For preemption to operate appropriately in this context, courts must recognize that (a) the ultimate touchstone of preemption analysis is the full federal regulatory purpose, and (b) multiple federal goals drive cooperative federalist schemes. It is then practical to distinguish true conflicts between state action and the full federal regulatory purpose from false conflicts, in which state action may conflict with a particular federal mandate, but not with the federal regulatory purpose when considered as a whole. This distinction can be implemented by sorting state-federal conflicts in cooperative federalist systems into three categories, (1) isolated administrative mistakes, (2) deviations subject to robust federal corrective mechanisms, defined in terms of the cooperative federalist systems' goals, and (3) true conflicts with the full federal regulatory purpose. Preemption of state action in the third category only will allow litigants - whether members of the regulated community or citizens seeking full implementation of regulatory protections - to use preemption doctrine to police, but not undermine, cooperative federalism.
Download or read book Constitutional Coup written by Jon D. Michaels and published by Harvard University Press. This book was released on 2017-10-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.
Download or read book Federalism and the Tug of War Within written by Erin Ryan and published by Oxford University Press, USA. This book was released on 2011 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Download or read book Polyphonic Federalism written by Robert A. Schapiro and published by ReadHowYouWant.com. This book was released on 2011-08-22 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between the state and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. In Polyphonic Federalism, Robert A. Schapiro defends the advantages of multiple perspectives in government, arguing that the resulting ''polyphony'' creates a system that is more efficient, democratic, and protective of liberties. This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Download or read book Redefining Federalism written by Douglas T. Kendall and published by Environmental Law Institute. This book was released on 2004 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
Download or read book Who Decides written by Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2021-10-29 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: "51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time"--
Download or read book Enhancing Government written by Erwin Chemerinsky and published by Stanford Law Books. This book was released on 2008-05-22 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for a new vision of how to allocate power between the federal and state governments to provide effective government and enhance liberty.
Download or read book Regulatory Federalism written by United States. Advisory Commission on Intergovernmental Relations and published by . This book was released on 1984 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
