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State and Local Government Law

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State law

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Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson Jan 2017

Beyond The Great Divide: Federalism Concerns In Municipal Insolvency, Andrew B. Dawson

Articles

No abstract provided.


How Not To Do Medical Malpractice Reform: A Florida Case Study, Mary I. Coombs Jan 2008

How Not To Do Medical Malpractice Reform: A Florida Case Study, Mary I. Coombs

Articles

No abstract provided.


A Presumption Against Agency Preemption, Nina A. Mendelson Jan 2008

A Presumption Against Agency Preemption, Nina A. Mendelson

Articles

Federal agencies are increasingly taking aim at state law, even though state law is not expressly targeted by the statutes the agencies administer. Starting in 2001, the Office of the Comptroller of the Currency (OCC) issued several notices saying that state laws would apply to national bank operating subsidiaries (incorporated under state law) to the same extent as those laws applied to the parent national bank. In 2003, the OCC specifically mentioned state consumer protection laws and took the position that the state laws were preempted and did not apply to mortgage lenders owned by national banks. In December 2006, …