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The Constitutionality Of State And Local Governments' Response To Apartheid: Divestment Legislation, Christine Walsh

Fordham Urban Law Journal

In response to the realities of apartheid South Africa, many state legislatures promulgated divestment legislation, which mandates the withdrawal of public funds and/or public pension funds from corporations and financial institutions that do business in or with South Africa. This Note discusses state and local governmental such legislation. It then analyzes the constitutional difficulties posed by legislation in the areas of foreign affairs and interstate and foreign commerce. This Note concludes by considering alternatives to the state and local legislation and urges the adoption of federal measures to restrict United States investment in South Africa.