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Can States Enforce Their Civil Rights Laws Against National Banks?

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dc.contributor.author Graham, Ann
dc.date.accessioned 2011-03-29T18:13:11Z
dc.date.available 2011-03-29T18:13:11Z
dc.date.issued 2009
dc.identifier.uri http://hdl.handle.net/10601/1301
dc.description.abstract The Second Circuit's decision in favor of the Office of Comptroller of the Currency (OCC), in Cuomo v. The Clearing House Association, found that deference was due the federal agency's interpretation of one of its regulations, which provided for the OCC's exclusive visitorial power over national banks, precluding the opposing party, the New York attorney general, from enforcing its state anti-discrimination laws against a national bank. The Chevron Doctrine grants the deference afforded to federal agency interpretation of their statutes. The United States Supreme Court granted certiorari. This Article first summarizes the facts and arguments made before the Second Circuit, including the existing, relevant case law tending to similar questions of law. It then addresses the issues presented with the Second Circuit's decision and analysis, such as states' interest in protecting its citizens from predatory or discriminatory lending, especially in the context of the subprime lending crisis. The Article concludes that the Supreme Court's review and decision in this case will allow it to respond to ambiguities lingering from its previous decisions. But ultimately, because of the necessary interpretation of the Chevron Doctrine, administrative lawyers and officials across disciplines will be significantly affected by the Supreme Court's analysis.
dc.language.iso en_US en_US
dc.publisher American Bar Association en_US
dc.relation.uri http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1571628
dc.relation.uri http://www.heinonline.org/HOL/Page?handle=hein.journals/prvw36&div=105&collection=journals&set_as_cursor=3&men_tab=srchresults
dc.subject Banking Law en_US
dc.subject Civil Rights en_US
dc.title Can States Enforce Their Civil Rights Laws Against National Banks? en_US
dc.title.alternative Preview of United States Supreme Court Cases en_US
dc.type Article en_US


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