Federal preemption of state consumer fraud regulations

Article Abstract:

The US Supreme Court's 1995 Wolens decision further complicates issues of federal preemption of states' powers by allowing a broad interpretation of Airlines Deregulation Act's (ADA) preemption provision. Critics say the Court misconstructed the statute in holding the ADA provision preempts state airline regulation, while inapplicable to related contract claims. The decision could lead to weaker protection of airline consumers' interests, increased consumer fraud, and instances of expanded federal judicial power preempting states' regulatory and legislative powers.

Consumer protection, Airlines, Deregulation, Illinois, Case Note, Judge-made law, states

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Bank holding companies and "the business of insurance": interpretations of McCarran-Ferguson; Owensboro National Bank v. Stephens

Article Abstract:

Rulings of the US Court of Appeals for the 6th Circuit in Owensboro National Bank v. Stephens and the 11th Circuit in Barnett Bank v. Gallagher dealt with whether the McCarran-Ferguson Act preempted state law barring affiliation of banks with the insurance industry. The Owensboro case held in favor of preemption, Barnett ruled that McCarran-Ferguson's section 2(b) saved a Florida law from preemption. The US Supreme Court has granted certiorari in Barnett. Whether banks can engage in non-bank activities may be a question the US Congress has to resolve.

Financial services industry, Financial services, Bank holding companies

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Parity revisited: an empirical comparison of state and lower federal court interpretations of Nollan v. California Coastal Commission

Article Abstract:

The author explores differences in state and federal court interpretations of the U.S. Constitution, discusses federalism, and focuses upon the U. S. Supreme Court 1997 case Nollan v. California Coastal Commission.

United States, California, Analysis, Interpretation and construction, Federal courts, Federalism, Constitutional law, Constitutional interpretation, Powers and duties, State courts

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