ABA Section of Business Law
eSource
Post-Cuomo – The Floodgates Have Not Opened and Watters Still Predominates.
- The November-December 2009 newsletter of the Consumer Financial Services Committee contains several articles of broad appeal. Two recent decisions of the Supreme Court and the U.S. Court of Appeals for the Second Circuit have revolved around the ability of the Federal banking laws through the Commerce Clause in the US Constitution to preempt state laws and/or the enforcement thereof. The newsletter contains a thoughtful analysis of the law of preemption: "Post-Cuomo – The Floodgates Have Not Opened and Watters Still Predominates." This is a useful exercise for a business lawyer involved in any aspect of consumer finance.
