Abstract

http://ssrn.com/abstract=1571628
 


 



Can States Enforce Their Civil Rights Laws Against National Banks?


Ann Graham


Hamline University School of Law

April 20, 2009

Preview of United States Supreme Court Cases, Vol. 36, No. 7, pp. 435-39
Texas Tech Law School Research Paper No. 2010-24

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.

Number of Pages in PDF File: 6

Keywords: Chevron Doctrine, subprime lending crisis, Supreme Court, banking law, Cuomo v. The Clearing House Association

JEL Classification: G21, G28, K23

Accepted Paper Series


Download This Paper

Date posted: March 22, 2010 ; Last revised: November 21, 2010

Suggested Citation

Graham, Ann, Can States Enforce Their Civil Rights Laws Against National Banks? (April 20, 2009). Preview of United States Supreme Court Cases, Vol. 36, No. 7, pp. 435-39; Texas Tech Law School Research Paper No. 2010-24. Available at SSRN: http://ssrn.com/abstract=1571628

Contact Information

Ann Graham (Contact Author)
Hamline University School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
651-523-2349 (Phone)
651-523-2236 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 313
Downloads: 29

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.313 seconds