Volume 12-2

STATE ENFORCEMENT OF STATE FAIR-LENDING LAWS AGAINST NATIONAL BANKS IS NOT AN EXERCISE OF VISITORIAL POWERS RESERVED EXCLUSIVELY TO THE FEDERAL GOVERNMENT BY THE NATIONAL BANK ACT: CUOMO V. CLEARING HOUSE ASSOCIATION, L.L.C.

BY JAMES THORNBURG Do states have the power to enforce their own fair-lending laws against national banks? This was the question presented to the Supreme Court of the United States in Cuomo v. Clearing House Ass’n, L.L.C. In a majority opinion by Justice Antonin Scalia, the Court answered in the […]

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