Class Five -- Thursday, September 18, 2014

Our goal in this class will be to introduce the concepts of dual banking and competitive equality. The initial reading is from the Excerpt from Chapter Two of The Regulation of Financial Institutions (posted for Class Four); review the materials in sections 2 and 3 (from pages 69 to 88), and especially the Marquette decision and the Citibank order. We will also discuss the Supreme Court’s decisions in the Barnett Bank v. Nelson, 517 U.S. 25 (1996); Watters v Wachovia Bank, 550 U.S. 1 (2007); and, in a more cursory manner, Cuomo v. Clearing House Ass’n, 557 U.S. 519 (2009). After you read these cases, take a look at the Preemption Provisions as Revised by the Dodd-Frank Act, and consider how these provisions change the law in this area. ).