Federalism Symposium Keynote Address
Second Symposium on Federalism, Preemption and State Law. Georgetown University Law Center. April 18, 2013. Uniform Law Commission President Michael Houghton and Delaware Governor Jack Markell
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Speaker Senator James Risch
Second Symposium on Federalism, Preemption and State Law. Georgetown University Law Center. April 18, 2013. Idaho Senator James Risch |
Agency Preemption? Don't Bank On It
Second Symposium on Federalism, Preemption and State Law. Georgetown University Law Center. April 18, 2013. Following the May 2009 Presidential Memorandum on Preemption, Professor Catherine Sharkey authored a Report for the Administrative Conference of the United States (ACUS), “Agency Procedures for Considering Preemption of State Law” (adopted in 2011), which proposed various agency reforms for implementing the preemption provisions of Federalism Executive Order 13132, and which also evaluated evidence in support of preemption. [Executive Order 13132 is a Clinton administration order that stated that “preemption of State law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the States and with a sufficient legal basis forpreemption.”] The OCC (Office of the Comptroller of the Currency) was featured prominently in the Sharkey study as an agency that had engaged in aggressive regulatory preemption, prompting Congress to rein in the agency in the 2010 Dodd-Frank Act. Professor Arthur Wilmarth has written extensively on the Dodd-Frank Act’s expansion of state authority to protect consumers of financial services. And Professor Rick Hills has written on the conflict-ridden history of American banking nationalism and Dodd-Frank preemption. The panelists will engage in a discussion of the Dodd-Frank preemption provisions and the future of OCC preemption as well as its broader ramifications for thinking more generally about Congressional, executive, and judicial review of agency preemption.
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Discussion of the ULC Draft Principles of Federalism
Second Symposium on Federalism, Preemption and State Law. Georgetown University Law Center. April 18, 2013. The ULC has developed draft “Principles of Federalism” that the ULC commends to institutions and individuals which, like the ULC, deal regularly with matters that lie on the boundaries of state and federal law. Panelists will comment both on the recommendations contained in the Draft Principles and on ways to garner attention to and responses concerning the Draft Principles. |
How Can Federalism Thrive Given the Politcal Pressures that Affect Policy Creation
Second Symposium on Federalism, Preemption and State Law. Georgetown University Law Center. April 18, 2013. Since the earliest days of the republic, finding the right balance between federal and state powers and responsibilities has posed a difficult challenge for our political institutions. In recent years, economic and cultural globalization, the use of fiscal and monetary policies in efforts to stabilize the economy, and the desire to use the resources of the federal government to address unmet social needs have resulted in an accelerating centralization of power with the federal government. At the same time, the concept of federalism is founded upon the understanding that state and local governments also have important responsibilities in many areas. The continuing problem is how to establish an effective dialogue among representatives of all levels of government when there is a perceived need for new legislation or regulation concerning matters as to which the various levels of government have shared responsibility, and how that can be accomplished in light of the political pressures that affect policy creation. |
Dodd-Frank: How has it Reshaped the Debate on Federalism
Second Symposium on Federalism, Preemption and State Law. Georgetown University Law Center. April 18, 2013. The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”), signed into law in 2010, has significantly increased states’ regulatory responsibilities. Under Dodd- Frank, state attorneys general and, to a lesser extent, state regulators, can directly enforce several aspects of federal law against banks, thrifts, and others, including attacking actions such as deceptive or abusive conduct against covered persons, and mortgage provisions regarding ability to repay, steering, and prepayment penalties. State officials also can enforce some provisions of federal statutes such as the Truth in Lending Act and the Fair Credit Reporting Act. This panel will help guide a conversation on Dodd-Frank and the proper role of states acting under federal law, and where and how state law can be improved.
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Current Issues Relating to Federalism and Preemption
Second Symposium on Federalism, Preemption and State Law. Georgetown University Law Center. April 18, 2013. In this concluding session the panelists will comment on some of the major themes raised in the discussions during the Symposium and on other current federalism issues. Ample time will be reserved for comments and questions from Symposium participants.
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