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Civil Rights vs. Preemption In Immigration Cases

Nicholas Mendoza looks at why the Obama administration has relied on arguments that the federal government has the authority to set immigration policy instead of challenging immigration laws on racial profiling grounds: Tumlin argues that the substantive differences between the two complaints have a lot to do with who the plaintiff is in each case. […]

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Federal Preemption Coming Back to Hurt Us.

The ongoing investigation into the mortgage mess — the often-compromised document chain that passed mortgage loans from borrower, to originator, to investor, to servicer — is revealing new challenges but is also a reminder of some of the problems confronted by the Dodd-Frank financial-reform law. One of those changes is in the area of federal […]

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Beating the Big Banks: Federal Preemption Loses in the House.

Readers may recall that Federal Regulatory Preemption, though obscure, is important! Before the financial crisis, banks were allowed to get away with more shenanigans because their primary federal regulators had total jurisdiction over their operations, while state-level officials couldn’t even investigate their business practices. This had the effect of allowing tons of consumer fraud to […]

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