Document Type
Article
Media Type
Text
Abstract
This Article argues that while political forces make protectionist anti-takeover legislation "inevitable," the judiciary, prior to the CTS decision, had used the Commerce Clause and other theories to correct any imbalances by upholding the overriding national interest in the preservation of open national markets. The Article concludes that Congress should take affirmative steps to preempt protectionist state legislation, and in the interim, the CTS decision should be read narrowly.
First Page
259
Last Page
272
Publication Date
5-1-1988
Department
Other
ISSN
0734-1490
Language
eng
Publisher
Northern Illinois University Law Review
Recommended Citation
Bamonte, Thomas J.
(1988)
"The Dynamics of State Protectionism: A Short Critique of the CTS Decision,"
Northern Illinois University Law Review: Vol. 8:
Iss.
2, Article 8.
Suggested Citation
Thomas J. Bamonte, The Dynamics of State Protectionism: A Short Critique of the CTS Decision, 8 N. Ill. U. L. Rev. 259 (1988).