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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

Included in

Law Commons

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