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- Title
INTEREST EXPORTATION AND PREEMPTION: MADDEN'S IMPACT ON NATIONAL BANKS, THE SECONDARY CREDIT MARKET, AND P2P LENDING.
- Authors
Marvin, Michael
- Abstract
The Supreme Court's denial of certiorari in Madden v. Midland Funding, LLC leaves a dangerous precedent standing in the Second Circuit that poses a significant risk to the consumer-credit market writ large. This Note highlights the dangers that the Madden ruling presents and in so doing cautions against the adoption of the ruling by other circuits. Moreover, given the centrality of New York in the financial economy of the United States, it presents strategies for credit originators in the Second Circuit to protect themselves from Madden.
- Subjects
BOND market laws; MIDLAND Funding LLC v. Madden (Supreme Court case); PEER-to-peer lending; NATIONAL banks (U.S.); UNITED States. Supreme Court
- Publication
Columbia Law Review, 2016, Vol 116, Issue 7, p1807
- ISSN
0010-1958
- Publication type
Article