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The Effect of the New SEC Rules on the Constitutionality of State Takeover Statutes

Kathleen E. Slusser

Abstract

This Note examines the constitutionality of state takeover statutes in light of the SEC's 1979 adoption of new merger rules governing tender offers. It discusses the procedural and substantive requirements of both the Williams Act and the new SEC rules, the state takeover statutes, and the preemption question that is raised by the combination of these laws. The author then argues that state takeover statutes are unconstitutional by virtue of their conflict with specific provisions of the new SEC rules.

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Key concepts: Constitutionality, Statute, Preemption, Law, State (computer science), Political science, Statute of limitations, Business