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1979•Journal of legislationOpen access

Preemption and the Constitutionality of State Tender Offer Legislation

Harold Moore

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Abstract

Corp., 422 U.S. 49 (1975), the Supreme Court analyzed various features of federal regulation of tender offers, but neither case involved preemption.2 The Securities and Exchange Act of 1934, 15 U.S.C. § 78 (1976), as amended by the Williams Act of 1970, Pub.L. No. 90-439, § § 13(e), 14(b), 14(d) and 14(e), 82 Stat.454 provides for federal regulation of tender offers.3 See, e.g., Langevoort, State Tender Offer Legislation: Interests, Effects and Political Competency, 62 CORNELL L. Q. 213 (1977) [hereinafter cited as Langevoort]; Wilner & Landy, Th.e Tender Trap: State Takeover Laws and Their Constitutionality, 45 FORDHAM L. Rv

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Corp., 422 U.S. 49 (1975), the Supreme Court analyzed various features of federal regulation of tender offers, but neither case involved preemption.2 The Securities and Exchange Act of 1934, 15 U.S.C. § 78 (1976), as amended by the Williams Act of 1970, Pub.L. No. 90-439, § § 13(e), 14(b), 14(d) and 14(e), 82 Stat.454 provides for federal regulation of tender offers.3 See, e.g., Langevoort, State Tender Offer Legislation: Interests, Effects and Political Competency, 62 CORNELL L. Q. 213 (1977) [hereinafter cited as Langevoort]; Wilner & Landy, Th.e Tender Trap: State Takeover Laws and Their Constitutionality, 45 FORDHAM L. Rv

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Corp., 422 U.S. 49 (1975), the Supreme Court analyzed various features of federal regulation of tender offers, but neither case involved preemption.2 The Securities and Exchange Act of 1934, 15 U.S.C. § 78 (1976), as amended by the Williams Act of 1970, Pub.L. No. 90-439, § § 13(e), 14(b), 14(d) and 14(e), 82 Stat.454 provides for federal regulation of tender offers.3 See, e.g., Langevoort, State Tender Offer Legislation: Interests, Effects and Political Competency, 62 CORNELL L. Q. 213 (1977) [hereinafter cited as Langevoort]; Wilner & Landy, Th.e Tender Trap: State Takeover Laws and Their Constitutionality, 45 FORDHAM L. Rv

Key concepts: Constitutionality, Preemption, Legislation, Tender offer, Law, State (computer science), Federal preemption, Business

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