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Statutory Obsolescence and the Judicial Process: The Revisionist Role of the Courts in Federal Banking Regulation

1987/02/01 by Donald C. Langevoort · 1 citation
Social Sciences · Economics, Econometrics and Finance · Medicine · #Legal Systems and Judicial Processes #Legal and Constitutional Studies #Legal Cases and Commentary #Obsolescence #Business #Statutory law #Law #Law and economics #Statutory interpretation #Process (computing) #Due Process Clause #Political science #Economics #Constitution

paper · doi:10.2307/1288728

openalex publication_date 1987/02/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/08/01

Abstract

What do - or should - courts do when asked to interpret an apparently "obsolete" statute? This question is an important one half a century or more after the enactment of much of the fundamental federal legislation in such fields of economic regulation as labor, communications, antitrust, securities, and - the subject of this study banking. For a variety of reasons, including political inertia and special interest pressure, many of these statutes remain substantially unchanged even though the assumptions about marketplace structure and conditions that formed the basis for the legislation have long since ceased to hold true.

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