SmartBrief
Confirm favorite deletion?
Banking Law Keyed to Malloy, 4th Ed.
Conference of State Bank Supervisors v. Conover
Citation:
715 F.2d 604 (1983)Facts
The International Banking Act of 1978 established a federal regulatory framework for foreign banks operating in the United States, which previously had been regulated exclusively by states. The Act sought to provide “national treatment” to foreign banks, treating them as competitive equals with domestic banks. The Comptroller of the Currency issued regulations implementing the IBA, interpreting Section 4(a) to allow him to approve a foreign bank’s application to establish a federal branch or agency in a state unless that state prohibited all foreign banks from establishing such offices. The Comptroller also interpreted Section 5(a) to allow him to approve interstate branches and agencies without requiring compliance with state-imposed operational limitations, and interpreted Sections 1 and 4(d) to permit federal agencies to accept deposits from persons who were neither citizens nor residents of the United States. The plaintiffs challenged these interpretations, arguing that the Comptroller must observe state reciprocity laws and operational limitations, and that federal agencies cannot accept any deposits whatsoever.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.