The Dynamics of State Protectionism: A Short Critique of the CTS Decision

This Article argues that while political forces make protectionist anti-takeover legislation "inevitable," the judiciary, prior to the CTS decision, had used the Commerce Clause and other theories to correct any imbalances by upholding the overriding national interest in the preservation of open national markets. The Article concludes that Congress should take affirmative steps to preempt protectionist state legislation, and in the interim, the CTS decision should be read narrowly.