Article:
Peter C. Carstensen, Regulating Banking in the Public
Interest: The Case for an Open Approach to Chartering and
Branching, 57 Texas L. Rev. 1085 (1979).
Abstract:
In his article, “Regulating Banking,” professor Carstensen
analyzes one aspect of the regime that created and defined the
U.S banking system: the controls on entry in both general and
specific locations. The purpose of the article is to describe
the various ways to interpret the legislative mandates
authorizing banking regulations to restrict bank entry in the
public interest. Professor Carstensen also evaluates the
possible formulations in terms of their potential for actually
serving public interests. The basic premise of the article is
that differing legal standards have an impact on the rate and
character of entry and expansion in banking. Professor
Carstensen concludes that the dual chartering system itself
creates sufficient pressure to produce the maximum entry. He
urges the need for empirical evaluation of the effects of
differing standards on the structure of banking.