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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Troy Ltd. v. Renna, 727 F.2d 287 (1984)

Citation
Troy Ltd. v. Renna, 727 F.2d 287 (1984)
Parent Document
Troy Ltd. v. Renna, 727 F.2d 287 (1984)
Effective Date
1984-01-30

Other Sections in This Document (109)

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The threshold inquiry is whether the state law has operated " 'as a substantial impairment of a contractual relationship.' " Id. at 704-05, quoting Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 244, 98 S.Ct. 2716, 2722, 57 L.Ed.2d 727 (1978).8 If the state law is found to be a "substantial impairment," then a second inquiry is required: "the State, in justification, must have a significant and legitimate public purpose behind the regulation ... such as the remedying of a broad and general social or economic problem." Id. 103 S.Ct. at 705. Finally, if such a legitimate public purpose is identified, a third query is posed: "the next inquiry is whether the adjustment of 'the rights and responsibilities of contracting parties [is based] upon reasonable conditions and [is] of a character appropriate to the public purpose justifying [the legislation's] adoption.' " Id., quoting United States Trust Co., 431 U.S. at 22, 97 S.Ct. at 1517. It is at this third stage that the distinction introduced in United States Trust enters: