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Maurer School of Law: Indiana University

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Full-Text Articles in Law

Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster Apr 2019

Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster

Indiana Law Journal

Despite worsening climate change threats, investment in energy—in the United States and globally—is dominated by fossil fuels. This Article provides a novel analysis of two pathways in corporate and securities law that together have the potential to shift patterns of energy investment.

The first pathway targets current investments and corporate decision-making. It includes efforts to influence investors to divest from owning shares in fossil fuel companies and to influence companies to address climate change risks in their internal decision-making processes. This pathway has received increasing attention, especially in light of the Paris Agreement and the Trump Administration’s decision to withdraw …


The Behavioral Economic Case For Paternalistic Workplace Retirement Plans, Paul M. Secunda Jan 2016

The Behavioral Economic Case For Paternalistic Workplace Retirement Plans, Paul M. Secunda

Indiana Law Journal

Dependence on 401(k) retirement accounts continues to cause a massive retirement crisis in the United States by leaving most workers unprepared for retirement. The voluntary, inaccessible, employer-centered, expensive, and consumer-driven natures of these plans have combined to make retirement a type of corporate-inspired elder abuse in America.

Behavioral economics considers the utility of permitting individual choice in decision-making settings. Many, however, have been misled to believe that greater choice is always better. Yet, according to one prominent commentator, this consumer-driven paradigm will lead to 48% of current workers between the ages of fifty and sixty-four being poor when they reach …


Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua Fairfield Jan 2001

Erisa Preemption And The Case For A Federal Common Law Of Agency Governing Employer-Administrators, Joshua Fairfield

Articles by Maurer Faculty

No abstract provided.


Multiple Legal Representation Of Erisa Plans And Employers Following Allegations Of Fraud And Malfeasance, Elwyn C. Lee Oct 1982

Multiple Legal Representation Of Erisa Plans And Employers Following Allegations Of Fraud And Malfeasance, Elwyn C. Lee

Indiana Law Journal

No abstract provided.


Spendthrift Trusts And Employee Pensions: The Problem Of Creditors' Rights, Jeffrey G. Sherman Jan 1979

Spendthrift Trusts And Employee Pensions: The Problem Of Creditors' Rights, Jeffrey G. Sherman

Indiana Law Journal

No abstract provided.