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Full-Text Articles in Law
Statutory Standing And The Tyranny Of Labels, Radha A. Pathak
Statutory Standing And The Tyranny Of Labels, Radha A. Pathak
Oklahoma Law Review
Constitutional and prudential standing doctrines have received an abundance of scholarly consideration. Statutory standing, in contrast, has remained largely unexplored. The Supreme Court’s use of the term is relatively consistent and unobjectionable, but the meaning that many lower courts ascribe to it is anything but innocuous. This article develops a conceptual framework for understanding the different ways in which different courts conceive of statutory standing. Using the Employee Retirement Income Security Act of 1974 (“ERISA”) as a paradigmatic example, it attempts to illustrate the pernicious effects that often result from common misconceptions of statutory standing in disputes involving purely private …
A Square Peg In A Round Hole: Whether Traditional Trust Law "Make-Whole" Relief Is Available Under Erisa Section 502(A)(3), Susan Harthill
A Square Peg In A Round Hole: Whether Traditional Trust Law "Make-Whole" Relief Is Available Under Erisa Section 502(A)(3), Susan Harthill
Oklahoma Law Review
No abstract provided.
Erisa: No Further Inquiry Into Conflicted Plan Administrator Claim Denials, Don Bogan, Benjamin Fu
Erisa: No Further Inquiry Into Conflicted Plan Administrator Claim Denials, Don Bogan, Benjamin Fu
Oklahoma Law Review
No abstract provided.
Pension Law: Cash Balance Pension Plans Are Not Inherently Age Discriminatory: Cooper V. Ibm Personal Pension Plan Defies A Strong History Of Support For The Cash Balance Design, Allison C. Mcgrath
Pension Law: Cash Balance Pension Plans Are Not Inherently Age Discriminatory: Cooper V. Ibm Personal Pension Plan Defies A Strong History Of Support For The Cash Balance Design, Allison C. Mcgrath
Oklahoma Law Review
No abstract provided.
Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan
Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan
Oklahoma Law Review
No abstract provided.
Employee Benefits: Erisa Enhanced Benefit Claims And The Seventh Amendment: No Common Ground In The Tenth Circuit-- Adams V. Cyprus Amax Minerals Co., Amy Nixon
Oklahoma Law Review
No abstract provided.
Preemption: The Federal Employees Health Benefit Act(Fehba): Why The Oklahoma Supreme Court Was Wrong In Allowing State Claims In Kincade V. Group Health Services, Matthew P. Sallusti
Preemption: The Federal Employees Health Benefit Act(Fehba): Why The Oklahoma Supreme Court Was Wrong In Allowing State Claims In Kincade V. Group Health Services, Matthew P. Sallusti
Oklahoma Law Review
No abstract provided.
Health Care: Erisa Preemption And Hmo Liability--A Fresh Look At Erisa Preemption In The Context Of Subscriber Claims Against Hmos, Brooks Richardson
Health Care: Erisa Preemption And Hmo Liability--A Fresh Look At Erisa Preemption In The Context Of Subscriber Claims Against Hmos, Brooks Richardson
Oklahoma Law Review
No abstract provided.