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Erisa Qualified Pension Plan Benefits As Property Of The Bankruptcy Estate: The Unanswered Questions After Patterson V. Shumate, Jack E. Karns
Erisa Qualified Pension Plan Benefits As Property Of The Bankruptcy Estate: The Unanswered Questions After Patterson V. Shumate, Jack E. Karns
Campbell Law Review
To better understand the impact of Patterson, as well as future debates regarding conflict between state and federal law in the Bankruptcy Code, this article will review the underlying case law that set the stage for this judicial showdown. Part II specifically analyzes the competing case lines which excluded pension plan benefits from the bankruptcy estate. Part III briefly summarizes those cases which concluded that plan benefits must be included in the estate but may be subject to exemption under state or federal law. Part IV reviews the Patterson opinion in detail, as well as the issues and analysis …
Erisa, Preemption And Comprehensive Federal Health Care: A Call For "Cooperative Federalism" To Preserve The States' Role In Formulating Health Care Policy, James E. Holloway
Erisa, Preemption And Comprehensive Federal Health Care: A Call For "Cooperative Federalism" To Preserve The States' Role In Formulating Health Care Policy, James E. Holloway
Campbell Law Review
This article revisits the familiar theme of federalism and health care policy. It takes the position that federalism is decreasing and will decrease further under national health care that is fast becoming, if not already so, an exclusive field of federal regulation. The article draws this conclusion from three influences on federal regulation and policy: (1) the expanding preemptive effects of employee benefit regulation on state health care, as well as other law and public policy; (2) the increasing public policy favoring a comprehensive national health care policy; and (3) the existing dominance of federal medical care and assistance regulation …
The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary
The Dismantling Of Mcdonnell Douglas V. Green: The High Court Muddies The Evidentiary Waters In Circumstantial Discrimination Cases, Melissa A. Essary
Scholarly Works
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