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Articles 1 - 9 of 9
Full-Text Articles in Law
Preemption Between The Poles: Erisa's Effect On State Common Law Actions Other Than Benefit Claims, Troy A. Price
Preemption Between The Poles: Erisa's Effect On State Common Law Actions Other Than Benefit Claims, Troy A. Price
University of Arkansas at Little Rock Law Review
No abstract provided.
Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow
Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow
University of Richmond Law Review
Retirement has become an increasingly important topic of public policy discussion in the United States, as well as an accepted, and even cherished, goal for many American workers. Consequently, it is not surprising that the Age Discrimination in Employment Act (ADEA) recognized, somewhat inartfully, the importance of retirement. When originally passed, the ADEA expressly provided an exemption for any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of the ADEA. In 1986, Congress amended the ADEA to eliminate mandatory retirement, but made clear in its legislative …
Wards Cove Packing Or Not Wards Cove Packing? That Is Not The Question: Some Thoughts On Impact Analysis Under The Age Discrimination In Employment Act, Mack A. Player
University of Richmond Law Review
Assume two employers, A and B. Each gives a separate objective test to select employees for a particular position. Employer A utilizes a pen-and-paper, multiple choice examination that has questions in three major categories: 1) biology and genetics which includes DNA theory, cloning, etc.; 2) astrophysics, with questions about time, space, light relationships, "black holes," novas, etc. and 3) microprocessor engineering, the internet, silicon chips, and the like.
Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor
Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor
University of Richmond Law Review
In the past, the traditional question posed by unions was: "which side are you on?"--presenting a clear choice between labor and capital. As membership and bargaining power fall, however, unions are asserting their rights as shareholders to influence corporate decision making outside the conventional labor law framework. Because the National Labor Relations Act does not adequately protect workers' rights, unions have devised innovative methods as shareholders to exercise unprecedented power over managers. In only a few years, labor-shareholders have become highly visible players in the institutional shareholder movement. As a group, labor-shareholders submit one of the largest numbers of shareholder …
Institutional Investors: Agents Of Change, James E. Heard
Institutional Investors: Agents Of Change, James E. Heard
Fordham Journal of Corporate & Financial Law
No abstract provided.
Are There Too Many Cooks In The Corporate Kitchen?, Jill Fisch
Are There Too Many Cooks In The Corporate Kitchen?, Jill Fisch
Fordham Journal of Corporate & Financial Law
No abstract provided.
Erisa - Fischer V. Philadelphia Electric Co.: The Third Circuit Seriously Considers The Fiduciary Duty To Disclose Potential Changes To An Employee Benefit Plan Under Erisa, Mathew S. Rotenberg
Erisa - Fischer V. Philadelphia Electric Co.: The Third Circuit Seriously Considers The Fiduciary Duty To Disclose Potential Changes To An Employee Benefit Plan Under Erisa, Mathew S. Rotenberg
Villanova Law Review
No abstract provided.
Esop's Fables: Leveraged Esops And Their Effect On Managerial Slack, Employer Risk And Motivation In The Public Corporation, Hunter C. Blum
Esop's Fables: Leveraged Esops And Their Effect On Managerial Slack, Employer Risk And Motivation In The Public Corporation, Hunter C. Blum
University of Richmond Law Review
Shareholder rights and their influence on corporate governance have become an increasingly important topic in corporate law. The recent wave of corporate downsizing in the early 1990's has disturbed our collective equilibrium. Many now challenge the basic corporate law tenet that the directors hold a fiduciary duty to the shareholders only and the traditional idea that the proper corporate goal is shareholder wealth maximiza- tion.
Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice
Every Category Of Provider: Hindsight Is 20/20 Vision, Melanie K. Curtice
Seattle University Law Review
This Comment contends that if the "Every Category of Provider" statute had been properly limited, as intended and not as interpreted, it would not have met its ultimate fate of ERISA preemption. In order to show how this public interest legislation could remain in effect and provide at least minimal statutory support for consumer choice, an overview of Washington state health care reform, ERISA preemption, and the federal district court decision preempting the statute is necessary. In Part I, this Comment provides a brief history of the "Every Category of Provider" statute and the Bulletin. Part II contains a summary …