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Full-Text Articles in Labor and Employment Law
Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky
Travelers, Reasoned Textualism, And The New Jurisprudence Of Erisa Preemption, Edward A. Zelinsky
Faculty Articles
Upon the enactment of the Employee Retirement Income Security Act of 1974 ("ERISA"), few would have predicted that, a generation later, ERISA's provisions preempting state law would be front page news, a central topic of national debate about health care and its regulation. Similarly, few foresaw at the time ERISA was adopted that the United States Supreme Court would have great difficulty construing ERISA's preemption provisions. By the same token, in 1974 the contemporary revival of interest in statutory textualism lay well into the future.
Bcgseu: Turning A Page In Canadian Human Rights Law, Dianne Pothier
Bcgseu: Turning A Page In Canadian Human Rights Law, Dianne Pothier
Dianne Pothier Collection
The Supreme Court of Canada's decision in British Columbia Government and Service Employees' Union (BCGSEU) v. British Columbia (Public Service Employee Relations Commission)' starts like a classic Lord Denning judgment. Within the first few lines, without even knowing what the legal issue really is, you know who is going to win because of how that person is presented. Justice McLachlin's judgment, speaking for a unanimous nine-person Court, begins by noting that the grievor, Tawney Meiorin, "did her work well" but nonetheless "lost her job."' It was that dissonance that made the facts of the case compelling for reinstatement. But what …