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Retirement Security Law Commons

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Articles 1 - 5 of 5

Full-Text Articles in Retirement Security Law

After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria Hylton Aug 2015

After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria Hylton

Faculty Scholarship

This paper examines the recent U.S. Supreme Court retiree health care decision in Tackett v. M & G Polymers and focuses, in particular, on the ostensibly odd silence with respect to a critical contract term — whether the parties in fact agreed that these benefits were vested. Although the union in Tackett insisted these welfare benefits were clearly intended to vest and the employer now asserts they can be modified at any time, the collective bargaining agreement and supporting documents are ambiguous on this question. This paper examines how and why this “silence” persisted for so many decades and concludes that ...


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Closing The Gap: Safeguarding Participants' Rights By Expanding The Federal Common Law Of Erisa, Jayne Elizabeth Zanglein Jan 1994

Closing The Gap: Safeguarding Participants' Rights By Expanding The Federal Common Law Of Erisa, Jayne Elizabeth Zanglein

Washington University Law Review

This Article will explore the current boundaries of the federal common law of ERISA and will urge the expansion of these boundaries to protect plan participants who have been betrayed without a remedy.