Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (2)
- State and Local Government Law (2)
- Administrative Law (1)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
-
- Criminal Law (1)
- Entertainment, Arts, and Sports Law (1)
- First Amendment (1)
- Law and Gender (1)
- Legal Remedies (1)
- Legislation (1)
- Religion Law (1)
- Science and Technology Law (1)
- Second Amendment (1)
- Secured Transactions (1)
- Securities Law (1)
- Sexuality and the Law (1)
- Social Welfare Law (1)
- Tax Law (1)
- Taxation-Federal (1)
- Taxation-Federal Estate and Gift (1)
- Taxation-State and Local (1)
- Taxation-Transnational (1)
- Torts (1)
- Transportation Law (1)
- Water Law (1)
- File Type
Articles 1 - 4 of 4
Full-Text Articles in Retirement Security Law
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
Definitions, Religion, And Free Exercise Guarantees, Mark Strasser
Mark Strasser
The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory signals with …
Federalism And Fiduciaries: A New Framework For Protecting State Benefit Funds, Richard E. Mendales
Federalism And Fiduciaries: A New Framework For Protecting State Benefit Funds, Richard E. Mendales
Richard E. Mendales
The financial crisis has underlined difficulties faced by states and their subdivisions in paying benefits to their employees. The most spectacular example is Detroit's bankruptcy, but state and local employers across the country face sharp cuts in benefits as their employers fight for solvency. A federal solution such as ERISA is precluded by considerations of federalism and the impracticability of getting major legislation through Congress. This Article proposes an alternative solution: a uniform state code, following other uniform state laws such as the Uniform Commercial Code, that states could adopt to govern both state and local plans. It would finance …
Reforming Teacher Pensions, Leigh Anenson
Reforming Teacher Pensions, Leigh Anenson
Leigh Anenson
Pension reform has taken center stage in the public policy debate as states struggle to deal with the fallout from the Great Recession. Retirement benefits are not only a critical component of income-maintenance for public retirees, but also a source of economic stimulus to every state economy. In this article, we integrate and extend the pension reform movements in law, education and economics by studying teacher pensions across the United States. Our interdisciplinary approach concentrates on defined benefit plans in states that do not contribute to Social Security. Focusing on this vulnerable and important group of government workers, we aim …
Reforming Teacher Pensions, Leigh Anenson
Reforming Teacher Pensions, Leigh Anenson
Leigh Anenson
Pension reform has taken center stage in the public policy debate as states struggle to deal with the fallout from the Great Recession. Retirement benefits are not only a critical component of income-maintenance for public retirees, but also a source of economic stimulus to every state economy. In this article, we integrate and extend the pension reform movements in law, education and economics by studying teacher pensions across the United States. Our interdisciplinary approach concentrates on defined benefit plans in states that do not contribute to Social Security. Focusing on this vulnerable and important group of government workers, we aim …