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Full-Text Articles in Law
Where Are We Going, And Where Should We Be In Ten Years?, Jonathan Barry Forman
Where Are We Going, And Where Should We Be In Ten Years?, Jonathan Barry Forman
Hofstra Labor & Employment Law Journal
No abstract provided.
The Next Generation Of Preemption Cases: State Regulation Of 401(K) Plans, Debra A. Davis
The Next Generation Of Preemption Cases: State Regulation Of 401(K) Plans, Debra A. Davis
Hofstra Labor & Employment Law Journal
It is not uncommon for state legislatures and the federal government to enact laws that involve similar issues. However, the Employee Retirement Income Security Act of 1974, as amended (ERISA) provides that state laws are preempted to the extent they relate to employee benefit plans. Since its enactment in 1974, most of the state laws that have been preempted focused on health matters. However, this is likely to change. With many of their constituents lacking adequate retirement benefits as well as the increased attention being placed on 401(k) plans, states are likely to start attempting to legislate in the area …
A Regulatory Vacuum Leaves Gaping Wounds-Can Common Sense Offer A Better Way To Address The Pain Of Erisa Remedial Law, Andrew L. Oringer
A Regulatory Vacuum Leaves Gaping Wounds-Can Common Sense Offer A Better Way To Address The Pain Of Erisa Remedial Law, Andrew L. Oringer
Hofstra Labor & Employment Law Journal
The article provides an extensive look at the subject of preemption across the benefits spectrum. It addresses the question of whether there are gaps in ERISA relating to causes of action and remedies available to participants and beneficiaries that should be filled by the courts. Alvin Lurie notes, The age-old debate of strict construction versus judicial activism that has raged in so many sectors of the law in this country is now being replayed in this arena. [Reading Oringer's] article . . . on the 'pain of ERISA preemption' is compulsory of anyone wanting to engage in that debate or …
Erisa Misrepresentation And Nondisclosure Claims: Securities Litigation Under The Guise Of Erisa?, Clovis Trevino Bravo
Erisa Misrepresentation And Nondisclosure Claims: Securities Litigation Under The Guise Of Erisa?, Clovis Trevino Bravo
Hofstra Labor & Employment Law Journal
No abstract provided.
Leaving Well Enough Alone: Reflections On The Current State Of Erisa Remedial Law, Thomas P. Gies, Jane R. Foster
Leaving Well Enough Alone: Reflections On The Current State Of Erisa Remedial Law, Thomas P. Gies, Jane R. Foster
Hofstra Labor & Employment Law Journal
No abstract provided.