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Full-Text Articles in Law
Erisa Preemption Doctrine As Health Policy, Joshua P. Booth, Larry I. Palmer
Erisa Preemption Doctrine As Health Policy, Joshua P. Booth, Larry I. Palmer
Faculty Publications
No abstract provided.
The New Massachusetts Health Law: Preemption And Experimentation, Edward A. Zelinsky
The New Massachusetts Health Law: Preemption And Experimentation, Edward A. Zelinsky
William & Mary Law Review
The Employee Retirement Income Security Act of 1974 (ERISA) preempts major features of the new Massachusetts health law. Although regrettable, this conclusion is mandated by ERISA's statutory terminology and the controlling case law. Other states, in fashioning their health care policies, are looking at elements of the new Massachusetts law. Just as ERISA preempts the individual and business contribution mandates of the Massachusetts statute, ERISA will preempt any similar provisions adopted by other states.
Because state experimentation with health care is particularly desirable today, Congress should, at a minimum, amend ERISA to validate the new Massachusetts health law. More comprehensively, …
Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer
Disabiling The Ada: Essences, Better Angels, And Unprincipled Neutrality Claims, Aviam Soifer
William & Mary Law Review
No abstract provided.
Erisa Section 104(B)(4): What Documents Do Employees Have A Right To Demand From Their Employers?, Anne-Marie M. Miles
Erisa Section 104(B)(4): What Documents Do Employees Have A Right To Demand From Their Employers?, Anne-Marie M. Miles
William & Mary Law Review
No abstract provided.
The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover
The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover
Faculty Publications
No abstract provided.
The Labor Preemption Doctrine: Hamiltonian Renaissance Or Last Hurrah?, David L. Gregory
The Labor Preemption Doctrine: Hamiltonian Renaissance Or Last Hurrah?, David L. Gregory
William & Mary Law Review
No abstract provided.