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Articles 1 - 3 of 3

Full-Text Articles in Law

Separating Business Decisions And Fiduciary Duty In Erisa Litigation?, Mary O. Jensen Mar 1996

Separating Business Decisions And Fiduciary Duty In Erisa Litigation?, Mary O. Jensen

Brigham Young University Journal of Public Law

No abstract provided.


A Framework For Analysis Of Erisa Preemption In Suits Against Health Plans And A Call For Reform, Susan O. Scheutzow Jan 1996

A Framework For Analysis Of Erisa Preemption In Suits Against Health Plans And A Call For Reform, Susan O. Scheutzow

Journal of Law and Health

This article provides a framework for an analysis of ERISA preemption of suits against health plans. The types of decisions made by health plans will be categorized and ERISA preemption concepts applied to this categorization to determine the points in inequity between ERISA regulated health plans and non-ERISA regulated health plans. This article will then review the problems inherent in relying upon the malpractice area as the primary remedy for beneficiaries seeking care under ERISA regulated and non-ERISA regulated plans and identify a number of key points for reform.


A Farewell To Pension Policy: The Impact Of Flexible Iras On Current Tax Policy, Regina T. Jefferson Jan 1996

A Farewell To Pension Policy: The Impact Of Flexible Iras On Current Tax Policy, Regina T. Jefferson

Scholarly Articles

This Article describes and critiques the objectives of the American Dream Savings Account. This Article then analyzes the potential social and economic effects of accomplishing the identified goals of the ADSA. Finally, this Article will conclude that the shift in pension policy made manifest by the ADSA, and other similar savings proposals, has potentially dramatic implications for future retirement savings among middle- and low-income Americans.