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Full-Text Articles in Law
Erisa And The Preemption Of State Law, Walter Donat
Erisa And The Preemption Of State Law, Walter Donat
Fordham Urban Law Journal
Article examines the language of Employment Retirement Income Security Act of 1974 (ERISA), the pre-emption provisions, its legislative history, and the various court interpretations of the preemption provisions.
Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso
Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso
Fordham Urban Law Journal
This Comment addresses how the concern of state and local governments to regain control over environmental regulation has resulted in a marked increase in conflicts with the commerce and supremacy clauses of the Constitution. Various tests have been used by the courts to determine violations of these Constitutional provisions where environmental objectives are sought through local laws. In the field of environmental litigation, traditional tests are constantly challenged to meet the changing moral climate of the nation. This Comment weighs the desire of local legislatures for more responsive environmental regulation against the federal goal of uniform regulation and unrestrained interstate …