Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 7 of 7
Full-Text Articles in Law
Travelers Insurance: New Support For The Argument To Restrain Erisa Pre-Emption, Karen A. Jordan
Travelers Insurance: New Support For The Argument To Restrain Erisa Pre-Emption, Karen A. Jordan
Karen A. Jordan
In recent years, courts have applied the Employee Retirement Income Security Act of 1974 ("ERISA ") to pre-empt an increasingly wide scope of state laws, with the effect of limiting remedies of plan participants and beneficiaries and frustrating state health care reform efforts. Professor Jordan argues that the recent Supreme Court decision in New York State Conference of Blue Cross & Blue Shield v. Travelers Insurance Co. is a signal from the Court that ERISA pre-emption should be applied more narrowly. She first analyzes the Court's prior pre-emption decisions and identifies delimiting language unheeded by lower courts. She then explores …
Financial Conflicts Of Interest In Human Subjects Research: Proposals For A More Effective Regulatory Scheme, Karen A. Jordan
Financial Conflicts Of Interest In Human Subjects Research: Proposals For A More Effective Regulatory Scheme, Karen A. Jordan
Karen A. Jordan
No abstract provided.
Perpetual Conservation: Accomplishing The Goal Through Preemptive Federal Easement Programs, Karen A. Jordan
Perpetual Conservation: Accomplishing The Goal Through Preemptive Federal Easement Programs, Karen A. Jordan
Karen A. Jordan
No abstract provided.
Coverage Denials In Erisa Plans: Assessing The Federal Legislative Solution, Karen A. Jordan
Coverage Denials In Erisa Plans: Assessing The Federal Legislative Solution, Karen A. Jordan
Karen A. Jordan
No abstract provided.
The Emerging Use Of A Balancing Approach In Casey'S Undue Burden Analysis, Karen A. Jordan
The Emerging Use Of A Balancing Approach In Casey'S Undue Burden Analysis, Karen A. Jordan
Karen A. Jordan
No abstract provided.
The Contraceptive Mandate: Compelling Interest Or Ideology?
The Contraceptive Mandate: Compelling Interest Or Ideology?
Karen A. Jordan
In the wake of the administrative rule requiring employee health benefit plans to cover contraceptive services, many employers are pursuing religious liberty claims against the federal government. In claims under the Religious Freedom Res- toration Act, a prima facie showing by a plaintiff that a federal law substantially burdens the exercise of religion shifts the burden to the government to justify the burden by showing that the law is the least restrictive means of advancing a compel- ling governmental interest. This article focuses on the compelling interest prong of the government's burden. The text of RFRA and judicial gloss make …
Recovering Subsidiarity In Family Life Education, Karen Jordan
Recovering Subsidiarity In Family Life Education, Karen Jordan
Karen A. Jordan
This article provides a rigorous analysis of the legitimacy of continuing to rely on and promote school-based family life education, as a way of addressing concerns associated with sexual activity by adolescents. The issue is crucial because empirical evidence strongly suggests that a school-based approach, regardless of curricular content, has failed. For reasons grounded in law and policy, this article advocates that states should retreat from school-based family life education and, instead, recover the insights of the philosophical principle of subsidiarity. Recovering subsidiarity means fully respecting and giving effect to the parental right and duty to educate children in matters …