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Revisiting Erisa Preemption In Gobeille V. Liberty Mutual, Nicole B. Gage
Revisiting Erisa Preemption In Gobeille V. Liberty Mutual, Nicole B. Gage
Duke Journal of Constitutional Law & Public Policy Sidebar
Under the U.S. Constitution’s Supremacy Clause, federal law preempts state law. In 1974 Congress passed the Employee Retirement Income Security Act (ERISA) governing benefits offered by employers to their employees. The purpose of this statute was ensuring the uniformity of the law applicable to employee benefts. The Supreme Court case of Gobeille v. Liberty Mutual concerns the limits of ERISA’s preemption of state law, specifically whether a state law governing employee benefits is merely peripheral to the core ERISA functions. This Commentary argues that ERISA does not preempt a state law which does not interfere with the administration of ERISA …
Arbitration Revisited: Preemption Of California’S Unconscionability Doctrine After Concepcion, David Friedman
Arbitration Revisited: Preemption Of California’S Unconscionability Doctrine After Concepcion, David Friedman
Duke Journal of Constitutional Law & Public Policy Sidebar
This commentary looks at a Supreme Court case, Imburgia v. DIRECTV, in which the Court faces the question of whether an arbitration agreement, made pursuant to the Federal Arbitration Act, preempts state unconscionability doctrine which would render that agreement unenforceable. The Author argues that holding that federal law implementing a policy favoring arbitration fully preempts state law doctrines from preventing the enforcement of arbitration agreements.