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- Title
A REGULATORY VACUUM LEAVES GAPING WOUNDS-- CAN COMMON SENSE OFFER A BETTER WAY TO ADDRESS THE PAIN OF ERISA PREEMPTION?
- Authors
Oringer, Andrew L.
- Abstract
The article discusses issues relating to preemption under the U.S. Employee Retirement Income Security Act (ERISA) of 1974 wherein courts were said to be struggling with the nature of the available remedies and filling in some statute's gaps by promulgating federal common law. It argues that the broad interpretation of the courts with regards to ERISA preemption of state laws coupled with their narrow construction of the relief available under ERISA has resulted to a regulatory vacuum. It suggests that there must be a common sense in order to put security back in ERISA.
- Subjects
UNITED States; EMPLOYEE Retirement Income Security Act of 1974; RETIREMENT income laws; RETIREMENT policies; PENSION laws; ADMINISTRATIVE remedies; JUDICIAL process; COMMON sense
- Publication
Hofstra Labor & Employment Law Journal, 2009, Vol 26, Issue 2, p409
- ISSN
1189-3332
- Publication type
Article