A Regulatory Vacuum Leaves Gaping Wounds - Can Common Sense Offer a Better Way to Address the Pain of ERISA Preemption?
NYU Review of Employee Benefits and Executive Compensation, Lurie, ed., 2009
Hofstra Labor & Employee Law Journal, Vol. 26, p. 409, Spring 2009
40 Pages Posted: 17 Feb 2010 Last revised: 27 Sep 2012
The article provides an extensive look at the subject of preemption across the benefits spectrum. It addresses the question of whether there are gaps in ERISA relating to causes of action and remedies available to participants and beneficiaries that should be filled by the courts. Alvin Lurie notes, The age-old debate of strict construction versus judicial activism that has raged in so many sectors of the law in this country is now being replayed in this arena. [Reading Oringer's] article . . . on the 'pain of ERISA preemption' is compulsory of anyone wanting to engage in that debate or merely to be informed without engagement.
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