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Maryland's Wal-Mart Act: Policy and Preemption
Cardozo Law Review, Forthcoming via Social Science Research Network 
Sept. 29, 2006
Excerpt: Maryland's Wal-Mart Act raises two fundamental questions: Is the Act legal? Does the Act represent sound policy? With respect to the legality of the Maryland statute, I conclude that the Employee Retirement Income Security Act of 1974 (ERISA) preempts the Maryland law. As a matter of policy, the Maryland statute is ill-conceived.
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