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ERISA Preemption - What We Have Here Is a Failure to Communicate
Health Plan Law 
July 20, 2008
Excerpt: Stephen Rosenberg observed this week that ERISA's preemption provisions were 'a legitimate policy choice by the Congress that passed ERISA to maintain one consistent federal policy and body of law for purposes of employee benefits.' He makes the point that Congress, not the judiciary, is responsible for the statute's preemptive reach.
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