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Understanding ERISA Preemption as a Legitimate Congressional Policy Determination
Stephen Rosenberg, The Wagner Law Group
[Opinion] July 15, 2008 Excerpt: [Preemption] was 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. It is worth noting that, some thirty years, countless judicial decisions enforcing preemption, and even more countless numbers of critics later, Congress still has never acted to change that - to, in effect, preempt preemption. MORE >> |
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