Excerpt: BrightScope: Why do you think judges are 'ERISA novices' as you have indicated in your writings? Brooks Hamilton: Judges 'appear' to be ERISA novices at their very best, or so it seems to me. Some may indeed even have a heartfelt bias, or perhaps an honest predisposition regarding fundamental ERISA issues, which in the altogether render them fundamentally indifferent, if not viscerally opposed, to the fiduciary standards imposed by ERISA. It must be remembered that 'Trust law' as a descendant of the Common Law was not a basic part of federalism in the first place.  MORE >>