Publication Date
12-1999
Journal
Cardozo Law Review
Abstract
Upon the enactment of the Employee Retirement Income Security Act of 1974 ("ERISA"), few would have predicted that, a generation later, ERISA's provisions preempting state law would be front page news, a central topic of national debate about health care and its regulation. Similarly, few foresaw at the time ERISA was adopted that the United States Supreme Court would have great difficulty construing ERISA's preemption provisions. By the same token, in 1974 the contemporary revival of interest in statutory textualism lay well into the future.
Volume
21
First Page
807
Publisher
Benjamin N. Cardozo School of Law
Keywords
Employee Retirement Income Security Act of 1974 (ERISA)
Disciplines
Constitutional Law | Jurisdiction | Jurisprudence | Labor and Employment Law | Law | Law and Economics
Recommended Citation
Edward A. Zelinsky,
Travelers, Reasoned Textualism, and the New Jurisprudence of ERISA Preemption,
21
Cardozo L. Rev.
807
(1999).
https://larc.cardozo.yu.edu/faculty-articles/223
Included in
Constitutional Law Commons, Jurisdiction Commons, Jurisprudence Commons, Labor and Employment Law Commons, Law and Economics Commons