Friday, August 10, 2007

Reece on ERISA Preemption

Sharon Reece (Maryland) has just posted on SSRN her article ERISA Preemption and Fair Share Legislation.  Here's the abstract:

This paper addresses the issues states face in creating healthcare initiatives for their citizens. The preemption provisions of ERISA have presented a formidable obstacle to the implementation of these laws. The paper offers some alternatives and proposals which could possibly minimize the effect of preemption.

Reece's article discusses extensively the Maryland Fair Share Act and the Fourth Circuit's holding that it was preempted by ERISA.   This is a thoughtful article on an important topic.


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