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940 F.3D 1 (D.C. CIR. 2019) In Mozilla Corp. v. FCC, (1) the United States Court of Appeals for the D.C. Circuit upheld the FCC's 2018 Restoring Internet Freedom Order [...]

This Note analyzes whether federal customer and employee discrimination claims brought in federal court against dispensaries and other marijuana businesses in legalizing states can prevail. This inquiry strikes at the [...]

INTRODUCTION Since Wyeth v. Levine, 555 U.S. 555 (2009) was decided in 2008, courts have attempted to apply a counterfactual preemption standard requiring 'clear evidence' that the Food and Drug [...]

CONTENTS INTRODUCTION I. FEDERAL REGULATION AND THE E-CIGARETTE DILEMMA A. The E-Cigarette's Health Threat to Teens B. The Risk of Hoping for Harm Reduction in Adults II. MARKETING AS BIG [...]

INTRODUCTION When a participant in a retirement plan subject to the Employee Retirement Income Security Act of 1974 (ERISA) dies at the hands of another, plan fiduciaries must determine the [...]

INTRODUCTION When a participant in a retirement plan subject to the Employee Retirement Income Security Act of 1974 (ERISA) dies at the hands of another, plan fiduciaries must determine the [...]

In Hall v. Lsref4 Lighthouse Corporate Acquisitions, LLC, 2016 WL 6651389 (2016, WD NY), the court held that a severance plan was not subject to the Employee Retirement Income Security [...]

ABSTRACT Mental health care in the United States is plagued by stigma, cost, and access issues that prevent many people from seeking and continuing treatment for mental health conditions. Emergent [...]

The Supreme Court's recent decision in Armstrong v. Exceptional Child Center, Inc. (1) has raised concerns within the healthcare community (2) and beyond (3) that Armstrong's limitation on courts' traditional [...]

Introduction Williams v. Philadelphia (1) is a critically important and persuasive state and local taxation case. Seven judges of the appellate court rule on the legality of the cutting-edge idea [...]

I. Introduction Verified income tax prepayment credits can become a non-rebate refund error when the taxing authority fails to timely and properly assail the validity of same. The courts characterize [...]

I A SELECT GROUP: HOW MANY CAN PLAY The term 'select group' for purposes of a 'top hat' plan under the Employee Retirement Income Security Act of 1974, as amended [...]

Nonqualified deferred compensation plans are almost always intended to be 'top hat' plans and benefit from the rules that apply to those who would wear them. But, not everything is [...]

Nonqualified deferred compensation plans are almost always intended to be 'top hat' plans and benefit from the rules that apply to those who would wear them. But, not everything is [...]

ABSTRACT State securities laws-in particular, state laws requiring that securities offered by issuers be registered with the states-have been an impediment to the efficient movement of capital to its highest [...]

Providers want to maintain state-level liability wins, and McConnell seems sympathetic. 'Now I say to our members of the state Legislature, we're not trying to rewrite state tort laws here, [...]

Note to Reader: The FTC's Rule review in Spring 2019 stimulated the idea for this article, which I finished long before COVID-19 upended our lives. This brief prologue is being penned in mid-April 2020 when a novel virus has forced all constituencies, from governments and businesses to individuals, to reorganize their priorities. Although the subject of this article--federal preemption of state franchise sales laws--is not a government priority in this moment, the COVID crisis exposes the pressing need for a unitary franchise sales law in the United States. In the coming year, franchisors should brace themselves for potentially inconsistent registration state policies towards COVID-19 disclosures and treatment of financial performance representations based exclusively on pre-COVID-19 data, undercapitalization assessments, and post-effective amendment filings to reflect COVID-19 induced material changes. Furthermore, the other side of COVID-19 will find government agencies pressed to prioritize their shrunken tax revenue to maximize the efficiency of public regulation. If ever a need existed for the goals advanced in this article--unifying franchise sales laws and achieving regulatory economy and efficiency--it is now., Introduction Congress mandates that all federal agencies review their rules periodically and invite the public to comment on whether there is a continued need for them. (1) It is for [...]

On March 1, 2016, the US Supreme Court held that a Vermont law requiring detailed reporting of health data could not be applied to self-funded plans subject to ERISA. In [...]

I. INTRODUCTION Concerned that their citizens are failing to adequately save for retirement, more and more states have been exploring ways in which states themselves can help to fill the [...]

The Employee Retirement Income Security Act (ERISA), (1) enacted in 1974, 'is a comprehensive statute designed to promote the interests of employees and their beneficiaries in employee benefit plans.' (2) [...]

'I sell here, sir, what all the world desires to have--power.' (1) --James Boulton (co-inventor of steam engine), England, 1776 I. IN THE WIND Wind is the dominant form of [...]

ENERGY LAW--STATE--LOCAL PREEMPTION--TEXAS ASSERTS EXCLUSIVE STATE-LEVEL JURISDICTION TO REGULATE OIL AND GAS OPERATIONS.--H.B. 40, 84th Leg., Reg. Sess. (Tex. 2015). Hydraulic fracturing has enabled energy producers to access vast quantities [...]

Just four months after President Barack H. Obama assumed the presidency on January 20, 2009, he issued a memorandum setting an important preemption policy for his Administration, www.whitehouse.gov/the_press_ office/Presidential-Memorandum-Regarding-Preemption. The [...]

At the time of its enactment nearly forty years ago, the Toxic Substances Control Act (TSCA) represented the cutting edge of environmental legislation. The new statute offered compelling, cross-media and [...]

Is it a non sequitur, an oxymoron, a practical joke, or a communist plot? Can government--state government no less--develop and offer a low-cost retirement program for the 67 million private sector employees lacking access to a company retirement plan? Absolutely--unless the feds get in the way. Almost half of the states are currently developing retirement programs for the uncovered workers within their borders. What the programs have in common is that they are being designed as no-cost to employers and taxpayers, low-cost to participants, voluntary for employees, and simple. But each state will likely take a different approach, and these differences will function as a competitive laboratory for finding the most effective alternatives. What follows is a white paper I wrote for the Georgetown University McCourt School of Public Policy Center for Retirement Initiatives on how federal laws apply to the plan design options being considered in the various state capitals. I gratefully thank and acknowledge the contributions and wisdom of Kathleen Kennedy Townsend, the founder of the Center, and Angela Antonelli, its executive director, in researching and writing this paper., INTRODUCTION Americans are facing a retirement crisis. What used to be a three-legged stool for retirement--Social Security, company retirement benefits, and personal savings--has become unstable for too many because most [...]

III. THE 'CONTINGENT CONCESSIONS' FOR MODERN GOVERNMENT This Part provides a stylized account of how the Framers' structural strategies of separation of powers and federalism have been repackaged to accommodate [...]

INTRODUCTION I. ADMINISTRATIVE PREEMPTION DOCTRINE A. Taxonomy of Statutory Preemption B. Taxonomy of Administrative Preemption 1. Defining the Space 2. The Doctrine II. THE PARADOX-HYPOTHESIS A. The Original Structure B. [...]

UNDER Mensing and Bartlett, state law generic drug product liability claims sounding in failure to warn are currently preempted. Simply put, because generic drug manufacturers cannot simultaneously comply with federal [...]

TABLE OF CONTENTS I. INTRODUCTION II. BACKGROUND A. Circuits to Packets: The IP Transition's Technology Change, and the Reasons It Is Needed B. Telecommunications Regulation: A Brief History C. Growing [...]

Mr. Roeder would like to thank Thomas Gipson, an associate at Roeder Law Offices LLC and a recent graduate of the University of Illinois College of Law, for his assistance [...]

Sensibly and predictably, the US Supreme Court ruled that a self-insured ERISA health plan cannot be compelled by a state to provide claims data. In Gobeille v. Liberty Mutual Ins. [...]

In Merck Sharp Et Dohme Corp. v. Albrecht, the U.S. Supreme Court clarified how to--and who should--decide whether state and federal law conflict when drug manufacturers introduce the 'impossibility preemption' [...]