To preempt or not to preempt: will the Supreme Court do some serious bushhogging through the preemption thicket?

Article Abstract:

The US Supreme Court should harmonize ERISA preemption cases by discarding the 'relates to' test and creating a new standard to distinguish between preempted and cost-of-doing-business cases. The court had an opportunity to do this in their 1997-1998 term, with three cases on preemption before them, but the justices maintained their inconsistent case-by-case approach. Some justices believe harmonization can be achieved by reconciling preemption cases, others believe the 'relates to' test must be discarded and the Court should start afresh.

Analysis, Beliefs, opinions and attitudes, Exclusive and concurrent legislative powers, Preemption (Legislative power), United States. Supreme Court

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Building signposts for the future: pension fund investment strategy, socially responsible investing, and ERISA

Article Abstract:

Congress should provide a framework for permissible 'socially responsible investment' in ERISA qualified plans and provide ERISA trustees with investment guidance and scope of disclosure rules. ERISA's prudent man rule can be satisfied with socially responsible investments which have proved to produce competitive economic returns in addition to their social benefit. Pension funds' long term investment strategies and combined economic power make them particularly appropriate socially responsible investors.

Socially responsible investments

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