What is an employer benefit plan? ERISA preemption of "any willing provider" law after Pegram

Article Abstract:

The author discusses the possible effect of the US Supreme Court's decision in Pegram v. Herdrich on the broad state law preemption provision of the Employee Retirement Income Security Act. State laws governing the relationship between managed care organizations and health care providers are examined.

Managed care plans (Medical care), Exclusive and concurrent legislative powers, Preemption (Legislative power)

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Peonage and contractual liberty

Article Abstract:

The author analyzes two Progressive Era cases in which the Supreme Court struck down laws that in effect extracted labor from blacks under the threat of criminal sanction. Topics include the freedom of contract theory and its use by the Court in the context of the 13th Amendment.

Cases, Liberty of contract, Freedom of contract, Peonage

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Fulfilling the bargain: How the science of ergonomics can inform the laws of workers' compensation

Article Abstract:

The author examines the legal treatment of cumulative trauma disorders under state workers' compensation law. The use of the science of ergonomics by workers' compensation judges to infer that a CTD injury is work-related, and therefore compensable, is encouraged.

Ergonomics, Workers' compensation

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