A Regulatory Vacuum Leaves Gaping Wounds-Can Common Sense Offer a Better Way to Address the Pain of ERISA Remedial Law

Authors

Andrew L. Oringer

Abstract

The article provides an extensive look at the subject of preemption across the benefits spectrum. It addresses the question of whether there are gaps in ERISA relating to causes of action and remedies available to participants and beneficiaries that should be filled by the courts. Alvin Lurie notes, The age-old debate of strict construction versus judicial activism that has raged in so many sectors of the law in this country is now being replayed in this arena. [Reading Oringer's] article . . . on the 'pain of ERISA preemption' is compulsory of anyone wanting to engage in that debate or merely to be informed without engagement.

Recommended Citation

Oringer, Andrew L. (2009) "A Regulatory Vacuum Leaves Gaping Wounds-Can Common Sense Offer a Better Way to Address the Pain of ERISA Remedial Law," Hofstra Labor & Employment Law Journal: Vol. 26: Iss. 2, Article 7.
Available at: https://scholarlycommons.law.hofstra.edu/hlelj/vol26/iss2/7