Firms may underinvest in local environmental protection even from the private viewpoint of its owners and employees, but works councils may help mitigate this problem. We show that increases in environmental investments when councils are present could be employee-led, firm-led, or jointly-led....

Firms may underinvest in local environmental protection even from the private viewpoint of its owners and employees, but works councils may help mitigate this problem. We show that increases in environmental investments when councils are present could be employee-led, firm-led, or jointly-led....

This Article argues that federal health care reform may induce employers to redesign their health plans so that low-risk employees retain employer-sponsored insurance (“ESI”) but high-risk employees opt out of ESI in favor of insurance available on the individual market. It shows that such a...

Privatization of public law dispute resolution in workplaces has been under intense scrutiny in the context of arbitration. Another kind of workplace dispute privatization is presently underway, or under serious consideration, in several states. In connection with state workers' compensation...

The Federal Circuits have generally held that ERISA prohibits waivers of claims to vested pension benefits. The D.C. Circuit prohibits waivers of vesting rights. The Seventh Circuit prohibits waivers of vested pension benefits, but allows individuals to settle non-pension disputes by choosing...

In Metropolitan Life v. Drainville, 2009 U.S. Dist. LEXIS 63613 (DC R.I. July 23, 2009), a federal district court in Rhode Island recently explained the requirements that a domestic relations order ("DRO") must satisfy to be a qualified domestic relation order (“QDRO”). The court held an...

In the Affordable Care Act (ACA), Congress assumed that the private insurance sector will continue to underwrite health risks for most of the non-elderly population. But nothing requires private insurers to continue to do so. To the contrary, the burdensome nature of the ACA's provisions is...

In Kennedy v. DuPont Savings and Investment Plan (the quot;DuPont Planquot;), 2009 U.S. LEXIS 869 (January 26, 2009) the Supreme Court appeared to proclaim a quot;bright-line rulequot; that plan documents determine ERISA plan distributions. However, the Court blurred the bright-line rules...

In Kennedy v. DuPont Savings and Investment Plan (the quot;DuPont Planquot;), 2009 U.S. LEXIS 869 (January 26, 2009), the Supreme Court decided that if a voluntary disclaimer in a domestic relations order (quot;DROquot;) by the divorcing spouse of an ERISA pension plan participant did not comply...

Firms may underinvest in local environmental protection even from the private viewpoint of its owners and employees, but works councils may help mitigate this problem. We show that increases in environmental investments when councils are present could be employee-led, firm-led, or jointly-led....