Employees who receive health benefits through ERISA self-insured plans need protection when self-insured plans fail. Because of the breadth of ERISA preemption, states have been unable to assess ERISA self-insured plans for contribution to state insurance guaranty funds, and thus have been...

It can be useful to think of law as a standard, around which we construct parameters of acceptable deviance (PADs). Behavior that occurs within PADs usually is not sanctioned, despite its illegality; behavior that occurs outside PADs is often sanctioned, regardless of its legality. This article...