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Retirement Security Law Commons

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2005

Discipline
Institution
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Publication
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Articles 1 - 14 of 14

Full-Text Articles in Retirement Security Law

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Reforming Retirement Systems: Why The French Have Succeeded When Americans Have Not, Kathryn L. Moore Jul 2005

Reforming Retirement Systems: Why The French Have Succeeded When Americans Have Not, Kathryn L. Moore

Law Faculty Scholarly Articles

In order to understand why the American Social Security system has been so resistant to change while the retirement systems in other countries have been amended, this Article analyzes why one country, France, was able to reform its retirement system significantly in 2003. The Article begins by briefly describing the French retirement system prior to 2003. It then provides an overview of the most significant changes wrought by the reform enacted in 2003. It then analyses why, after years of inaction and failed attempts to reform the French retirement system, the government succeeded in reforming the retirement system in 2003 ...


Who Should Pay Social Security's $4 Trillion Debt?, Jonathan B. Forman May 2005

Who Should Pay Social Security's $4 Trillion Debt?, Jonathan B. Forman

Jonathan B. Forman

No abstract provided.


Pension And Employee Benefit Law—Employee Retirement Income Security Act—An Owner-Employee Can Qualify As A "Participant" In An Erisa Pension Plan Sponsored By His Corporation, As Long As The Plan Covers One Or More Non-Owner Employees. Yates V. Hendon, 541 U.S. 1 (2004), Quentin May Apr 2005

Pension And Employee Benefit Law—Employee Retirement Income Security Act—An Owner-Employee Can Qualify As A "Participant" In An Erisa Pension Plan Sponsored By His Corporation, As Long As The Plan Covers One Or More Non-Owner Employees. Yates V. Hendon, 541 U.S. 1 (2004), Quentin May

University of Arkansas at Little Rock Law Review

No abstract provided.


Social Security, Generational Justice, And Long-Term Deficits, Neil H. Buchanan Mar 2005

Social Security, Generational Justice, And Long-Term Deficits, Neil H. Buchanan

Rutgers Law School (Newark) Faculty Papers

This paper assesses current methods for evaluating the long-term viability and desirability of government activities, especially Social Security and other big-ticket budget items. I reach four conclusions: (1) There are several simple ways to improve the current debate about fiscal policy by adjusting our crude deficit measures, improvements which ought not to be controversial, (2) Separately measuring Social Security’s long-term balance is inappropriate and misleading, (3) The methods available to measure very long-term government financing (Fiscal Gaps and their cousins, Generational Accounts) are of very limited value in setting public policy today, principally because there is no reliable baseline ...


Retaining Life Tenure: The Case For A “Golden Parachute”, David R. Stras, Ryan W. Scott Jan 2005

Retaining Life Tenure: The Case For A “Golden Parachute”, David R. Stras, Ryan W. Scott

Washington University Law Review

The first vacancies on the Supreme Court in eleven years have sparked renewed debate about the continued viability of life tenure for federal judges. Scholars have decried life tenure as one of the Framers' worst blunders, pointing to issues such as strategic retirement, longer average tenure, and widespread mental infirmity of Justices. In this Article, the authors argue that, notwithstanding the serious problem of mental and physical infirmity on the Court, life tenure should be retained. They also argue that recent statutory proposals to eliminate or undermine life tenure, for example through a mandatory retirement age or term limits, are ...


Discretionary Language, Conflicts Of Interest, And Standard Of Review For Erisa Disability Plans, Peter A. Meyers Jan 2005

Discretionary Language, Conflicts Of Interest, And Standard Of Review For Erisa Disability Plans, Peter A. Meyers

Seattle University Law Review

This article introduces the reader to disability insurance in Part II. Part III examines how ERISA is a mixture of different law and how that mixture led to discretionary clauses being inserted and the re- suiting severe conflicts of interest. Part IV looks at <em>Firestone Tire & Rubber Co. v. Bruch</em>, the seminal ERISA case on conflicts of interest. Part V examines the contributions that the Ninth Circuit has made to ERISA conflict of interest law. Part VI discusses scope of review and discovery and Part VII concludes that insurers should be strictly regulated in ERISA plans.


Section 409a-Treasury "Newspeak" Lost In The "Briar Patch", 38 J. Marshall L. Rev. 743 (2005), Richard Ehrhart Jan 2005

Section 409a-Treasury "Newspeak" Lost In The "Briar Patch", 38 J. Marshall L. Rev. 743 (2005), Richard Ehrhart

The John Marshall Law Review

No abstract provided.


Don't Ask, Don't Tell, Don't Work: The Discriminatory Effect Of Veterans' Preferences On Homosexuals, 38 J. Marshall L. Rev. 1083 (2005), Louis J. Virelli Iii Jan 2005

Don't Ask, Don't Tell, Don't Work: The Discriminatory Effect Of Veterans' Preferences On Homosexuals, 38 J. Marshall L. Rev. 1083 (2005), Louis J. Virelli Iii

The John Marshall Law Review

No abstract provided.


When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer Jan 2005

When Are Releases Of Claims For Erisa Plan Benefits Effective?, 38 J. Marshall L. Rev. 773 (2005), Albert Feuer

The John Marshall Law Review

No abstract provided.


Erisa: State Regulation Of Insured Plans After Davila, 38 J. Marshall. L. Rev. 693 (2005), Donald T. Bogan Jan 2005

Erisa: State Regulation Of Insured Plans After Davila, 38 J. Marshall. L. Rev. 693 (2005), Donald T. Bogan

The John Marshall Law Review

No abstract provided.


"Who's The Boss?": An Analytical And Practical Approach To Determine The "Employer" In A Defined Contribution Qualified Retirement Plan, 38 J. Marshall L. Rev. 1011 (2005), Megan Mccoy Jan 2005

"Who's The Boss?": An Analytical And Practical Approach To Determine The "Employer" In A Defined Contribution Qualified Retirement Plan, 38 J. Marshall L. Rev. 1011 (2005), Megan Mccoy

The John Marshall Law Review

No abstract provided.


Follow The Money: Erisa Plan Investments In Mutual Funds And Insurance, 38 J. Marshall L. Rev. 867 (2005), Nell Hennessy Jan 2005

Follow The Money: Erisa Plan Investments In Mutual Funds And Insurance, 38 J. Marshall L. Rev. 867 (2005), Nell Hennessy

The John Marshall Law Review

No abstract provided.


Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine Jan 2005

Erisa Stock Drop Cases: An Evolving Standard, 38 J. Marshall L. Rev. 889 (2005), Craig C. Martin, Elizabeth L. Fine

The John Marshall Law Review

No abstract provided.