The Confrontation of Federal Preemption and State Right-to-Work Laws

ERISA preemption of state mandated-provider laws.

The Employee Retirement Income Security Act of 19741 ("ERISA" or "the Act") is a comprehensive federal statute which imposes minimum standards on employee benefit plans. To prevent conflicting state regulation, ERISA preempts state laws which "relate to" these plans. 2 ERISA's preemption, however, is not complete. Consistent with the federal policy embodied in the McCarran-Ferguson Act 3 of lea...

Modifying the Black-Scholes model to valuate preemption right

In this paper, we try and valuate preemption rights by modifying the Black-Scholes model, which is widely used to valuate options and other derivatives. Here we first present the basics of the Black-Scholes model and then we discus modification of the model to be fit for preemption right valuation. At the end, we valuate four of the preemptive rights using the proposed model

Federal preemption of state regulation over air ambulances.

Right-to-Work Laws: Liberty, Prosperity, and Quality of Life

The most essential ingredient embodied in the liberty championed by the classical liberal writers of the Enlightenment and beyond is individual choice and right of expression—the right of persons to say what they think, decide for themselves what groups that want to join, what religion that want to profess, what person they want to marry, what goods they want to buy or sell, and what persons th...

Right-to-Work Laws and Fatalities in Construction