The federal Employee Retirement Income Security Act (ERISA) of 1974 governs the administration of employee benefit plans and is noteworthy in that it includes an extremely broad preemption clause. The ...

As laboratories of democracy, local governments are incubators for innovative policies with the potential to improve health and reduce health inequities. Local policy change is often grounded in a ...

Everyone would like to be immune from lawsuits. Legislatures sometimes provide immunity in order to advance important social policy goals. For example, by providing health care professionals with ...

When the city council of Santa Fe, New Mexico, placed a measure on the local ballot to tax sugary drinks earlier this year, the soda industry responded quickly, pouring $1.3 million into the anti-tax ...

Forbes contributors publish independent expert analyses and insights. Roger Valdez writes about housing economics and policy. What can be done to protect the ability of private property owners to ...

In late October, the Supreme Court quietly declined to review Lipschultz v. Charter Advanced Services, an Eighth Circuit decision that preempted state regulation of fixed Voice-over-Internet-Protocol ...

Once-esoteric questions over the federal preemption of state law are now the subject of a prominent, politically charged debate. A year ago, we assembled a group of prominent legal scholars and ...

This article appears in the February 2024 issue of The American Prospect magazine. Subscribe here. There’s nothing historically novel about America’s politics dividing along urban vs. rural or ...

In 2019, the city council in Berkeley, California, held a stunning vote: it would ban natural gas hookups in all new building construction to reduce greenhouse gas emissions and the city’s impact on ...

Donley is the John E. Murray faculty scholar and associate professor of law at the University of Pittsburgh Law School Rebouché is the interim dean of Temple University's Beasley School of Law and the ...