It is increasingly apparent that the scope of ERISA preemption needs to be curtailed to allow states to continue their traditional role as the regulators of health care. On October 6, 2020, the US ...

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 ...

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 ...

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 ...

Article VI: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, ...