Florida Law Review
In the Winter of 1996, the Harvard Journal on Legislation published an article entitled in part, The Last Article About the Language of ERISA Preemption?' Absent the question mark, one might have thought it a bold (and hopefully accurate) statement. Yet, as the question mark suggests, no scholar has been able to provide the definitive answer regarding the scope of ERISA preemption.
Stephen F. Befort and Christopher J. Kopka, The Sounds of Silence: The Libertarian Ethos of ERISA Preemption, 52 Fla. L. Rev. 1 (2000), available at http://scholarship.law.umn.edu/faculty_articles/387.