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The Effects of 401(k) Vesting Schedules—in Numbers

In 2022, over 1.87 million Americans ceased employment before satisfying their employer’s 401(k) plan vesting schedule, causing them to forfeit nonvested employer contributions. This Essay uses data to demonstrate the effects of using vesting schedules and highlights companies who had the most affected workers or amassed significant forfeitures in 2022.

27 Sep 2024
401(k) PlansRetirement Plans

Tribute

The Education Justice

author. Robert R. Slaughter Professor of Law, Yale Law School; Law Clerk for Justice Sandra Day O’Connor, 2006-07.


In June 2007—as my year with Justice O’Connor began drawing to a close—she stopped by my office for a friendly chat late one afternoon. Rather than physically knocking, she playfully intoned the

01 Jul 2024

Introduction

Introduction to the Special Issue on State and Local Governance

Many are well-acquainted with Justice Brandeis’s metaphor that states serve as laboratories of democracy. While dicta in the 1932 decision, New State Ice Co. v. Liebmann,1 Brandeis’s words have taken hold in legal scholarship and subsequent jurisprudence for nearly a century since. However, what is often left out

30 Jun 2024

Tribute

Lessons from My Mentor, Justice Sandra Day O’Connor

author. Circuit Judge, United States Court of Appeals for the Ninth Circuit; Law Clerk for Justice Sandra Day O’Connor, 2001-02. I thank my law clerks Rianna Hidalgo and Becca Hansen for their helpful edits to drafts of this tribute.


I had the great fortune to clerk for Justice O’Connor in

30 Jun 2024

Article

The Glaring Gap in Tort Theory

The glaring gap in tort theory is its failure to take adequate account of liability insurance. We explain how to begin filling the gap in tort theory that results from omitting consideration of liability insurance, showing how liability insurance can appropriately figure in both deontic and consequentialist theories of tort.

31 May 2024
Torts

Feature

The Past and Future of Universal Vacatur

Universal vacatur is a legitimate part of administrative law’s remedial scheme, not a judicial invention. This Feature traces universal vacatur from the pre-APA period through Abbott Labs. It also juxtaposes the case against universal vacatur with the new major questions doctrine, showing that both centralize power in the Supreme Court.

31 May 2024
Federal CourtsAdministrative Law


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