Book and Book Supplement
Pension and Employee Benefit Law (with John Langbein and Bruce
Wolk), Foundation Press 4th Edition (2006) (and 4th edition
Teacher's Manual)
ERISA Litigation (with Jayne Zanglein), Bureau of National
Affairs 2d edition (2005)
ERISA Litigation (with Jayne Zanglein), Bureau of National
Affiars, 2004 Supplement
(2004)
ERISA Litigation (with Jayne Zanglein), Bureau of National
Affairs (2003)
401(k) Special Supplement: Lessons From Enron, Panel Publishers
(2002)
Law Review Articles
Can Secular Feminists and Catholic Feminists Work Together to
Ease the Conflict Between Work and Family, University of St.
Thomas Law Journal (Forthcoming 2007) (Symposium)
When Conscience Clashes With State Law and Policy: Catholic
Institutions, St. John's Journal of Catholic Legal Studies
(Forthcoming 2007)
Is It Time to Admit the Failure of an Employer-Based Pension
System?, Lewis & Clark Law Review (Forthcoming Summer 2007)
(Symposium)
"Poor" Coverage: The Preferential Option for the Poor and Access
to Health Care, Villanova Journal of Catholic Social
Thought (Forthcoming 2007) (Symposium)
State Health Care Initiatives, 19 St. Thomas Law Review 87
(2006) (Symposium)
John Courtney Murray and the Abortion Debate, 4 Villanova
Journal of Catholic Social Thought 87 (2007) (Symposium)
Catholic Legal Theory, 44 St. John's Journal of Catholic Legal
Studies 421 (2005)
A Catholic Vision of the Corporation, 4 Seattle Journal for
Social Justice 181 (2005)
State Attempts to Define Religion: The Ramifications of Applying
Mandatory Prescription Contraceptive Coverage Statutes to Religious
Employers, 28 Harvard Journal of Law and Public Policy 741
(2005)
Subsidiarity and the Use of Faith-Based Organizations in the
Fight Against Poverty, 2 Villanova Journal of Catholic Social
Thought 313 (2005) (Symposium)
Using Religion to Promote Corporate Responsibility, 39 Wake
Forest Law Review 839 (Winter/December 2004)
I Believed My Employer and Didn't Sell My Company Stock: Is
There an ERISA (or '34 Act) Remedy for Me?, 36 Connecticut Law
Review 385 (2004)
Religious Employers and Statutory Prescription Contraceptive
Mandates, 43 The Catholic Lawyer 169 (2004)
Sarbanes-Oxley's Rules of Professional Responsibility Viewed
Through Sextonian Lens, 60 NYU Annual Survey of American
Law 31 (2004)
The Behavior of Defined Contribution Plan Participants, 77 New
York University Law Review 71 (2002) (Symposium)
Freedom to Choose Unwisely: Congress' Misguided Decision to
Leave 401(k) Plan Participants to Their Own Devices, 11 Cornell
Journal of Law and Public Policy 361 (2002)
One for A, Two for B and Four Hundred for C: The Widening Gap in
Pay Between Executives and Rank and File Workers, 36 University of
Michigan Journal of Law Reform 115 (2002)
The Use of Personality Tests as a Hiring Tool: Do the Benefits
Outweigh the Costs?, 4 University of Pennsylvania Journal of Labor
and Employment Law 279 (2002)
Enron, Global Crossing and Beyond: Implications for Workers, 76
St. John's University Law Review 815 (2002) (Symposium)
Another Look at 401(k) Plan Investments in Employer Securities,
35 John Marshall Law Review 539 (2002) (Symposium)
Paternalism Isn't Always A Dirty Word: Can the Law Better
Protect Defined Contribution Plan Participants, 5 Employee Rights
and Employment Policy Journal 491 (2001)
Breach of ERISA Fiduciary Responsibilities: Who's Liable Anyway?
5 Employee Rights and Employment Policy Journal 135 (2001)
My Executive Makes More Than Your Executive: Rationalizing
Executive Pay in a Global Economy, 14 New York International Law
Review 63 (2001)
Viewing Corporate Executive Compensation Through a Partnership
Lens: Does Compensation Reflect an Owner-Manager Agreement on
Dividing the Corporate Pie? 35 Wake Forest Law Review 153
(Symposium) (2000)
Motivating Executives: Does Performance-Based Compensation
Positively Affect Managerial Performance? 2 University of
Pennsylvania Journal of Labor and Employment Law 227 (1999)
Pension Plan Investments in Employer Securities: More is Not
Always Better 15 Yale Journal on Regulation 61 (1998)
Is There a Role for Tax Law in Policing Executive Compensation?
72 St. John's Law Review 81 (1998)
The Role of Congressional Intent in Deciding When Private Rights
of Action Should be Implied From Federal Statutes, 71 Notre Dame
Law Review 861 (1996)
Preemption of State Law by Federal Law: A Task for Congress or
the Courts? 40 Villanova L. Rev. (1995)
Protecting Retiree Medical Benefits in Bankruptcy: The Scope of
Section 1114 of the Bankruptcy Code, 14 Cardozo L. Rev. 1911
(1993)
Tort Remedies for Servicemen Injured by Military Equipment: A
Case for Federal Common Law, 55 N.Y.U.L. Rev. 601 (1980)
Book Chapters
Pensions: Retirement Security in a Post-Enron World, in P.T.
Beatty & R.M.S. Visser (eds.), Thriving on an Aging
Workforce: Strategies for Organizational and Systemic
Change (Krieger 2005)
Is an ERISA Welfare Plan Involved? (with Jayne Zanglein),
published as Chapter 10 in New York University Review of Employee
Benefits and Executive Compensation (LexisNexis 2002)
Pension Plan Investments (with Jayne Zanglein), published as
Chapter 11 in New York University Review of Employee Benefits and
Executive Compensation (LexisNexis 2002)
Book Review
Book Review, Review of William B. Gould IV, Labored Relations:
Law, Politics and the NLRB, 14 Review of Political Economy 130
(2002)
Testimony
Witness, United States Senate Governmental Affairs Committee
Hearing on Retirement Insecurity: 401(k) Crisis at Enron, February
5, 2002 http://www.senate.gov/~gov_affairs/020502stabile.htm
Other Publications
CST 101: Basic Principles of Catholic Social Thought, Review of
Business (Forthcoming 2006)
Administering 401(k) Plans with Employer Stock Funds: Lessons
from Enron, 6 Perspectives on Work (IRRA) 28 (2002)
Health Care Plan Litigation, 3 Employee Rights Quarterly 13
(December 2002)
Zero Tolerance Omits Forgiveness, Newsday, May 8, 2002, at p.
A31, 32
Insurance Company Developments: More on Harris Trust v. John
Hancock, in Practising Law Institute: Pension Plan Investments;
Confronting Today's Issues, 492 PLI/Tax 519 (May 2001)
ERISA's Failure to Adequately Protect Defined-Contribution-Plan
Participants, Proceedings of the 53rd Annual Meeting of the
Industrial Relations Research Association 204 (2001)
Limited Liability Companies: The Perfect Business Form?, 46
Nassau Lawyer 1 (Mar. 1998)
Mortgage Brokers Receiving Premium Pricing: Whose Agent is He
Anyway? 25 New York Real Property Law Journal 47 (1997)
Beyond Varity v. Howe: What Will the Fallout Be?, in Practising
Law Institute: Pension Plan Investments: ERISA Litigation, 397
PLI/Tax 859 (May 1997)
The Employer as Fiduciary: Settlor v. Fiduciary Functions, in
Practising Law Institute: Pension Plan Investments, 381 PLI/Tax 153
(May 1996)
Symposium: AIDs, Insurance and the ADA (Introductory Remarks),
10 St. John's L. Leg. Comm. 533 (1995)
Fiduciary Standards (with Jeff Fahs), in Practising Law
Institute: Pension Plan Investments, 366 PLI/Tax 43 (Apr.-May
1995)
Symposium: 20 Years After ERISA (Concluding Remarks), 68 S.
John's Law Review 481 (1994)
Selected Issues Respecting Stock Based Compensation Schemes
(with Arthur H. Kohn, A. Richard Susko and Alan S. Wilmit), in
Practising Law Institute: 24th Annual Institute on Securities
Regulation, 792 PLI/Corp. 681 (Nov. 1992)