Eliminating Arbitrary Age Discrimination in 401(K) and Pension Plan Eligibility Requirements: A Simple Fix to Encourage Younger Workers to Save for Retirement

Andrew J. Clopton*

49 U. Mich. J. L. Reform Caveat 16 (pdf)

Current federal law allows companies to exclude their youngest workers from participating in 401(k) and other pension plans. Public policy should encourage young workers to contribute to retirement as early as practicable, rather than impose obstacles to saving. Workers who begin saving even a few years earlier improve their retirement security and reduce the likelihood they will be dependent on the government later in life. While “age discrimination” is conventionally thought of as the mistreatment of older workers, this concept applies equally to employees who are differentiated based solely on their young age. Thus, Congress should amend the Internal Revenue Code to prohibit retirement savings discrimination on the basis of (young) age.

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Surviving Preemption in a World of Comprehensive Regulations

Kyle Anne Piasecki*

49 U. Mich. J. L. Reform Caveat 32 (pdf) 

The Clean Air Act imposes a federal regulatory regime on a number of sources of air pollution. It does not, however, provide a ready means of relief to individuals harmed by air polluters. Nevertheless, many courts have held that the Clean Air Act preempts state common law tort claims that do provide a means to such relief. The disparate benefits of the Clean Air Act and common law tort claims may indicate different purposes and make court-imposed preemption of common law tort claims improper. This Comment argues that the Savings Clause in the Clean Air Act and in parallel state statutes should be clarified so as to explicitly preserve an injured party’s ability to seek relief through state common law.

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MJLR Symposium on Immigration Reform will take place on February 7th

The Michigan Journal of Law Reform is excited to announce its 2015 Symposium, Immigration Reform at 50. The symposium will take place on Saturday, February 7th, 2015 at Michigan Law School in Ann Arbor, Michigan. The event will run through the day, from 8:30AM to 5:30PM. The Symposium will consist of four roundtable discussions on a wide array of topics relating to developments in immigration reform. A keynote speaker will present over lunch. All of the day’s events will take place in Room 1225 of Michigan Law School’s South Hall, which is located on Monroe Street between State and Oakland Streets in downtown Ann Arbor. We look forward to seeing you there!

For more information about the 2015 JLR Symposium, please contact Kate Aufses, Managing Symposium Editor of the Michigan Journal of Law Reform, at kwaufses@umich.edu, or visit the MJLR Symposium Website.

American passport

Volume 48, Issue 1 Fall 2014



Omri Marian
Reconciling Tax Law and Securities Regulation (PDF)

Hosea H. Harvey
Opening Schumer’s Box: The Empirical Foundations of Modern Consumer Finance Disclosure Law (PDF)

Saru M. Matambanadzo
The Fourth Trimester (PDF)

Terrance O’Reilly
A Public Pensions Bailout: Economics and Law (PDF)


Javier J. Castro
Employment Arbitration Reform: Preserving the Right to Class Proceedings in Workplace Disputes (PDF)

Michael J. Powers
Designing a Flexible World for the Many: “Essential Functions” and Title I of the Americans with Disabilities Act (PDF)