Does the federal Family and Medical Leave Act of 1993 create a hole in ERISA preemption?

ERISA's board preemption provision has survived many challenges to its scope and effect. Now it may have succumbed in the face of a few statements tucked into the legislative history of the federal Family and Medical Leave Act (FMLA). Language in the legislative history presents the view that the Act was meant to overturn ERISA preemption of state family and medical leave laws. The text of the FMLA contains no corroborating language to support that view. However, at least one court found the statements in the legislative history to be persuasive and ruled that under the FMLA, ERISA does not preempt state family and medical leave laws that regulate ERISA plans. If other courts follow that decision, there will be great implications to employee benefit plan regulation and administration. This article explores the court's decision and the relationship between the FMLA and ERISA preemption.     

Repeated postevent questioning can lead to elevated levels of eyewitness confidence

Two experiments tested the proposition that postevent questioning can lead to later increases in witness confidence without corresponding changes in witness accuracy. After a staged interruption in a college classroom, participants were questioned about the event 5 times over 5 weeks in Experiment 1 (n=57) and 3 times over 5 days in Experiment 2 (n=79). During the final questioning session, the participant-witnesses consistently reported higher levels of confidence for those items that had been subject to repeated postevent questioning than for those items that were asked for the first time, yet there was no difference in the accuracy of the responses to the two sets of items. Additionally, in all conditions the participant-witnesses were generally overconfident in their responses. These results suggest that repeated postevent questioning can cause eyewitnesses' subsequent confidence estimates to be artificially inflated.     

Book reviews

Robert Service, Lenin: A Political Life. Vol. 3: The Iron Ring. Basingstoke and London: Macmillan, 1995, xxi + 393 pp., £45.00.

Stephen Kotkin, Magnetic Mountain: Stalinism as a Civilization. London: University of California Press, 1995, xxv + 639 pp., £45.00.

Yilmaz Akyüz, Detlef Kotte, Andràs Köves & László Szamuely (eds), Privatization in the Transition Process. Recent Experiences in Eastern Europe. Geneva: United Nations, 1994, x + 418 pp.

Jerzy Hausner, Bob Jessop & Klaus Nielsen (eds), Strategic Choice and Path‐dependency in Post‐Socialism. Cheltenham, Edward Elgar, 1995, xiii + 330 pp. £49.95.

Wladimir Andreff (ed.), Le Secteur Public à I'Est. Restmcturation Industrielle et Financière. Paris: L'Harmattan, Collection ‘Pays de I'Est’, 1995, 238 pp.

Jonathan Klavens & Anthony Zamparutti, Foreign Direct Investments and Environment in Central and Eastern Europe: A Survey. Washington DC: The World Bank, 1995. x + 44 pp., $7.95.

Valdas Samonis, Foreign Investment in the East. New York: Nova Science Publishers, Inc., 1995, 77 pp., £22.50.

Taras Kuzio, Ukrainian Security Policy. Washington DC: Praeger, 1995, xiv + 168 pp., £13.50.

Anssi Paasi, Territories, Boundaries and Consciousness: The Changing Geographies of the Finnish‐Russian Border. Chichester: John Wiley, 1996. xxi + 353 pp., £45.00.

Tuomo Polvinen, Imperial Borderland, Bobrikov and the Attempted Russification of Finland, 1898–1904. London: Hurst, 1995, x + 342 pp. £32.50.

Hugh Poulton, Who are the Macedonians? London: Hurst, 1995, xvii + 218 pp., £12.50.

Jacob M. Landau, Pan‐Turkism. From Irredentism to Cooperation. London: Hurst, 1995, viii + 275 pp., £14.95.

Kenneth Lieberthal, Governing China: From Revolution through Reform. New York: W. W. Norton and Company Inc., 1995, xxii + 498 pp., £22.00.

Robert Benewick & Paul Wingrove (eds), China in the 1990s., Basingstoke: Macmillan, 1995, x + 272 pp., £11.99.

A. James Gregor, Marxism, China and Development. New Brunswick: Transaction Books, 1995, xi + 283 pp., £34.95.

David G. Marr, Vietnam 1945: The Quest for Power. Berkeley, Los Angeles, London: University of California Press, 1995, xxviii + 602 pp., $50.00.

Janet W. Salaff, Working Daughters of Hong Kong: Filial Piety or Power in the Family. New York: Columbia University Press, 1995, xxxvi + 317 pp., $17.50.

Irene Bloom (ed.), Knowledge Painfully Acquired. New York: Columbia University Press, 1996, ix + 226 pp., £14.95.

Walter Laqueur, The Dream that Failed: Reflections on the Soviet Union. Oxford: Oxford University Press, 1994, ix + 231 pp., £18.99.

David Iosifovich Ortenberg. Stalin, Shcherbakov, Mekhlis, i drugie. Moscow: MP ‘Kodeks’, Ob"edinennaya redaktsiya MVD Rossii, 1995, 208 pp.

Lewis H. Siegelbaum & Ronald Grigor Suny (eds), Making Workers Soviet: Power, Class and Identity. Ithaca: Cornell University Press, 1994, xiii + 399 pp., £41.50 h/b, £16.50 p/b.

Walter S. Dunn, Jr, The Soviet Economy and the Red Army, 1930–1945. Westport, CT: Praeger, 1995, ix + 256 pp., £53.95.

A. J. Heywood & I. D. C. Button, Russian Locomotive Types, The Union Legacy. Malmo: Frank Stenvalls Forlag, 1995, vi + 175 pp. Obtainable in UK from Luddenden Press, 19 Goitside, Booth, Halifax HX2 6SY, £14.45.

George Orwell, Animal Farm. London: Seeker and Warburg 1995, 180 pp.     

Life histories of single parents and illegitimate infants in nineteenth-century Sweden.

"This essay presents tentative findings for the Sundsvall area of Sweden, which is being studied in a recent project on the decline of infant and childhood mortality in the Nordic countries. The focus is on the complete reproductive histories of single mothers and the life expectancies among infants born to women who at least once in their reproductive life history experienced the birth of an illegitimate child. In Sundsvall, industrialization only temporarily affected the illegitimacy ratio, but its effect was obvious even in agrarian parishes. The number of illegitimate children per woman remained relatively stable over time, with the exception of the town of Sundsvall. It was more common in the urban environment to give birth to several illegitimate children. Mortality was also higher among these infants, but the negative effects can be seen equally among both legitimate and illegitimate children."     

Coming soon to the "genetic supermarket" near you

Recent medical studies have indicated that synthesized human growth hormone (hGH) may cosmetically enhance short, but otherwise perfectly healthy, individuals by adding inches to their final predicted height. In this note, Curtis Kin examines the legal and ethical implications of such a discovery, arguing that nontherapeutic hGH treatment is likely the first of many biotechnology and gene therapy enhancements that may be available to the public in a "genetic supermarket" of enhancement products. Mr. Kin finds that the current regulatory framework for biotechnology and gene therapy inadequately regulates unapproved uses of hGH and fails to address properly its implications for a genetic "race to perfection." He proposes changes to the current regulatory framework that will enforce a strict distinction between therapeutic and enhancement applications of biotechnology and gene therapy. These changes in the law, Mr. Kin reasons, will help to solve the social and ethical problems posed by these emerging developments in technology.