Rejecting the Touchstone:

Complete Preemption and Congressional Intent After Beneficial National Bank v. Anderson­

Author: Margaret Tarkington
Published: 59 S.C. L. Rev. 225 (2008)
In her article, Professor Tarkington explores the separation of powers, federalism, and efficiency problems created by the 2003 Supreme Court decision in Beneficial National Bank v. Anderson. The article then offers a new framework for determining complete preemption that would ameliorate these problems and ground complete preemption in congressional intent.