Maria O’Brien Hylton

Professor of Law

AB magna cum laude, Harvard University
JD, Yale University

Areas of Interest
Contracts, Employment Law, ERISA, Insurance Law
Contact
Biography

Noted employee benefits law and insurance law specialist Maria O’Brien Hylton began her teaching career at Boston University School of Law in 1988. She taught at De Paul University College of Law from 1989 until rejoining the Boston University faculty in 1995, and was a visiting professor at the University of Chicago Law School in 1993.

While in law school, Professor Hylton was editor of the Yale Law & Policy Review. After graduation, she served as a law clerk for Judge Gilbert S. Merritt of the US Court of Appeals for the Sixth Circuit, and then as an associate at the Boston law firm of Hale and Dorr. She has numerous publications to her credit, most recently articles about pension plan recoupment of over payments in the Kansas Law Journal and the effects of overruling Abood on public sector employees in the Connecticut Insurance Law Journal. She also is the co-author of Cases and Materials on Employee Benefits Law and Using Civil Remedies for Criminal Behavior: Rationale, Case Studies, and Constitutional Issues. Her most recent lectures include “Friedrichs and the Move Toward Private Ordering of Public Employee Wages and Benefits,” at the 5th Annual Employee Benefits Conference (2016), “Understanding the Moral Hazard of Public Pensions” at the Creighton Law Review Symposium in 2014 and “Employee Benefits in Turmoil” at the Law & Society meeting in 2012.

Professor Hylton teaches courses on employment law, ERISA, contracts, and insurance law. She has long been active in a number of professional organizations. She is a member of the American Law Institute (ALI) and an editor of the Employee Rights and Employment Policy Journal. She serves on the board of the Pension Action Center which provides free legal services to low income retirees and their dependents.

Publications
  1. Maria Hylton, "Friedrichs and the Move Toward Private Ordering of Public Employee Wages and Benefits," 23 Connecticut Insurance Law Journal 177 (2016-17).
    Publisher | HeinOnline (BU) | HeinOnline | SSRN | Scholarly Commons
  2. Maria Hylton & Jeanne Medeiros, "Recoupment of Pension Overpayments: Equitable Liens and Meaningful Reform After Montanile," 26 Kansas Journal of Law & Public Policy 195 (2017).
    Publisher | HeinOnline (BU) | HeinOnline | SSRN | Scholarly Commons
  3. Maria Hylton, "After Tackett: Incomplete Contracts for Post-Employment Healthcare," 36 Pace Law Review 317 (2016).
    SSRN | HeinOnline (BU) | HeinOnline | Scholarly Commons
  4. Maria Hylton, "The Case for Public Pension Reform: Early Evidence from Kentucky," 47 Creighton Law Review 585 (2014).
    SSRN | HeinOnline (BU) | HeinOnline | Publisher | Scholarly Commons
  5. Maria Hylton, "Central Falls Retirees v. Bondholders: Assessing Fear of Contagion in Chapter 9 Proceedings," 59 Wayne Law Review 525 (2013).
    SSRN | Scholarly Commons
  6. Maria Hylton, "Disclosure to the Rescue: A Conceptual Framework for Retained Asset Accounts," 80 Tennessee Law Review 69 (2012-13).
    SSRN | HeinOnline (BU) | HeinOnline | Scholarly Commons
  7. Maria Hylton, "Combating Moral Hazard: The Case for Rationalizing Public Employee Benefits," 45 Indiana Law Review 413 (2011-12).
    SSRN | Scholarly Commons
  8. Maria Hylton, "The Other Situation in New Jersey: The State of Public Pension and Retiree Health Plans and Prospects for Reform," Employee Benefits Committee Newsletter, ABA Section of Labor and Employment Law (Win 2011).
  9. Maria Hylton, "Post-Firestone Skirmishes: The Patient Protection and Affordable Care Act, Discretionary Clauses and Judicial Review of ERISA Plan Administrator Decisions," 2 William & Mary Policy Review 1 (2010).
    SSRN | HeinOnline (BU) | HeinOnline
  10. Maria Hylton, "Together We Can: Imagining the Future of Employee Pension Plans," Employee Pensions: Policies, Problems & Possibilities, T. Ghilarducci & C. E. Weller, eds., ILR Press (2007), 12 Employee Rights and Employment Policy Journal 383 (2009). Westlaw | Lexis Advance
  11. Maria Hylton, "Creeping Impoverization: Material Conditions, Income Inequality and ERISA Pedagogy Early in the 21st Century," 34 Fordham Urban Law Journal 1355 (2007).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  12. Maria Hylton, "Insecure Retirement Income, Wrongful Plan Administration and Other Employee Benefits Woes -- Evaluating ERISA at Age Thirty," 53 Buffalo Law Review 1193 (2005).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  13. Maria Hylton, "The Changing World of Employee Benefits," 79 Chicago Kent Law Review 625 (2004).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  14. Maria Hylton, "The Supreme Court's Labor and Employment Decisions: 2002-2003 Term," 19 The Labor Lawyer 247 (2003).
    Westlaw | HeinOnline (BU) | HeinOnline
  15. Maria Hylton, "Foreword," in Symposium on Employee Benefits, 5 Employee Rights and Employment Policy Journal 1 (2001).
    Westlaw | Lexis Advance
  16. Maria Hylton, "Y2K ERISA Update: Key Issues and Trends Facing Employers and Plan Participants," 51 Labor Law Journal 96 (2000).
  17. Maria Hylton, "ERISA in the Larger EEO Context," 3 Employee Rights and Employment Policy Journal 131 (1999). Proceedings of the 1999 Annual Meeting AALS Section on Employment Discrimination Law: Is There a Disconnect Between EEO Law and the Workplace?
    Westlaw | Lexis Advance
  18. Maria Hylton & Lorraine Schmall, Cases and Materials on Employee Benefits Law, West Group Publishing (1998).
  19. Maria Hylton, "Evaluating the Case for Social Security Reform: Elderly Poverty, Paternalism and Private Pensions," 64 Brooklyn Law Review 749 (1998).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  20. Maria Hylton, "Recent Developments in ERISA Law," 49 Labor Law Journal 1065 (1998).
  21. Maria Hylton, "Discussant's Notes," in Symposium Industrial Relations Research Association Annual Meeting, Proceedings of the Forty-Ninth Annual Meeting 226 (1997).
  22. Maria Hylton, "Some Preliminary Thoughts on the Deregulation of Insurance to Advantage the Working Poor," 24 Fordham Urban Law Journal 687 (1997).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  23. Maria Hylton, "Legal and Policy Implications of the Flexible Employment Relationship," 17 Journal of Labor Relations 589 (1996).
  24. Maria Hylton, "The Case Against Regulating the Market for Contingent Employment," 52 Washington & Lee Law Review 11 (1995).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  25. Maria Hylton, "Insurance Risk Classification After McGann: Managing Risk Efficiently in the Shadow of the ADA," 47 Baylor Law Review 59 (1995).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  26. Maria Hylton & P. Finn, Using Civil Remedies for Criminal Behavior: Rational, Case Studies and Constitutional Issues, National Institute of Justice (1994).
  27. Maria Hylton, "Working and Poor: The Increasingly Popular Practice of Excluding Disabled Employees from Health Care Coverage," 3 Kansas Journal of Law & Public Policy 92 (1994).
    Westlaw | HeinOnline (BU) | HeinOnline
  28. Maria Hylton, "The Economics and Politics of Emergency Health Care for the Poor: The Patient Dumping Dilemma," 1992 Brigham Young University Law Review 971 (1992).
    Westlaw | HeinOnline (BU) | HeinOnline
  29. Maria Hylton, "Personal Narratives and Racial Distinctiveness in the Legal Academy," review of Patricia J. Williams, The Alchemy of Race and Rights, Harvard University Press (1992), 41 DePaul Law Review 1407 (1992).
  30. Maria Hylton, "Socially Responsible Investing in an Inefficient Market: Doing Good Versus Doing Well," 42 American University Law Review 1 (1992).
    Westlaw | Lexis Advance
  31. Maria Hylton, "'Parental Leaves', and Poor Women: Paying the Price for Time Off," 52 University of Pittsburgh Law Review 475 (1991).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  32. Maria Hylton & Keith Hylton, "Rent Appropriation and the Labor Law Doctrine of Successorship," 70 Boston University Law Review 821 (1990).
    Lexis Advance | HeinOnline (BU) | HeinOnline | Westlaw
  33. Keith Hylton & Maria Hylton, "Rational Decisions and Regulation of Union Entry," 34 Villanova Law Review 145 (1989).
    HeinOnline (BU) | HeinOnline | Westlaw
Courses
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