The struggle over retiree medical benefits: who's on top?

Over the past decade, there has been an explosion of litigation addressing an employer's right to unilaterally amend or terminate medical benefits provided to retirees. The sheer volume of these cases and the variety of facts and legal theories have combined to obscure the patterns and trends that actually are emerging from this litigation. This article will describe the context of the struggle over retiree benefits and discuss those leading decisions in which the federal courts of appeals have established their rules for deciding retiree benefits cases.     

Transition from paper to paperless: DOD'S CALS system

When technology is transferred from one context to another, it is an established principle that innovation must take place. Even though a technology is well situated in one context, it must be adoptively redesigned for another. The sharper the difference in contexts, the greater the adaptation. This paper describes a program to transfer technology among a very diverse group of organizations: contractors to the US Department of Defense (DOD). Specifically, it describes how the technology of electronic communication, including electronic- data interchange (EDI), is being pursued by both the DOD and its supporters.     

Book reviews

Ash Amin and John Tomaney (eds), Behind the Myth of European Union: Prospects for Cohesion (Routledge, London, 1995), 334 pp., ISBN 0–415–13078–6 (pb)

Stephen Gundle and Simon Parker (eds), The New Italian Republic: Front the Fall of the Berlin Wall to Berlusconi (Routledge, London, 1996), 334 pp., ISBN 0–415–12161–2 (hb), 0–415–12162 (pb)

Donald Sassoon, One Hundred Years of Socialism: The West European Left in the Twentieth Century (I. B. Tauris, London, 1996), 965 pp., ISBN 1–85043–879‐X

Geoff Mulgan, Connexity: How to Live in a Connected World (Chatto & Windus, London, 1997), 280 pp., ISBN 0–7011–6396–8     

A review of recent developments affecting COBRA rights

Due to the high cost of health care claims and COBRA's status as remedial legislation, COBRA has generated a significant amount of litigation in recent years. While the early COBRA decisions tended to broaden the law in order to provide a remedy to an otherwise uninsured qualified beneficiary, the recent trend in the case law has been to limit the expansion of COBRA rights based on a narrower construction of the statute. Even so, COBRA still represents a legal minefield for employers. As a result, a careful employer will minimize its exposure by monitoring changes in the law and its interpretation and making appropriate modifications to its COBRA documentation and administration. This article discusses some of the more significant recent changes in the law affecting qualified beneficiaries' COBRA rights--and therefore, employers' exposure.