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.     

Unclogging Courts by Targeting Litigant Incentives: The Case of the Brazilian Labour Justice Reform

Overburdened courts hinder economic and social progress, yet successful court reforms are rare. Instead of boosting judicial resources or adapting procedure, Brazil tackled persistent backlogs and delays in its labour courts by replacing the pre-existing each-pays-their-own-costs (American) rule for allocation of litigation expenses with an alternative loser-pays-all (English) rule. Using a newly assembled court-level panel dataset and difference-in-differences approach, we show that the reform alleviated the courts' demand pressures and, most importantly, increased court efficacy in both adjudication and enforcement. The Brazilian experience offers valuable policy lessons about viable court reforms for other jurisdictions.