Commercial airplanes are vectors of infectious disease, advancing, if not sparking, global epidemics and potentially pandemics by exporting pathogens from endemic areas of the world to non-endemic places. For example, according to the global scientific community, the Zika virus was introduced to...

The ongoing reform of investor-state dispute settlement (ISDS) underlines the pertinence of an old question that has received various and conflicting answers: is investment arbitration a public or a private method of dispute settlement? A key criticism levelled at investment treaty arbitration...

Shrinking state and local government budgets cast public pension reform into bold relief and garner a significant amount of commentary from social scientists on policy grounds. While this discussion is important, what has been missing is an account grounded in legal theory and doctrine. Contract...

This Article is the first to examine the impact of the Supreme Court’s latest Federal Arbitration ‎Act (FAA) decisions on the debate surrounding so-called “forced” employment arbitration. In ‎Southwest Airlines Co. v. Saxon, the Supreme Court held that airport cargo loaders were exempt...

The government pension crisis is making news headlines around the country. Contributing to the crisis is a common law of public pensions that diverges from general contract and employment principles. Nowhere is this contradiction more apparent than in California and the several states that have...

This article presents a novel data set that describes insurance industry-wide trends on the pervasive and material inadequacy of homeowner insurance. A large majority of insured homes in the United States are profoundly underinsured, and the homeowners do not know it. Insurance companies have...

A survey of legal developments in maritime law, including an initiative to reform the Fisheries Act, limits on the subject matter giving rise to federal admiralty jurisdiction, application of the limitation in the Marine Liability Act on contractual choices of foreign jurisdictions, application...

Implied terms of good faith in relation to express contractual rights and discretions have been the focus of recent litigation in England and Australia. These rights and discretions appear in commercial contracts, where consumer legislation is not relevant and the only possible fetter on the...