Insurance claim practices determine the extent to which insurers will or will not honor their promises. This Article describes the failure in the market for claim practices, the failure of the regulatory responses to that failure, and the ways in which litigation can provide a partial...

This article examines the impact permissive procedures have on an arbitrator's ability to maintain order. The suggestion made is that the new rules offer nothing that isn't already available by judicial decree. While the effort to assist the arbitrator is laudable, no administrator can go...

The Hungárián Copyright Act (HCA) includes a separate chapter on the terms of license (“use”) contracts. The provisions of the HCA serve as lex speciális against the background of general and special rules of contract law codified by the Hungarian Civil Code (HCC). From a historical point...

Consideration stands at the very center of the common law's approach to contract law and the doctrine survives at every turn. The author analyzes the Alabama Supreme Court's decision in Webb v. McGowin on its seventy-fifth anniversary and finds that the decision still merits admiration. Although...

This chapter adopts the working assumption that it is conceivable that at some time in the future it would be in the interest of the United States to restructure its sovereign debt (i.e., to reduce the principal amount). It addresses in particular U.S. Treasury Securities. The chapter first...

Guaranties and suretyships reduce the risk of default and today remain essential arrangements in many commercial and consumer transactions. A guarantor or surety promises to pay for the debt of a third party and may become primarily liable on that debt. Despite the significance of such a promise...

This article examines the many wayward turns taken by various factions of feminism and offers a new paradigm. Section I covers background; Section II explains a realistic alternative; Section III discusses genuine universalism (rather than a gender-based apartheid) where men and women live...

Implantable medical devices measure and record data about the physiological development in a patient's body, and communicate the data wirelessly to a monitoring system. In order for the patient to obtain information from the device, however, he or she would typically need to visit a medical...

This article reveals evidence-based details of the China International Economic and Trade Arbitration Commission (CIETAC) arbitral proceedings (1990-2000), allowing unprecedented insights into Chinese international business arbitration. It begins by confirming the prominence of Chinese foreign...

Social media platforms employ inferential analytics methods to guess user preferences and may include sensitive attributes such as race, gender, sexual orientation, and political opinions. These methods are often opaque, but they can have significant effects such as predicting behaviors for...