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Case of the Day: Tesla v. Balan
The case of the day is Tesla Motors, Inc. v. Balan (9th Cir. 2025). It’s a fun procedural gem in the world of domestic arbitration. Balan was a former Tesla employee who was the subject of an article in the Huffington Post in 2017. After the article was published, Tesla published statements about her, including……
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Self-governance
A political post. You have been warned. A long history of corporate self-governance We have a long history of self-governing social institutions. Churches govern themselves. The professions govern themselves. Universities govern themselves. The press governs itself. There’s nothing in the Constitution that clearly requires this kind of corporate self-governance (except maybe for churches and the……
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Case of the Day: Application of Vestolit GmbH
The case of the day is Application of Vestolit GmbH (D. Del. 2025). Vestolit GmbH and Celanese Europe B.V. were defendants in a Dutch antitrust lawsuit brought by Shell Chemicals Europe, B.V. They brought an application in Delaware under Section 1782 seeking to serve a subpoena on Shell Chemical LP. The case illustrates a risk……
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The government should release Mahmoud Khalil
The government should release Mahmoud Khalil. There, I said it. Don’t misunderstand me. I think he’s a terrible person with terrible views. I think that the government should not admit aliens with his views into the United States, and I think that Columbia should not have tolerated him and people like him. Our universities should……
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Case of the Day: Missouri v. China
During COVID I wrote about what I regarded as an absurd case: the state of Missouri suing China and Chinese government instrumentalities for damages arising from the pandemic. I thought the case was absurd mainly because of foreign sovereign immunity, but also because the service of process on the two arguably non-governmental defendants was bad.……