Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts by Aaron Marr Page

Aaron Marr Page on the Special Rapporteur Letter

Posted on January 28, 2016

Aaron Marr Page responds constructively to my post on his letter to the Special Rapporteur on the Situation of Human Rights Defenders. I’ll briefly respond to one point and add one observation. As someone who watched things unfold, I can say that Ted’s speculative claim that “the reason Chevron’s threats were so potent was because there was some underlying wrongdoing that made Patton Boggs and the others perceive a serious risk of liability” is wrong. It is true, as he says, that some “allies” like Burford were “spooked,” in the sense that as soon as they heard Chevron’s allegations they starting looking for the exit (including, in Burford’s case, by coordinating with Chevron behind their own clients’ backs). Others were the victims of flat-out,…

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Response to Professors Whytock and Brand

Posted on May 31, 2012

Chris does a good job of detailing the tension between the traditional approach of the Ashenden analysis and the new approach of the UFCMJRA, which I referenced in my post. In particular I think he correctly describes how the new case-specific UFCMJRA grounds essentially turn the enforcing court into an appellate court on due process and “integrity” issues, whereas under the traditional approach that level of review was seen as incorporated into the larger systemic adequacy analysis and left to the foreign court’s own internal review procedures. Chris ends his post by pleading for more information on the thinking behind why we would want to make this shift. Professor Brand takes up the subject of case-specific exceptions, but doesn’t bite at the particular question:…

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A Response to the Whytock/Robertson Proposal

Posted on May 30, 2012

Aaron Marr Page is the Managing Attorney at Forum Nobis pllc and an advocate for the Lago Agrio plaintiffs. Chris Whytock and Cassandra Robertson have produced an excellent and timely piece of scholarship and kudos to Letter Blogatory for so keenly picking up on its import and hosting this symposium. I must pause to note how sobering it is to realize that Whytock/Robertson’s work is so timely because only now, after a good half century of vigorous forum non conveniens (FNC) practice, are we seeing a FNC-dismissed foreign judgment readying to appear for enforcement. As Whytock/Robertson remind us, only 15% of FNC cases are actually refiled in the supposedly more convenient foreign forum, a reality long known to scholars, lawyers, and judges, even as…

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