Author: Ted Folkman

  • The Upcoming Special Commission Meeting

    The Special Commission on the practical operation of the 1965 Service, 1970 Evidence and 1980 Access to Justice Conventions will take place from July 2 to 5 in The Hague. I’ll be attending as part of the ITechLaw delegation, along with friend of Letters Blogatory Alex Blumrosen of the Paris bar. The Special Commission is……

  • Paper of the Day: Toward Nakba as a Legal Concept

    The paper of the day is Toward Nakba as a Legal Concept, by Harvard SJD student Rabea Eghbariah, which has just been published—at least I think it has. Eghbariah’s article has had a long history of getting to press. In November 2023, the board of the Harvard Law Review decided against publishing the post in……

  • Case of the Day: Coinbase v. Suski

    The case of the day is Coinbase, Inc. v. Suski (S. Ct. 2024). Cases about arbitration can get very abstract very quickly. I like the way Justice Jackson categorized arbitration disputes in her new opinion. The most straightforward cases are decisions on the merits of a dispute. At the next level of abstraction, the question……

  • The ICC Prosecutor’s Request for Warrants

    Okay, I suppose I ought to comment on the decision of the ICC’s prosecutor, Karim Khan, to seek arrest warrants for the leaders of Hamas as well as for Israeli prime minister Netanyahu and defense minister Gallant. I begin as always with my disclaimer: I am not an expert in the relevant law! First, it’s……

  • Case of the Day: Fuld v. PLO

    The case of the day is Fuld v. PLO (2d Cir. 2024). It’s a denial of a petition for an en banc rehearing in an important personal jurisdiction case, and since the Second Circuit is so stingy with en banc rehearings, the decision isn’t a surprise. There are, though, two interesting opinions, one a concurrence……