Author: Ted Folkman

  • Book of the Day: Comparative Law for Spanish-English Speaking Lawyers

    I have the prejudices of a practitioner: I like a really useful book. Sure, you can write a treatise on delocalized arbitration, but what can you tell me that I can use in my everyday practice? The book of the day, Comparative Law for Spanish-English Speaking Lawyers, is a useful book. I recommend it.

  • Case of the Day: Gilmore v. Palestinian Authority

    The case of the day is Gilmore v. Palestinian Interim Self-Government Authority (D.C. Cir. 2016). Esh Kodesh Gilmore, a US citizen, was killed in a terrorist attack in Jerusalem in 2000. His estate and survivors sued the Palestinian Authority and the PLO, asserting claims under the Anti-Terrorism Act and on common law theories. At first,……

  • COCA: Bad News on US Ratification

    I’ve been following the efforts to ratify the Hague Choice of Court Agreement Convention, COCA, for a long time. As readers will remember, the United States has signed the Convention but not ratified it. The hold-up has to do with disputes about how to implement the non-self-executing Convention in US law. For a summary, you……

  • Russian Hacking: Trump’s Plan B

    President-elect Donald Trump has now had a classified briefing from the Director of National Intelligence and the directors of the FBI, CIA, and NSA on the Russian hacking issue, and we have had the chance to read the unclassified version of the report. What can we conclude?

  • Case of the Day: Enron Nigeria Power Holding v. Nigeria

    The case of the day is Enron Nigeria Power Holding, Ltd. v. Federal Republic of Nigeria (D.C. Cir. 2016). Nigeria was party to a contract for construction of electrical facilities with ENPH. The contract was made in 1999, but almost immediately thereafter Nigeria suspended implementation, after it received a letter from the World Bank criticizing……