Author: Ted Folkman

  • A Follow-Up To Professor Brand

    As a humble practicing lawyer in the company of some heavy hitters from the academy, I’ve really enjoyed reading and participating in this discussion! I want to offer some follow-up to the back-and-forth I had with Professor Brand yesterday. In his response to the Whytock/Robertson article, Professor Brand noted an inconsistency between the proposal, which……

  • Response to Professors Whytock and Brand

    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……

  • Symposium Day 2

    Thank you to Cassandra Robertson, Chris Whytock, Ron Brand, Doug Cassel, and Aaron Page for their contributions to the first-ever Letters Blogatory symposium. Cassandra and Chris gave very clear statements of their proposals for closing the “access-to-justice gap”, and Ron provided a thoughtful critique. Doug and Aaron discussed the Whytock/Robertson article from the perspective of……

  • BREAKING: Lago Agrio Plaintiffs Seek Recognition and Enforcement in Canada

    I have breaking news to report in the Lago Agrio case. The plaintiffs have brought an action for recognition and enforcement of the judgment in the Superior Court of Justice in Ontario. It looks like Alan Lenczner of Lenczner Slaght will be representing the plaintiffs. I will have more details as they become available, and……

  • A New Kind of Estoppel?

    I want to thank all of the contributors to today’s symposium. I’m really pleased and honored to be able to host what I think has been a very good discussion of a significant current issue. I want to comment briefly on what Whytock and Robertson have to say about estoppel. As I understand their position,……