Author: Ted Folkman

  • Article of the Day: Should the Federal Rules of Civil Procedure Be Amended to Address Cross-Border Discovery?

    Zachary D. Clapton has a pointer to a new article by Michael M. Baylson and Steven S. Gensler on whether the Rules of Civil Procedure should be amended to account better for cross-border discovery. I do a lot of cross-border discovery, and so I have some thoughts. I know I called this post “article of the day,”……

  • Case of the Day: United States v. Meta

    The case of the day is United States v. Meta Platforms, Inc. (N.D. Cal. 2023). The Korean central authority made a request to the US central authority for judicial assistance under the Evidence Convention in aid of a Korean internet defamation lawsuit where the defendant’s identity was unknown. The letter of request sought technical and……

  • More on the Jewish Question at Harvard

    Professor Ben Eidelson of Harvard Law School has posted a defense of President Claudine Gay’s testimony before the House Committee on Education and the Workforce that implies that she was wrong to apologize. “She did nothing wrong,” he writes, and “the real failure of leadership would be surrendering to a campaign so hostile to our……

  • Elephant Habeas: The NhRP’s Colorado Case Is Dismissed

    A Colorado judge has dismissed a habeas corpus petition brought by the Nonhuman Rights Project supposedly on behalf of elephants at the Cheyenne Zoo. The decision is a good one. The judge basically agrees with all the things that the NhRP has to say about elephants. They are really smart, they have complex social lives,……

  • The Jewish Question at Harvard

    I cannot believe what I heard from the leaders of some of our great universities at yesterday’s hearing on campus antisemitism in the House Committee on Education and the Workforce. The question was maybe the easiest question ever put to a witness at a congressional hearing: Does calling for the genocide of the Jewish people……