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  • More on Rulemaking and Cross-Border Discovery: FRCP 28

    My last post on the desirability of amending the Federal Rules of Civil Procedure to account for cross-border discovery got me thinking more about the topic. Let’s look at one of my favorite rules, FRCP 28. It’s little-known, but in some ways it’s the key rule for cross-border discovery practice. Rule 28 provides that that a……

    December 18, 2023
  • 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,”……

    December 16, 2023
  • 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……

    December 10, 2023
  • 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……

    December 10, 2023
  • 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,……

    December 9, 2023
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