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Article of the Day: Eric Sherby, “Is an Arbitrator a ‘Tribunal’ Under Section 1782? The FAA Red Herring”
I’m happy to welcome friend of Letters Blogatory Eric Sherby, a well-known Israeli lawyer specializing in international litigation and arbitration, who argues in today’s post that it’s a mistake to worry about the possibility that parties to foreign arbitrations might have more rights to take US discovery than parties to domestic arbitrations if the Supreme……
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Some Thoughts on the Leaked Draft Opinion Overturning Roe v. Wade
You have probably read the news from last night. Someone (a law clerk?) has leaked a draft opinion indicating that the Supreme Court is on the verge of overturning Roe v. Wade, 410 U.S. 113 (1973), the case holding that a woman has a constitutional right to abort a pregnancy in the first trimester of……
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Case of the Day: Pivar v. Van Gogh Museum
The case of the day is Pivar v. Van Gogh Museum (S.D.N.Y. 2022). Full disclosure: I was counsel for The Van Gogh Museum Foundation (“the Museum”), the defendant in the case. The Museum houses (though it does not own) the world’s largest collection of the works of Dutch artist Vincent Van Gogh. One service the……
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Lago Agrio: Donziger finishes serving his sentence
Steven Donziger finished serving his sentence yesterday following his conviction of criminal contempt of court. Although it will come too late to affect his sentence, his appeal challenging the constitutionality of the proceedings, in which the government was represented by a private prosecutor as provided in Fed. R. Crim. P. 42 who, Donziger says, was……
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Case of the Day: Cassirer v. Thyssen-Bornemisza Collection Foundation
The case of the day is Cassirer v. Thyssen-Bornemisza Collection Foundation (S. Ct. 2022). Justice Kagan, who wrote the opinion for a unanimous court, is such a good writer that sometimes the cases she decides are harder than she makes them look. But I do think today’s case was an easy one. Paul Cassirer was……