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Case of the Day: Skillz Platform v. Papaya Gaming
The case of the day is Skillz Platform, Inc. v. Papaya Gaming, Ltd. (SDNY 2024). I’ve written a lot recently about the use of the Evidence Convention to take discovery from non-parties, so I thought I’d write about a case involving discovery from a party, where it’s 100% correct to look at the Aérospatiale analysis.……
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October 7, 2024
It has been one year since the October 7 atrocities. Hamas still holds 101 hostages in Gaza. For a year, the malice of some towards Israel and the Jewish people, the willful, gleeful distortions of history, and the hypocrisy of national, international, academic, humanitarian, and journalistic institutions has been on full display. Just as in……
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Thoughts on the Situation in Lebanon
Hezbollah, an armed terrorist group in Lebanon that, by a bizarre kind of courtesy, people call a non-state actor even though it is much stronger and wields more power than the hapless Lebanese government, has fired thousands of rockets into Israel since October 8, when it began attacking to express support for what Hamas had……
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Thoughts after the Murder of Hersh Goldbeg-Polin and the Other Hostages
I am devastated and angered by the news of the murders of Hersh Goldberg-Polin and five other hostages in Rafah. Hersh, an American Israeli, became the face of the hostage crisis in America. In part that was due to Hersh himself. Many young American Jews who visited Israel, including one of my children, got to……
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The ICJ Makes Peace Harder
The ICJ’s advisory opinion on Israel and the Palestinian territories is so, so dispiriting. Let me begin with the caution I gave in my very first post after the October 7 massacre and repeated in one form or another in my post explaining the view of scholars who said that Israel did not have the……