In time of war, people tend to lose all sense of proportion. This is true when it comes to the kinds of domestic government measures they are willing to endorse during the “emergency,” which always ...

More than three years after their implementation, attorneys, courts, and litigants are still learning to navigate the new waters in Federal Rule of Civil Procedure 26. As a result of the 2015 ...

Proportionality-based eDiscovery is a goal that all corporate litigants seek to attain. Under Federal Rule of Civil Procedure 26(b)(1), parties may discover any non-privileged material that is ...

The current conflict between Israel and Hamas raises a host of legal questions about the application of the Law of Armed Conflict (LOAC). One of the major criticisms raised against Israel is that its ...

Robert Goldman does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond ...

The hoary doctrine of “proportionality” from the “just war” theory is being sorely tested by the wars in the Middle East and Ukraine. The premise of this theory, as first expounded in the West by ...

The new scope of discovery outlined in Federal Rule of Civil Procedure 26(b)(1) has been discussed and analyzed by courts across the country. Surprisingly, some of this discussion has included ...