A Small World After All: Extending the Martindell Standard to Block Grand Jury Access to Sealed Foreign Discovery Materials Held at U.S. Law Firms

J. Sam Bonafede argues that to protect our civil litigation system, the Second Circuit should block DOJ's efforts to circumvent civil protective orders covering foreign-based discovery materials through well-timed grand jury subpoenas.

The Political Economy of Judicial Federalism by Michael E. Solimine

Professor Diego Zambrano’s recent article in the University of Chicago Law Review, Federal Expansion and the Decay of State Courts, is an institutional and comparative examination of federal and state courts as it pertains to judicial federalism. While judicial federalism has a long and complicated history, by most accounts, in the past several decades, both … Continue reading The Political Economy of Judicial Federalism by Michael E. Solimine

How Probable is “Plausible”? by Daniel A. Epstein

See Mr. Epstein's article in the Online Journal here The federal pleading threshold is probably the most confronted, least understood, threshold in American law. We know that to survive a Rule 12(b)(6) motion to dismiss in the post-Twombly and -Iqbal world, a pleading must state a claim to relief that is “plausible” on its face. … Continue reading How Probable is “Plausible”? by Daniel A. Epstein