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Tag: Fairness

The Nature of Reasonableness

Alan Calnan

In honor of Professor Alan Calnan, a prolific and inspiring Torts scholar.  His wife and colleagues at Southwestern Law School wish to dedicate this Essay to his memory.

Though the notion of reasonableness dominates Anglo- American law, its meaning has been clouded by traditional conceptual analysis. This Essay argues that greater clarity can be gained by taking a scientific approach to the subject, exposing the natural foundations beneath the concept’s varied interpretations. Reasonable legal minds agree that reasonableness is one of the foundational concepts of American law,…

Mar 2020

Note

Domesticating Comity: Territorial U.S. Discovery in Violation of Foreign Privacy Laws

Corby F. Burger

This Note aims to make two contributions. First, this Note addresses a series of threshold descriptive and normative questions that are mostly unaddressed by scholars, the Restatements of Foreign Relations Law, and the courts: Is the doctrine of foreign-state compulsion available to defend against a territorial discovery order or is the foreign-state compulsion defense limited to extraterritorial acts? How have courts applied the doctrine to territorial discovery, if at all? Should the foreign-state compulsion defense be territorially limited? Second, if the foreign-state compulsion defense is available to defend against a territorial discovery order, how do courts account for the fact that the information is presently located in the United States when applying the doctrine? Should courts account for the present location of ESI, and, if so, how much weight should the present location of data be given in a court’s analysis?

Jan 2020

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