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 ...
Following recent case law, costs lawyers are in limbo, not knowing if they will get paid for what they are doing, writes Francis Kendall ‘As yet, there is little by way of authoritative guidance as to ...
Forbes contributors publish independent expert analyses and insights. Jill Goldenziel writes & consults on security, law, & business risk. Proportionality in war does not mean balancing number of ...
Smoke rising from buildings in Gaza after retaliatory Israeli air strikes on October 15, 2023. Photo by MOHAMMED SABER/EPA-EFE/Shutterstock In recent days, my ...
Israel's military operation in Gaza has killed tens of thousands of people, destroyed thousands of buildings, and severely restricted the supply of food. The operation was launched after Hamas ...
A number of obstacles arise when attempting to assess if costs in civil litigation are proportionate, says Paul Taylor. The Jackson civil litigation reforms introduced in April 2013 have the concept ...
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 ...
Since the April 2013 Jackson reforms, litigators have been hungry for guidance on how the revamped proportionality rule should work. Their appetite was originally whetted by Lord Justice Jackson’s ...
Last year, the Florida Supreme Court adopted comprehensive changes to the Florida Rules of Civil Procedure. These changes took effect on Jan. 1, 2025. There is much to unpack in the new rules. Parties ...
Simply put, these instruments seek to spare civilians and others who are no longer active combatants from the effects of hostilities by placing restrictions and prohibitions on the conduct of warfare.
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