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 ...

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 ...

After seemingly endless years of rulemaking, the first decisions applying the amended Federal Rules of Civil Procedure have begun to trickle out. Not surprisingly, there have been no game changers to ...

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 2006 Israel-Lebanon war generated the first large-scale and systemA,A!ic references to a heretofore mostly ignored law of war concept, the doctrine of proportionality. Occasional references to ...

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 ...

“It must not be forgotten that it is perhaps more dangerous for a nation to allow itself to be conquered intellectually than by arms.” There would be no such “immunization” if Palestinian authorities ...

Israel’s counteroffensive into Lebanon and the Palestinian territories raises a question about what constitutes a legal and legitimate proportional response under international law. Yes. Israel is ...