A recent decision from the Southern District of New York serves as a timely reminder that proportionality is a key gatekeeping principle shaping the scope of discovery. Over the past decade, ...

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 ...

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 ...

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Brett F. Clements of Hollingsworth LLP writes that defendants must advise courts about the volume, cost or specific burdens of a challenged discovery request, even a decade after the 2015 amendment to ...

The concept, important for determining the legality of an act of war, is about weighing civilian harm against military objectives, not about achieving a balanced number of casualties. By Steven ...

More than a month after Hamas fighters killed 1,400 Israelis in a shock assault, bombs continue to fall on the Gaza Strip in reprisal Israeli attacks. The aerial campaign has left a heavy death toll – ...

“That ratio is tremendously positive,” said Israeli Defense Forces (IDF) spokesman Jonathan Conricus when asked in December 2023 about Israel’s assessment that its military had killed two Palestinian ...