Zachary D. Clopton
Northwestern Pritzker School of Law
Zachary D. Clopton is a Professor of Law Northwestern Pritzker School of Law. Prior to joining Northwestern, Clopton was as an Associate Professor of Law at Cornell Law School and a Public Law Fellow at the University of Chicago Law School. He clerked for the Honorable Diane P. Wood of the United States Court of Appeals for the Seventh Circuit. He also served as an Assistant United States Attorney in Chicago and worked in the national security group at Wilmer Hale in Washington, D.C. Professor Clopton’s recent scholarship has appeared or is forthcoming in the Stanford Law Review, NYU Law Review, University of Chicago Law Review, Michigan Law Review, California Law Review, and Cornell Law Review, among others. His public writing has appeared in Slate, Politico, The Hill, and others.
Issue to Watch: Section 1782 and the Unified Patent Court
Section 1782 is big business, with large numbers of petitions filed in federal courts every year. 28 U.S.C. § 1782 is a federal statute authorizing federal courts order discovery for use in a foreign or international tribunal (but not an international arbitral tribunal). The Supreme Court elaborated various aspects of Section 1782 in its 2004 decision Intel Corp. v….
Continue ReadingHalkbank and the “Unitary” Executive
Last week, the Second Circuit issued its decision on common law immunity in United States v. Turkiye Halk Bankasi A.S., on remand from the Supreme Court. Ingrid thoroughly summarized the Second Circuit’s ruling earlier this week. This post follows up to flag one further aspect of the decision. As readers know, a central question on…
Continue ReadingInterlocutory Appeals and State Sponsors of Terrorism
In a decision only lawyers could love, the Second Circuit held on September 3, 2024, that it lacked appellate jurisdiction over an interlocutory appeal by the Republic of Sudan brought in a multidistrict litigation (MDL) arising out of the terrorist attacks of September 11, 2001. The key issue is when the state-sponsored terrorism exception to…
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