A few days ago, my co-blogger Josh Blackman posted some very interesting remarks about forum selection and judge-shopping from Judge Reed O'Connor (NDTX). I was interested to know, though, what the counterargument might look like. In the spirit of furthering that debate, I am pleased to pass on this reply to Judge O'Connor from Professor Stephen Vladeck. The remainder of the post is Professor Vladeck's reply.
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My sincere thanks to Professor Orin Kerr for inviting me to respond to Judge O'Connor's speech in this guest post. If nothing else, the more that we're publicly discussing and debating the virtues and vices of judge-shopping, the better. To that end, I'm also grateful to Judge O'Connor—not just for publicly addressing the critiques, but for allowing his remarks to be shared more broadly.
