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17 Jun 2015, 10:42 am
Many years ago, Jack Goldsmith, Tim Wu, Joel Reidenberg, and other legal scholars told those of us who were deeply worried about this prospect of multiple, conflicting extraterritorial legal claims not to worry: “A nation can purport to regulate activity that takes place anywhere. [read post]
16 Jun 2015, 8:43 pm by Susan Landau
Largely because the Chinese cyberexploit is, as Jack haswritten, espionage. [read post]
15 Jun 2015, 3:00 pm by Charlie Dunlap
With headlines in the aftermath of the OPM hack asking if it was a “cyber 9/11” or an “act of war,”  and Lawfare’s own Jack Goldsmith’s questioning the apparent “weak and hesitant” U.S. response to the hack, it may be helpful to take a look at a key legal resource: The U.S. [read post]
15 Jun 2015, 3:42 am by Amy Howe
At worst, it does symbolic harm to the principle of the separation of powers. [read post]
14 Jun 2015, 4:56 pm by Kevin LaCroix
The bill, which previously passed the state’s Senate, now goes to Delaware Governor Jack Markel for his signature. [read post]
13 Jun 2015, 11:53 pm by Florian Mueller
The Bavarian data privacy commissioner was spot-on: while the EPO does have a "data protection officer," that person is just a dictator's minion with no say over anything important.A document has been leaked to me that proves a complete dereliction of duty. [read post]
13 Jun 2015, 1:30 pm by Cody Poplin
What does the Court's opinion now mean for the method of determining the President’s exclusive powers? [read post]
13 Jun 2015, 1:30 pm by Cody Poplin
What does the Court's opinion now mean for the method of determining the President’s exclusive powers? [read post]
12 Jun 2015, 3:22 pm by Staley Smith, Cody Poplin
Jack posted a new essay from Willy Stern on the “Dabla,” the Israeli Defense Forces' elite operational lawyers. [read post]
12 Jun 2015, 6:38 am by John Mikhail
Surprisingly enough, these simple ideas are sometimes considered radical or outside the mainstream—“off-the-wall,” in Jack Balkin’s sense —and they are at variance with the prevailing jurisprudence of the U.S. [read post]
12 Jun 2015, 5:32 am by Michael Geist
Jack, a closely watched case involving a court order requiring Google to remove websites from its global index. [read post]
11 Jun 2015, 4:31 pm by Quinta Jurecic
Yet the report does not, as privacy advocates might have hoped, take a strong stance against bulk surveillance of electronic communications. [read post]
10 Jun 2015, 9:52 am
” (Law students take note – Ratzlaf is a very interesting decision about how to construe the word “willful” when it appears, as it does not infrequently, in statutory criminal provisions. [read post]
10 Jun 2015, 9:51 am by Sean Mirski
In other words, because the Constitution contemplates congressional participation in some recognition decisions, it does not seem to entirely “disable” or “preclude” a role for Congress. [read post]
9 Jun 2015, 1:58 pm by Michael Ramsey
” For this reason I disagree with Professor Jack Goldsmith, writing at Lawfare, who sees the case as an important win for the executive. [read post]