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21 Jun 2011, 8:00 am
As Jack Goldsmith notes in a superb recent post, the two standards are not only interrelated, the former was intended to be broader than the latter: [T]he House Report to the WPR says that "hostilities" was a substitute for "armed conflict" under the laws of war and was meant to have a broader meaning. [read post]
18 Jun 2011, 7:50 am
Beginning with Jack Goldsmith’s tenure, OLC began to assume a more traditional role and, as a consequence, OLC issued some opinions that were definitely contrary to what the White House wanted to hear. [read post]
17 Jun 2011, 7:38 pm
Former Bush OLC head Jack Goldsmith, on the other hand, finds the Administration’s position “aggressive” and unpersuasive. [read post]
17 Jun 2011, 8:20 am
Consider Jack Goldsmith's reaction to the Administration's arguments: The administration? [read post]
16 Jun 2011, 5:02 am
Update: Jack Goldsmith has a detailed critique of this latest move here. [read post]
27 May 2011, 11:16 am
As I think I can safely say based on past discussions (not to mention recent posts), neither Bobby Chesney, nor Ben Wittes, nor Jack Goldsmith, nor Marty Lederman, nor I (all oft-times on opposing sides of these issues) think such a ban is a good idea. [read post]
27 May 2011, 10:20 am
As I think I can safely say based on past discussions (not to mention recent posts), neither Bobby Chesney, nor Ben Wittes, nor Jack Goldsmith, nor Marty Lederman, nor I (all oft-times on opposing sides of these issues) think such a ban is a good idea. [read post]
20 May 2011, 3:11 pm
Harvard Law School hired Jack Goldsmith ’89JD, outspoken critic of the grander claims of international human rights law. [read post]
12 May 2011, 8:52 pm
Includes short policy essays on a wide array of national security topics from Ben Wittes, Jack Goldsmith, Jessica Stern, Philip Bobbitt, Tod Lindberg, Matthew Waxman, and Kenneth Anderson. [read post]
1 May 2011, 11:56 pm
The Article seeks to apply the rich academic literature produced to date by such eminent scholars as Curtis Bradley, Jack Goldsmith, Harold Koh, and others to this new wave of transnational litigation. [read post]
29 Apr 2011, 6:22 am
The Article seeks to apply the rich academic literature produced to date by such eminent scholars as Curtis Bradley, Jack Goldsmith, Harold Koh, and others to this new wave of transnational litigation. [read post]
21 Apr 2011, 5:40 pm
You can see the rest of the essays here, by authors including Larry Lessig, Jack Goldsmith, Jamie Boyle, TIm Wu, and Stephen Morse, among others.The essays were designed to be read by a generalist audience, so they should be more readable than the usual legal academic mumbo-jumbo. [read post]
20 Apr 2011, 6:44 am
As Jack Goldsmith and Tim Wu have pointed out, governments ultimately have control over the persons (and servers) under their physical jurisdiction. [read post]
7 Apr 2011, 8:46 am
He's a crank, but at least he's a consistent crank.Jonathan Adler has this post at VC and links to this article by Jack Goldsmith. [read post]
6 Apr 2011, 8:22 pm
Given the longstanding practice of Presidential authorization of these sorts of actions without Congressional approval, and the consistent failure of Congress to respond in any meaningful fashion, I am not convinced that the President’s ordering of troops into harms way is a clear constitutional violation, and believe the arguments made by Jack Goldsmith (among others) on this point are not readily dismissed.If Congress objects to President Obama’s actions, it… [read post]
25 Mar 2011, 10:55 am
The second memo, written by Jack Goldsmith in May 2004 is more surprising, but to understand why, you need to know a little bit of recent history. [read post]
25 Mar 2011, 3:26 am
This seems to be the core of Jack Goldsmith’s important post in support of the President’s power that I mentioned earlier. [read post]
24 Mar 2011, 6:51 am
"Ten shifts Negus, drops local bulletin" http://j.mp/h8yaMl the atlantic wire explains "What's at Stake in the Google Books Ruling Other Than Books" http://j.mp/f0nfyw "The campaign against Libya is constitutional" says harvard professor jack goldsmith http://j.mp/hSPNgz siva vaidhyanathan says "The Google Books settlement should teach the company humility. [read post]
23 Mar 2011, 3:44 pm
In a post at Slate, Jack Goldsmith says that the Constitution’s original meaning in this area is “indeterminate. [read post]
23 Mar 2011, 7:30 am
ILYA SOMIN IS NOT ENTIRELY PERSUADED by Jack Goldsmith’s defense of the Libyan War’s constitutionality. [read post]
