Search for: "David Golove"
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1 Jul 2014, 9:05 pm
U.S. ruling was a letdown, notably absent was a liberal concurrence defending broad treaty power against critique of Thomas, Scalia et al [Noah Feldman, Bloomberg View, Peter Spiro/Opinio Juris, Julian Ku and John Yoo, David Golove And Marty Lederman] Think before you ratify: in controlled experiment, framing proposed change in domestic law as “required by human rights treaty” boosted support especially among Republicans [Spiro/OJ; more on international human rights… [read post]
4 Jun 2014, 5:25 am
Steven Mazie summarizes the case for The Economist, while at Just Security, David Golove and Marty Lederman weigh in on the case. [read post]
22 May 2014, 7:44 am
Elaborating arguments developed by Larry Tribe, they may insist that only treaties, approved by two-thirds of the Senate, serve as constitutionally appropriate vehicles for such agreements – thereby making it much tougher to get passed into law.To parry this threat, free-market conservatives will emphasize post-New Deal transformations that gave popular legitimacy to this Article one detour around the Treaty Clause, relying on the narrative that David Golove and I provide in… [read post]
4 Nov 2013, 10:27 am
And, as I argue in an amicus brief filed in the Bond case on behalf of myself, David Golove and John Mikhail, the Court's Necessary and Proper holding in Holland reflected a well-settled and virtually uncontroverted constitutional understanding in all three branches and among commentators long before Holland. [read post]
4 May 2012, 1:00 pm
If you checked in on the blog’s Facebook page this week, you saw suggested reading on International law including Jenny Martinez’s new book, The Slave Trade and the Originsof International Human Rights Law, David Golove and Daniel Hulsebosch’s article “A Civilized Nation: the Early American Constitution, the Law ofNations, and the Pursuit of International Recognition,” and this post from last year by Ben Coates on “Law, Expertise, and… [read post]
4 May 2012, 11:32 am
Holland (many citations here to Curt Bradley, David Golove, and other lawprofs), Judge Jordan’s majority opinion concludes: Whatever the Treaty Power? [read post]
2 Feb 2012, 6:52 am
– Law), The Court’s Fateful Error in Ex parte Quirin, the Nazi Saboteur CaseApril 20, 2012: David Golove (New York Univ. [read post]
6 Sep 2011, 11:30 am
Professor David Golove’s contribution asserting that post-9/11 Supreme Court “War on Terror” decisions are consistent with what he called our “Just War constitutional tradition” drew significant attention. [read post]
3 Aug 2011, 12:00 pm
Smith Seminar, “The Constitution: A Cosmopolitan Examination,” to be led by Thomas Bender and David Golove. [read post]
27 Jul 2011, 12:28 pm
by David Golove I want to thank the editors of Opinio Juris for hosting this forum and inviting me to participate, the editors of the Volume under review for their magnificent work in putting together such an impressive and comprehensive set of essays, and Andrew Kent for his thoughtful response to my contribution to the Volume. [read post]
27 Jul 2011, 6:16 am
This post responds specifically to Andrew Kent’s skeptical reaction to David Golove’s claim that the judiciary had an active role in policing executive branch compliance with the laws of war. [read post]
26 Jul 2011, 6:22 pm
In his lead essay, David Golove constructs a counter-narrative in which the Court's decisions in Hamdi, Hamdan, and Boumediene to expand detainee rights, expand judicial oversight, and overrule Executive treaty interpretations, "actually have stronger roots in traditional constitutional doctrine than has been widely appreciated. [read post]
26 Jul 2011, 2:30 pm
Toward the end of this volume, David Golove offers an intriguing essay ("The Supreme Court, the War on Terror and the American Just War Tradition") which argues, among other things, that the Court's recent rulings on detainee rights in Guantanamo should be seen as, in some way, extensions of early American experience where "many of the most delicate and controversial questions under the laws of war were subject to judicial resolution in prize proceedings. [read post]
26 Jul 2011, 7:04 am
Parroting the format of Part V of the book, I’ve decided to post something in the nature of an additional “response essay” to David Golove’s fascinating essay on “The Supreme Court, the War on Terror, and the American Just War Constitutional Tradition. [read post]
19 Jul 2011, 6:39 am
Supreme Court of the twenty-first century David Golove, The Supreme Court, the war on terror, and the American just war constitutional tradition [read post]
13 Mar 2011, 9:04 pm
Smith seminar for fall 2011, "The Constitution: A Cosmopolitan Examination," led by Thomas Bender of New York University and David Golove of the New York University School of Law. [read post]
1 Sep 2010, 9:57 am
David M. [read post]
31 Aug 2010, 10:31 pm
David M. [read post]
9 May 2010, 3:36 am
That framework of thought is much in the same spirit of the effort David Golove and I have been pursuing (see here and here) to develop intermediate approaches that resist the all-or-nothing, "war" or "crime" debate that for too long has polarized discussions of counterterrorism policies. [read post]
16 Apr 2010, 11:56 am
(Kenneth Anderson) Rick Pildes and David Golove have a calm, reasoned discussion at Balkinization on ways to deal with terrorism related detentions and trials. [read post]
