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2 Jul 2018, 4:07 am
”It’s especially disappointing that Justice Kennedy went along with this charade, because his vote to reverse the preliminary injunction—the vote that decided the case—betrayed each one of the core principles that Jack Goldsmith rightly describes as the pillars of his jurisprudence over the past 30 years and his (desired) legacy: honoring the dignity of all persons; preserving liberty; and enshrining a “robust conception of judicial power” to check… [read post]
3 Jan 2020, 1:49 pm
As Jack Goldsmith has previously pointed out, OLC has thus far declined to revoke at least two opinions from shortly after the September 11 attacks that assert even broader views of the president’s Article II authority in at least certain circumstances. [read post]
10 Dec 2020, 11:34 am
(Jack Goldsmith and Curtis Bradley previously analyzed the constitutional issues surrounding executive power and unilateral withdrawal from NATO.) [read post]
27 Mar 2013, 10:15 am
What does that mean?" [read post]
4 Oct 2019, 2:35 pm
The firm does not contend that there is general or specific personal jurisdiction over the Carrascos. [read post]
12 Aug 2011, 2:55 am
Although he singles me out as a central example of the position he criticizes, Lash's paper does not really engage very well with my arguments about enumerated powers. [read post]
28 Jan 2024, 4:48 pm
What does Florida’s law actually say? [read post]
13 Jul 2009, 6:36 pm
In a later post, I buttressed my argument with support from two great constitutional thinkers, Yale University Law Professor Jack Balkin and Chief Justice Joseph Story, who succeeded John Marshall: Professor Jack Balkin, of Balkinization, issued a paper recently that had similar thoughts, much better expressed of course: This article argues that the debate between originalism and living constitutionalism offers a false dichotomy. [read post]
30 Aug 2011, 6:24 am
In recent years, these ideas have been given renewed attention in work by Jack Rakove, Joseph Lynch, Jack Balkin, Kurt Lash, Robert Cooter & Neil Siegal, and many other writers, including my friend and colleague Randy Barnett. [read post]
28 Sep 2015, 1:41 pm
If any one can, this one does. [read post]
7 Jul 2024, 9:05 pm
Chief Justice Roberts recites the Special Counsel Jack Smith’s allegations but somehow fails to grasp their main meaning. [read post]
2 Jan 2011, 6:38 am
Friend and fellow law blogger and skeptic, Jack of Kent, might say that such a statement is ‘misconceived’ and, possibly, ‘illiberal’. [read post]
9 Feb 2024, 6:00 am
Indeed, the emergence of these new networks raises in the minds of some observers the question: Just where does the ACH fit in the payments landscape going forward? [read post]
3 Apr 2024, 5:06 am
After an appeals court decision gave Special Counsel Jack L. [read post]
3 Aug 2012, 5:00 pm
Mr Denneen agrees that the bubble will burst, though he does not say “messily”. [read post]
29 Jul 2016, 3:34 am
I don’t think that will happen, but if it does, we’ll have enough blog fodder to last us until I die. [read post]
24 May 2016, 9:53 am
In its effort to refute the weight of evidence of the history made at Maxwell’s Field, the IAS hired a historian, Mark Peterson — who does not specialize in military history or the American Revolution — for the purpose of disputing the widely accepted facts. [read post]
21 Oct 2018, 1:00 am
Lastly, make sure your child’s mask or hat does not block their field of vision. [read post]
9 Oct 2023, 2:36 pm
Chesebro’s alleged conduct was unlawful under federal election law, which therefore does not preclude prosecution of that conduct under state criminal statutes. [read post]
24 Oct 2023, 12:50 pm
” Wayne Police Chief Jack McNiff cited several repeat offenders that have avoided jail time despite dozens of arrests, and some with more than 200 encounters with the police in the span of just a few years. [read post]