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3 Apr 2012, 1:00 pm by Benjamin Wittes
Earlier today, I had the pleasure of visiting Professor Jack Goldsmith’s “Foreign Relations Law” class, which is studying Hamdan v. [read post]
3 Apr 2012, 11:20 am by Deborah Pearlstein
Jack Goldsmith has been making that causal claim on the speaking circuit for his new book, Power and Constraint: The Accountable Presidency After 9/11. [read post]
15 Mar 2012, 6:12 am by Chester Brown
There is much to comment on from the various case studies, and although Professor Cheng claims to take a politically moderate view (p. 16), some will have their eyebrows raised by, or take exception to, his extensive criticism of the ICJ’s judgment in the Nicaragua case (pp. 141-162); the suggestion that the award of the NAFTA tribunal in Loewen v United States is in part defensible as it “reduc[ed] the risk that the United States would withdraw from… [read post]
7 Mar 2012, 5:51 am by Susan Brenner
Lugashi stated that other California courts . . . had previously rejected similar claims, as had a majority of other state courts and some federal courts. . . . [read post]
2 Mar 2012, 10:10 am by Thomas G. Heintzman
See Heintzman and Goldsmith on Canadian Building Contracts (4th ed), chapter 1, part 1(f) Building Contracts   –   Tenders  –   Exclusion Clause Roy v. 1216393 Ontario Inc, 2011 BCCA 500 Thomas G. [read post]
2 Mar 2012, 6:00 am
She objected for lack of foundation, hearsay, and violation of the right of confrontation stated in Melendez-Diaz v. [read post]
28 Feb 2012, 3:24 am by tracey
Court of Appeal (Civil Division) Decisions MD (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 194 (28 February 2012) Goldsmith v Patchcott [2012] EWCA Civ 183 (27 February 2012) Coventry (t/a RDC Promotions & Anor v Lawrence & Ors [2012] EWCA Civ 26 (27 February 2012) High Court (Chancery Division) Decisions Various Claimants v News Group Newspapers Ltd & Anor [2012] EWHC 397 (Ch) (27 February 2012) Source:… [read post]
5 Feb 2012, 8:42 am by Thomas G. Heintzman
  See Heintzman and Goldsmith on Canadian Building Contracts (4th ed.), Chapter 10, part 3. [read post]
5 Feb 2012, 8:05 am by Tom Heintzman
  See Heintzman and Goldsmith on Canadian Building Contracts (4th ed.), Chapter 10, part 3. [read post]
23 Jan 2012, 12:55 pm by Kenneth Anderson
 Lawfare’s Steve Vladeck explains and comments: Jack [Goldsmith] just flagged the Fourth Circuit’s unanimous 39-page opinion throwing out Lebron v. [read post]
14 Jan 2012, 9:00 pm by Thomas G. Heintzman
  That issue arose from the important recent decision of the Prince Edward Island Court of Appeal in WCI Waste Conversion Inc. v. [read post]
12 Jan 2012, 2:58 pm by Benjamin Wittes
 The Supreme Court has developed this concept further since Youngstown; the most frequently cited case is Dames & Moore v. [read post]
31 Dec 2011, 1:48 pm by Steve Vladeck
The Counterargument of Judges Brown and Kavanaugh In a 2010 case, al-Bihani v. [read post]
31 Dec 2011, 1:20 pm by Marty Lederman
The Counterargument of Judges Brown and Kavanaugh In a 2010 case, al-Bihani v. [read post]