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24 Dec 2009, 4:26 pm
(UPDATE: This op-ed by Jack Goldsmith, former OLC head, gives you some idea of how the policy choice looks from the government's perspective.) [read post]
6 Aug 2008, 10:40 pm
The September 2008 issue of Presidential Studies Quarterly will have an interesting review of Bailey, Jack Goldsmith, The Terror Presidency, and other recent works on executive power. [read post]
12 Feb 2007, 9:49 pm
Mass. 2006) Books Bruce Ackerman, The Failure of the Founding Fathers: Jefferson, Marshal and the Rise of Presidential Democracy (Belknap 2005) Jack Goldsmith & Tim Wu, Who Controls the Internet: Illusions of a Borderless World (Oxford 2006) Geoffrey Robertson, The Tyrannicide Brief: The Story of the Man Who Sent Charles I to the Scaffold (Pantheon 2006; Chatto & Windus 2005) Benjamin Wittes, Confirmation Wars: Preserving Independent Courts in Angry Times (Rowman &… [read post]
5 Jan 2023, 5:00 am
Harvard Law School professor Jack Goldsmith and University of Arizona law professor Andrew Keane Woods declared that “China was right” on the need for censorship of the Internet. [read post]
2 Sep 2011, 9:20 am
(Jack Goldsmith served as defense co-counsel.) [read post]
24 Mar 2012, 10:58 am
In other posts, Kevin Heller found Jack Goldsmith’s admission in a Foreign Policy editorial that the “unwilling or unable”-test for self-defence against a non-state actors is not “settled in international law” refreshing. [read post]
3 Oct 2007, 10:49 pm
The opinions are classified and while the article is filled with anecdotal quotes from former officials praising former DOJ officials like Comey and former Associate White House Counsel Jack Goldsmith, and criticizing David Addington and Alberto Gonzales, it's short on specifics. [read post]
2 Dec 2020, 4:27 am
[For more, see this “smorgasbord of views on self-pardoning” collected by Jack Goldsmith.] [read post]
5 Jan 2010, 1:37 pm
., this op-ed by Ben Wittes and Jack Goldsmith), Judge Brown seems to think that there is little for courts to do in the interim--that "common law habeas" is not the appropriate forum within which to have these rules articulated by courts. [read post]
26 Jun 2008, 8:42 am
As Jack Goldsmith reports in his book, the very first thing he decided when he arrived at OLC in October 2003 was that the Fourth Geneva Convention did protect Iraqi civilians -- a decision that hocked and dismayed the White House. [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]
5 Mar 2011, 5:55 am
"--Jack Goldsmith, Professor of Law, Harvard Law School, and author of The Terror Presidency "In a relentlessly challenging attack on Madisonian pieties, Posner and Vermeule use contemporary examples to argue with verve and style that only politics can realistically check the inevitable dominance of the modern executive. [read post]
26 Jul 2007, 11:51 am
" {For more detail on how the program might have been much broader before the Goldsmith/Comey resistance, see here.)5. [read post]
7 Nov 2010, 5:34 pm
Here the more interesting question arises if one accepts the heretical view--put forward some years ago by Curtis Bradley and Jack Goldsmith--that customary international law is law only as state common law. [read post]
2 Jun 2010, 6:51 am
As I bask in the glow of not having a single Justice in Samantar accept the theory of the FSIA that Jack Goldsmith and I had proposed, the following thoughts occur to me: 1. [read post]
5 May 2009, 12:45 pm
David Addington famously challenged Jack Goldsmith's decision to withdraw the torture memos by telling him he would have blood on his hands after the next terrorist attack. [read post]
31 Oct 2007, 1:59 am
More importantly, perhaps, and as the Senate Intelligence Committee Report itself suggests, during the period in 2004 when Jim Comey and Jack Goldsmith were threatening to resign because the NSA program was so patently unlawful, the certifications to the telcoms were signed not by the AG, or by the Acting AG, but by White House Counsel Alberto Gonzales. [read post]
2 Jun 2010, 5:42 pm
Although Curt Bradley’s post magnanimously notes that his position lost 9-0 in Samantar, it would be wrong to see the decision as a defeat for Curt and his co-author Jack Goldsmith. [read post]
6 Jul 2011, 11:07 am
Implementing last month’s decision of the North Atlantic Treaty Organization (NATO) and International Security Assistance Force (ISAF) to establish a Rule of Law Field Support Mission in Afghanistan—first reported by Jack Goldsmith here—NATO and ISAF on Monday held a simple ceremony in Kandahar to activate the new organization. [read post]
7 Dec 2010, 7:44 am
Update: Larkin Reynolds at Lawfare offers a bunch of snippets from the opinion; also at Lawfare, Bobby Chesney offers an objective outline, sans commentary, of the quite long opinion, and Jack Goldsmith and Ben Wittes weigh in with commentary. [read post]
