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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]
26 Feb 2010, 6:45 pm
Stuart Taylor has responded to my post earlier today, and I have added his response as an update to that earlier post (I think it's easier on the reader to see them in one place). [read post]
31 Jul 2008, 11:45 am
That includes not only officials within the Executive branch who are very strong defenders of executive prerogatives, such as Jim Comey, Jack Goldsmith, Pat Philbin, Peter Keisler, numerous JAG lawyers, including Alberto Mora and Tom Romig, various Republican U.S. [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]
7 Dec 2011, 11:38 am
(Lawfare, a project of the Brookings Institution and Harvard Law School, and founded by Benjamin Wittes, Robert Chesney, and Jack Goldsmith, is the go-to online daily journal on national security law; careful, measured, never crazy, and scrupulous about separating objective description from prescriptive comment. [read post]
22 Apr 2020, 1:13 pm
Jack Goldsmith, “the Henry L. [read post]
20 Dec 2011, 4:04 pm
I have come round to agree with something Jack Goldsmith said over at Lawfare a couple of months ago, that as far as international law goes, there is not that much more to be said that hasn’t already been said. [read post]
29 May 2009, 12:41 am
However, Attorney General Goldsmith warned Prime Minister Blair in 2003 that the invasion of Iraq could lead to possible prosecution for the crime of aggression because it was recognized by customary international law and therefore imported into the domestic law, a notion later affirmed by the House of Lords in R v. [read post]
5 Mar 2010, 3:01 pm
” Perhaps recognizing this, Samantar relied primarily on a different theory, not yet adopted by any court but advanced by Curt Bradley and Jack Goldsmith in a recent Green Bag article on the FSIA: namely, that a suit against a state officer for his or her official acts should be treated as a suit against the state itself. [read post]
30 Jul 2023, 1:27 pm
Goldsmith, 598 U.S. ___, 143 S. [read post]
11 Jul 2018, 9:00 pm
As Professor Jack Goldsmith succinctly summarized: Kennedy’s progressive votes on social issues and the death penalty, and his rejection of constitutional originalism, camouflaged the reality that he usually voted with the right side of the Court. [read post]
2 Jul 2010, 7:57 am
Jonathan Adler at the Volokh Conspiracy commends Professor Jack Goldsmith, a witness for the Democrats, for telling the Committee yesterday that the “decision to nominate a highly qualified individual who swims in the broad mainstream of American legal life – a description that Kagan easily satisfies – warrants deference from the Senate. [read post]
22 Apr 2024, 5:35 am
(In our Atlantic essay, we address and strongly reject those like Jack Goldsmith who contend otherwise.) [read post]
7 May 2010, 12:55 pm
She did this in part by pushing for the hiring of top conservative scholars like Jack Goldsmith and John Manning. [read post]
9 Jun 2015, 1:58 pm
” For this reason I disagree with Professor Jack Goldsmith, writing at Lawfare, who sees the case as an important win for the executive. [read post]
22 Apr 2007, 11:19 pm
In the cyberlaw literature, the arguments for why this matters are set out most explicitly in Benkler, Wealth of Networks; Lessig, Free Culture; and in the work of Jack Balkin and Terry Fisher (broadly, the literature of semiotic democracy and the Net). [read post]
5 Mar 2010, 9:02 am
” Perhaps recognizing this, Samantar relied primarily on a different theory, not yet adopted by any court but advanced by Curt Bradley and Jack Goldsmith in a recent Green Bag article on the FSIA: namely, that a suit against a state officer for his or her official acts should be treated as a suit against the state itself. [read post]
21 Oct 2006, 12:15 am
This latter segment in particular helps to explain why Schmitt often seems so uncannily similar to current day Neoconservative writers like John Yoo, Jack Goldsmith and Eric Posner whose analysis is clearly indebted to Morgenthau. [read post]
21 Jul 2012, 8:20 am
So the normative question that Jack Goldsmith and I have been discussing (here, here, and here), is now more or less moot. [read post]
13 Jul 2022, 11:12 am
Another set of principles for a new AUMF from Ben Wittes, Bobby Chesney, Jack Goldsmith, and Matt Waxman at Lawfare, coincidentally released on the same day in Nov. 2014, explicitly endorsed a three-year sunset to “forc[e] Congress to make an affirmative decision as to whether, and how, it wants its blessing to continue. [read post]
