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31 Oct 2020, 6:51 am
Howell shared an episode of the Lawfare Podcast, featuring an interview with Jack Goldsmith and Stephen Wertheim, deputy director of research and policy at the Quincy Institute for Responsible Statecraft about his new book on U.S. hegemonic militarism: Brandon Willmore, Amy Kapczynski and John Langford explored whether President Trump would be able to order the FDA to approve a treatment for unscientific reasons. [read post]
7 Sep 2017, 9:03 am
Once again, the Supreme Court’s recent per curiam orders should give the lower courts an opportunity to reassess their variable deference screens, and, in the words of Jack Goldsmith, “turn down the temperature. [read post]
27 Feb 2008, 8:53 pm
(For a real life example of this, see Jack Goldsmith's The Terror Presidency, a book premised in large part on the proposition that any US administration, keenly aware of its role as trustee of the safety of the American people, will believe it not just prudent but moral to do whatever it takes to ensure public safety. [read post]
10 Jan 2012, 8:29 pm
” UPDATE: Jack Goldsmith cautions that we should not assume that OLC was not consulted, though he urges. [read post]
15 Jan 2012, 6:33 pm
This position would be contrary to the traditional view, but it has gained at least some support since Professors Curtis Bradley and Jack Goldsmith first articulated it in the late 1990s. [read post]
8 Aug 2014, 2:25 pm
Harvard Law Professor Jack Goldsmith suggests that the president has the authority to launch airstrikes under the 2002 Authorization for the Use of Military Force against Iraq. [read post]
28 Oct 2010, 3:32 pm
” Scholars Jack Goldsmith and Lawrence Lessig said the U.S. [read post]
21 May 2010, 7:19 am
Jack Goldsmith and Neal Katyal (now the acting Solicitor General) propose a terrorism court. [read post]
4 May 2020, 1:53 pm
Mark ventures into even more contested territory in response to an article in The Atlantic by Jack Goldsmith and Andrew Woods, who argue that China has won the debate with John Perry Barlow over whether the Internet will be a force for free speech. [read post]
18 Sep 2011, 5:16 am
A copyright lawyer weighs in" http://j.mp/nfQAM3 #lwb486 a fascinating piece by jack goldsmith: "How Dick Cheney Reined in Presidential Power" http://j.mp/pwmpRD good news for creative commons: "Creative Commons Attribution-ShareAlike license enforced in Germany" http://j.mp/mOrklr #lwb486 this doesn't sound good but hopefully he will still play: "Lockyer Has Surgery But Could Still Play" http://j.mp/ppKE0F #nrl salon imagines a… [read post]
15 Oct 2008, 8:28 am
" We now know, however, that by 2004 the new head of OLC, Jack Goldsmith, was very reluctant to rely upon the Commander in Chief argument. [read post]
12 May 2010, 11:49 am
These included Adrian Vermuele and Jack Goldsmith from Chicago, and John Manning from Columbia. [read post]
14 Feb 2010, 3:28 am
Brown may yet be skewered by the Grand Inquisitioners at the Iraq Inquiry who will know that he does not have the slick eloquence of Tony Blair, the smooth lawyer skills of Lord Goldsmith or the King Richard III cunning of Jack Straw. [read post]
19 Oct 2007, 11:35 am
The book, in this case, is Jack Goldsmith's Terror Presidency. [read post]
29 Mar 2012, 4:06 am
(Hat tip to Jack Goldsmith, who flagged the Clarke article in Lawfare. [read post]
27 Jan 2016, 9:30 pm
His remarks, based on a forthcoming paper co-authored with fellow Harvard Law professor, Jack Goldsmith, identified separate interpretations that the Court has given the clause for five distinct purposes: To support the proposition that the president alone can fire officers; To keep complaints out of the judicial system; To defend the president’s use of prosecutorial discretion; To limit the president’s authority to suspend existing law; and To authorize the… [read post]
28 Apr 2008, 6:13 am
Hint: not Jack Goldsmith's The Terror Presidency (2007) or Charlie Savage's Takeover: The Return of the Imperial Presidency (2007). [read post]
25 Oct 2007, 10:53 pm
Immunity would only make sense, after all, if at a minimum it had been reasonable for the telecoms to rely on the Administration's legal justifications -- justifications that were, recall, so far beyond the pale that Jack Goldsmith immediately saw them as "a legal mess," repudiated them, and (along with dozens of other high-ranking DOJ political appointees) threatened to resign if the Administration continued to rely on them. [read post]
14 Mar 2011, 6:45 am
., John Bellinger here and Jack Goldsmith here), the confusion arises because, under the Supreme Court’s decision in Hamdan v. [read post]
3 Sep 2011, 3:15 am
The defendants hired expensive lawyers (including Alan Dershowitz and Jack Goldsmith), and filed a motion to dismiss the case on grounds of political question, and immunity, arguing as well that “disproportionate use of force” was not a clearly defined violation of the law of nations. [read post]
