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29 Mar 2012, 4:06 am by Stewart Baker
(Hat tip to Jack Goldsmith, who flagged the Clarke article in Lawfare. [read post]
28 Mar 2012, 5:03 pm by Glenn Reynolds
That’s something I wrote about in the Stanford Law & Policy Review in connection with Jack Goldsmith and Tim Wu’s book on Internet governance. [read post]
24 Mar 2012, 10:58 am by An Hertogen
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]
22 Mar 2012, 6:37 am by Mike Scarcella
That’s the theme former DOJ official Jack Goldsmith explores in his latest book, “Power and Constraint: The Accountable Presidency After 9/11. [read post]
20 Mar 2012, 4:43 pm by Kevin Jon Heller
by Kevin Jon Heller Jack Goldsmith has an editorial today at Foreign Policy defending the legality of drone strikes. [read post]
20 Mar 2012, 8:30 am by Jessica Dorsey
In other drone news, Jack Goldsmith opines at Foreign Policy about the legality of the use of drones in the conflict with al-Qaeda. [read post]
19 Mar 2012, 7:29 pm by Glenn Reynolds
I’m not sure I buy Jack Goldsmith’s thesis that presidents today are actually more limited in their authority than they used to be — though I’m not sure it’s wrong, either — but these kinds of orders are not evidence of a new form of tyranny. [read post]
19 Mar 2012, 1:45 pm by Benjamin Wittes
However, as Jack Goldsmith notes in his new book, Power and Constraint, secrecy also has adverse ex ante effects on government decision making. [read post]
15 Mar 2012, 6:12 am by Chester Brown
He also offers a fresh perspective on the debate most recently revisited by Jack Goldsmith and Eric Posner, Andrew Guzman, and Mary Ellen O’Connell, arguing that it is more productive to ask what decision-makers should do about law, than what law requires of decision-makers (p. 296). [read post]
13 Mar 2012, 11:28 am by Tai-Heng Cheng
Eric Posner and Jack Goldsmith explicitly state in The Limits of International Law: We do not make fine grained predictions. . . . [read post]
12 Mar 2012, 2:34 pm by Suzanne Ito
ACLU Executive Director Anthony Romero debated Harvard Law School Professor Jack Goldsmith, who worked in George W. [read post]
12 Mar 2012, 11:31 am by Julian Ku
At the same time, policy-oriented jurisprudence has little tolerance for strict realists (personified here by Professors Jack Goldsmith and Eric Posner) who reject any moral basis for following international law. [read post]
12 Mar 2012, 10:14 am by The Book Review Editor
  As Jack Goldsmith suggests in The Terror Presidency, the Bush administration advanced its arguments regarding executive power with something of a “theological” ardor that sometimes even trumped political consequences. [read post]
9 Mar 2012, 6:58 am by Michelle Pearse
The Harvard Bookstore is hosting an event for Professor Jack Goldsmith’s Power and Constraint: The Accountable Presidency After 9/11 on March 19th, 6:00pm at the Brattle Theatre. [read post]
6 Mar 2012, 8:03 am by Kenneth Anderson
  One might also add that the amicus brief drafted by Jack Goldsmith in support of defendant corporation Shell seems to have had an effect; Goldsmith and his amicus brief were mentioned by name in the oral argument. [read post]
6 Mar 2012, 7:22 am by Kenneth Anderson
  One might add that the amicus brief drafted by Harvard Law School’s Jack Goldsmith in support of defendant corporation Shell has had an effect; Goldsmith and his amicus brief were mentioned by name in the oral argument. [read post]
5 Mar 2012, 7:18 am by Julian Ku
Peter Berkowitz of the Hoover Institution offers this argument in favor of the legality of Israel’s attack drawing from the doctrine of “preemptive” self defense (h/t Jack Goldsmith at Lawfare). [read post]