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12 May 2010, 4:10 pm
Posner is surely the only judge who's ever written a major book entitled "Overcoming Law," another book much worth discussing, as are recent books written by such denizens of the Harvard faculty as Laurence Tribe, Charles Fried, Adrian Vermeule, Mark Tushnet, and Jack Goldsmith, the last three of whom were hired during her Deanship. [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]
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]
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 Dec 2020, 4:27 am
[For more, see this “smorgasbord of views on self-pardoning” collected by Jack Goldsmith.] [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]
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]
20 Dec 2014, 7:00 am
Later, Jack Goldsmith the attribution problems in the Sony attack and its connection to domestic surveillance. [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]
9 Mar 2009, 6:36 am
Lawyers like Jack Goldsmith and Steven Bradbury have repudiated it, sometimes at personal cost to themselves. [read post]
3 Apr 2020, 5:00 am
On the heels of the indictment of a China-backed hacking group in December 2018, Jack Goldsmith and Robert Williams presented a compelling case that U.S. attempts to leverage legal action against Chinese hackers affiliated with the country’s security and defense organizations had failed to deter Chinese theft of intellectual property and trade secrets. [read post]
3 Oct 2017, 9:41 pm
A key source of this approach is Curt Bradley’s and Jack Goldsmith’s article exploring the 2001 congressional authorization for the use of force. [read post]
12 Apr 2016, 12:46 pm
A host of commentators (respectively, Ashley Deeks, Jack Goldsmith, Daniel Bethlehem, Goldsmith again, Fionnuala Ní Aoláin and Marty Lederman) have weighed-in on why Egan’s definition of “imminence” may seem familiar. [read post]
19 Feb 2020, 7:23 am
A second reason is that, as Curtis Bradley and Jack Goldsmith have explained, “the executive branch has not organized itself internally to ensure that all agreements are deposited in a central location in the State Department. [read post]
12 Feb 2008, 2:59 pm
Opponents and even former Justice Department lawyer Jack Goldsmith says those arguments are flimsy, and that the president's wartime powers to wiretap inside the United States are curtailed by the Foreign Intelligence Surveillance Act. [read post]
6 Apr 2012, 1:58 pm
At Balkinization, Jack Balkin criticizes Judge Smith for requesting the memo; at the Washington Post, Charles Krauthammer criticizes President Obama’s comments about the Court; at Lawfare, Jack Goldsmith steps back and comments that “[j]ust about every player in connection with the President’s remarks about the Supreme Court seem to me to be acting oddly or imprudently. [read post]
21 May 2015, 11:05 am
Some of my book’s analysis was directly inspired by Jack Goldsmith’s Power and Constraint. [read post]
3 Mar 2015, 7:30 am
I want to note here the parallel between my point and an argument articulated by Jack Goldsmith in a different context (with which Ben agreed last Thursday in his testimony before the House Committee on Armed Services). [read post]
12 Apr 2018, 3:34 pm
Jack Goldsmith has mapped “the cycles of panicked reactions” to fears that Trump might fire Rosenstein, Mueller or Attorney General Jeff Sessions. [read post]
12 Apr 2018, 3:34 pm
Jack Goldsmith has mapped “the cycles of panicked reactions” to fears that Trump might fire Rosenstein, Mueller or Attorney General Jeff Sessions. [read post]
