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13 Dec 2010, 9:36 am
Having Trouble Tying Assange to Manning :: Jack Goldsmith, Seven Thoughts on Wikileaks [read post]
11 Dec 2010, 6:39 pm
Don’t worry, it’s not another prolix post from me, just commentary on Jack Goldsmith’s Seven Thoughts on Wikileaks and Lovink & Riemens’s Twelve theses on WikiLeaks. [read post]
10 Dec 2010, 2:29 pm
by Kevin Jon Heller Jack Goldsmith and I don’t agree with each other very often, so it’s worth noting that we have essentially the same reaction to WikiLeaks. [read post]
7 Dec 2010, 8:13 am
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]
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]
29 Nov 2010, 8:54 pm
When WikiLeaks contacted the State Department in what Jack Goldsmith calls an attempt to “mitigate the harms of publication of the documents to individuals,” State Department legal advisor Harold Koh responded with a letter saying the leaked cables “place at risk the lives of countless innocent individuals,” “place at risk on-going military operations,” and “place at risk on-going cooperation between countries. [read post]
23 Nov 2010, 2:09 pm
In a Washington Post op-ed, Benjamin Wittes and Jack Goldsmith argue that Ghailani illustrates the risks of bringing terrorism suspects to trial—the main risk being that the government cannot guarantee the outcome. [read post]
23 Nov 2010, 6:14 am
” See Judge Jack B. [read post]
19 Nov 2010, 11:56 am
And I don't have a conclusive view as to whether this result was a win for the government, but I'm inclined to think that the result is not such a good one for the government, and that Wittes and Jack Goldsmith are right that it's just better to use military detention to incapacitate the other high value detainees rather than prosecute them in any forum. [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]
6 Nov 2010, 4:31 am
Jack L. [read post]
5 Nov 2010, 11:26 am
Jack L. [read post]
28 Oct 2010, 3:32 pm
” Scholars Jack Goldsmith and Lawrence Lessig said the U.S. [read post]
23 Oct 2010, 4:58 am
The Article also reframes the ongoing and contested scholarly debate between Professors Curtis Bradley, Jack Goldsmith, Harold Koh, and others regarding the application of Erie to customary international law in light of Erie’s application in private international law cases. [read post]
19 Oct 2010, 8:09 am
The Article also reframes the ongoing and contested scholarly debate between Professors Curtis Bradley, Jack Goldsmith, Harold Koh, and others regarding the application of Erie to customary international law in light of Erie’s application in private international law cases. [read post]
18 Oct 2010, 5:49 pm
by Kevin Jon Heller Jack Goldsmith has responded to my post about the D.C. [read post]
3 Oct 2010, 5:30 pm
In February, I had this post on the question of whether Justices Stevens and Ginsburg would retire, who would be nominated, and what the vote would be. [read post]
28 Sep 2010, 5:18 pm
UPDATE: Jack Goldsmith responds to my post by arguing that it “is not right to claim that those who support the President’s authority to make such decisions free from judicial review do not believe in legal constraints on the presidency. [read post]
28 Sep 2010, 9:18 am
It’s not just a check the box consideration, a pro forma nod to a co-equal political branch; as Jack Goldsmith pointed out in The Terror Presidency, it is a good idea all on its own for plans hatched in a hermetically sealed executive branch environment to be presented to a group of legislators if only so that there is a broad based review on grounds of basic common sense. [read post]
28 Sep 2010, 8:41 am
This of course is part of a general meme pursued by people like me, Ben Wittes, Jack Goldsmith, Bobby Chesney, and oth [read post]
