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23 Feb 2012, 3:50 pm
Indeed, Wittes does not even bother to defend the Yoo-like memo written by his co-blogger, Jack Goldsmith, that the Court of Appeals repudiated in its first decision and repudiates again in this one. [read post]
28 Jan 2011, 3:46 pm
This is a constant theme for Ben, Jack Goldsmith, Bobby Chesney, and lots of other people (including me, in a short New York Times magazine piece in 2006, “It’s Congress’s War, Too,” which says it all). [read post]
11 Dec 2014, 6:30 pm
(On Lawfare, Jack Goldsmith covered Senator Paul’s draft declaration, and accompanying authorization of force, here and here.) [read post]
1 Apr 2010, 9:16 pm
(Peter Zura's 271 Patent Blog) (EDTexweblog.com) District Court E D Texas: Complaint lacking identification of infringing act or direct infringer failed to state a claim: Bedrock Computer Technologies, LLC v Softlayer Technologies, Inc et al (Docket Report) (EDTexweblog.com) US Patents – Lawsuits and strategic steps Apple – ITC institutes investigation regarding certain personal data and mobile communications devices based on compliant by Apple and NeXT against HTC (ITC 337… [read post]
20 Apr 2011, 6:44 am
As Jack Goldsmith and Tim Wu have pointed out, governments ultimately have control over the persons (and servers) under their physical jurisdiction. [read post]
2 Sep 2013, 4:21 am
This is a complicated issue: on the one hand, it may signal weakness both to Congress and to other nations; on the other hand, if he obtains congressional authorization, he may be in an ultimately stronger political position, as Jack Goldsmith has pointed out. [read post]
30 Jan 2015, 8:49 am
As Jack Goldsmith has argued here, contemporary conflicts have revealed that the distinction between war and peace is often quite useless. [read post]
29 May 2012, 8:14 am
As Jack Goldsmith has pointed out in his new book, Power and Constraint, targeted killing and drone warfare are likely to be the next “detention and interrogation” ground of de-legitimation in the broader argument over counterterrorism. [read post]
4 Jan 2013, 8:00 am
(Some aspects this story have been previously discussed in articles by Jack Goldsmith.) [read post]
1 Aug 2007, 1:54 pm
Senior conservative officials in the Justice Department — most notably Jack Goldsmith — had apparently released on official legal opinion that the NSA surveillance was unlawful. [read post]
15 Mar 2012, 6:12 am
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]
10 Nov 2014, 7:08 am
Our latest podcast features Jack Goldsmith at an event over at the Hoover Institution, addressing President Obama’s war powers legacy. [read post]
29 Oct 2022, 5:57 am
” An article published in The Atlantic by Harvard law professor Jack Goldsmith and University of Arizona law professor Andrew Keane Woods called for Chinese-style censorship of the internet, stating that “in the great debate of the past two decades about freedom versus control of the network, China was largely right and the United States was largely wrong. [read post]
31 Oct 2014, 2:09 pm
ICYMI: Yesterday, on Lawfare Jack Goldsmith provides his view on “How the Supreme Court Should Resolve Zivotofsky. [read post]
5 Mar 2012, 7:18 am
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]
20 Jun 2022, 3:43 am
Jack Goldsmith realizes this. [read post]
26 Aug 2017, 4:38 am
A more useful lesson came from Jack Goldsmith: But it shows, again, how much our constitutional structure assumes a minimally conscientious, responsible, ethical POTUS, which we lack. [read post]
20 Feb 2023, 5:00 am
In an Atlantic article in 2020, for example, Harvard Law School professor Jack Goldsmith and University of Arizona law professor Andrew Keane Woods declared that “in the great debate of the past two decades about freedom versus control of the network, China was largely right and the United States was largely wrong. [read post]
22 Jan 2010, 11:03 am
It is clear that jihadist recruitment is extending to US citizens, and, as Jack Goldsmith says in a recent book chapter, in defining the universe of people subject to administrative detention, it "should extend to US citizens as well as aliens. [read post]
27 Jun 2017, 4:22 am
Commentary comes from Garrett Epps in The Atlantic, Noah Feldman at Bloomberg View, Aaron Blake in The Washington Post, Ruthann Robson at the Constitutional Law Prof Blog, Jack Goldsmith at Lawfare, Ryan Lockman at Lock Law Blog, Ilya Shapiro at the Cato Institute’s Cato at Liberty blog, Richard Primus at Politico Magazine, Michael Bobelian at Forbes, Adam Cox at Just Security, Shoba Wadhia at the ACS Blog, Rick Hasen at the Election Law Blog, Josh Blackman at his eponymous… [read post]