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27 Mar 2008, 2:21 pm
(Ironically, as Jack Goldsmith relates in his book, The Terror Presidency, government lawyers who had expressed doubts about the legality of the program had won the day, and were working to put the program on sounder legal footing, long before the story was published.) [read post]
13 Jun 2012, 2:34 pm
And, to be clear, it’s not like international lawyers have uniform views on this issue — I’m pretty sure Jack Goldsmith is much cooler to the treaty form than I am, but I still think he’d offer different or additional rationales than the one’s posed so far. 2) Outside of Russia, does anyone really want a treaty on cyber arms control? [read post]
29 Nov 2016, 9:41 pm
But as Jack Goldsmith has recently argued: libertarian panic may be the best weapon we have against awful things to come: https://lawfareblog.com/libertarian-panic-unlawful-action-and-trump-presidency because it at least means we are paying close attention. [read post]
28 Oct 2022, 4:30 am
” Likewise, 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]
27 Jan 2009, 11:53 am
My emphasis - and I believe that people like Jack Goldsmith and Jeremy Rabkin have come my way in the last decade - is not on sovereignty as such, but on democracy and democratic legitimacy, for which sovereignty provides a crucial vessel for its defense. [read post]
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]
30 Nov 2020, 5:08 pm
[For more, see this "smorgasbord of views on self-pardoning" collected by Jack Goldsmith.] [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]
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]
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]
23 Sep 2006, 10:36 am
"Any president, Democrat or Republican, faced with really frightening, bone-chilling threat reports and credible claims that he can stop bad things from happening, is going to be very hard-pressed not to push his powers to the full extent of the law," says Jack Goldsmith, a professor at Harvard Law School and a former official in the Bush Justice Department. [read post]
22 Dec 2009, 2:20 pm
Indeed, Hogan's comments were cited specifically in a newspaper opinion column Tuesday by two of those private advocates - law professor Jack Goldsmith and think-tank analyst Benjamin Wittes. [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]
