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27 May 2011, 10:20 am
As I think I can safely say based on past discussions (not to mention recent posts), neither Bobby Chesney, nor Ben Wittes, nor Jack Goldsmith, nor Marty Lederman, nor I (all oft-times on opposing sides of these issues) think such a ban is a good idea. [read post]
5 Mar 2010, 9:02 am
” Perhaps recognizing this, Samantar relied primarily on a different theory, not yet adopted by any court but advanced by Curt Bradley and Jack Goldsmith in a recent Green Bag article on the FSIA: namely, that a suit against a state officer for his or her official acts should be treated as a suit against the state itself. [read post]
11 Jul 2018, 9:00 pm
As Professor Jack Goldsmith succinctly summarized: Kennedy’s progressive votes on social issues and the death penalty, and his rejection of constitutional originalism, camouflaged the reality that he usually voted with the right side of the Court. [read post]
5 Dec 2014, 11:04 am
ICYMI: Yesterday, on Lawfare Jack Goldsmith weighed in “on the sad collapse of the New Republic,” resigning his position as contributing editor in the wave of the magazine’s shake-up. [read post]
13 Jul 2022, 11:12 am
Another set of principles for a new AUMF from Ben Wittes, Bobby Chesney, Jack Goldsmith, and Matt Waxman at Lawfare, coincidentally released on the same day in Nov. 2014, explicitly endorsed a three-year sunset to “forc[e] Congress to make an affirmative decision as to whether, and how, it wants its blessing to continue. [read post]
26 Feb 2013, 11:13 am
As Jack Goldsmith noted last week, an Op-Ed I wrote in Slate is based on—and referred interested readers to—my forthcoming EJIL article for the complete argument. [read post]
9 Sep 2014, 3:32 pm
While Congressional leadership may be hesitant to take up a vote authorizing the president to use military force in Iraq and/or Syria against ISIS in the coming weeks, we’ve seen several different authorizations put into play—with different requirements, and by different members of Congress. [read post]
30 Jul 2023, 1:27 pm
Goldsmith, 598 U.S. ___, 143 S. [read post]
22 Apr 2007, 11:19 pm
In the cyberlaw literature, the arguments for why this matters are set out most explicitly in Benkler, Wealth of Networks; Lessig, Free Culture; and in the work of Jack Balkin and Terry Fisher (broadly, the literature of semiotic democracy and the Net). [read post]
22 Apr 2020, 1:13 pm
Jack Goldsmith, “the Henry L. [read post]
8 Apr 2015, 6:56 am
My colleague, Jack Goldsmith, generically shares that concern. [read post]
31 Jul 2008, 11:45 am
That includes not only officials within the Executive branch who are very strong defenders of executive prerogatives, such as Jim Comey, Jack Goldsmith, Pat Philbin, Peter Keisler, numerous JAG lawyers, including Alberto Mora and Tom Romig, various Republican U.S. [read post]
21 Oct 2006, 12:15 am
This latter segment in particular helps to explain why Schmitt often seems so uncannily similar to current day Neoconservative writers like John Yoo, Jack Goldsmith and Eric Posner whose analysis is clearly indebted to Morgenthau. [read post]
5 Mar 2010, 3:01 pm
” Perhaps recognizing this, Samantar relied primarily on a different theory, not yet adopted by any court but advanced by Curt Bradley and Jack Goldsmith in a recent Green Bag article on the FSIA: namely, that a suit against a state officer for his or her official acts should be treated as a suit against the state itself. [read post]
19 May 2014, 2:50 pm
I said somewhere, in an essay in Policy Review and a short piece in the New York Times Magazine many years ago, what lives by discretion, dies by discretion, and of course Jack Goldsmith made an extended version of the risks of endl [read post]
26 Feb 2010, 6:45 pm
Stuart Taylor has responded to my post earlier today, and I have added his response as an update to that earlier post (I think it's easier on the reader to see them in one place). [read post]
20 Dec 2011, 4:04 pm
I have come round to agree with something Jack Goldsmith said over at Lawfare a couple of months ago, that as far as international law goes, there is not that much more to be said that hasn’t already been said. [read post]
2 Jul 2010, 7:57 am
Jonathan Adler at the Volokh Conspiracy commends Professor Jack Goldsmith, a witness for the Democrats, for telling the Committee yesterday that the “decision to nominate a highly qualified individual who swims in the broad mainstream of American legal life – a description that Kagan easily satisfies – warrants deference from the Senate. [read post]
7 Dec 2011, 11:38 am
(Lawfare, a project of the Brookings Institution and Harvard Law School, and founded by Benjamin Wittes, Robert Chesney, and Jack Goldsmith, is the go-to online daily journal on national security law; careful, measured, never crazy, and scrupulous about separating objective description from prescriptive comment. [read post]
25 Mar 2013, 6:01 am
“Perhaps the complaint is that the Chinese are doing better against our government networks than we are against theirs,” law professor Jack Goldsmith wrote. [read post]
