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7 May 2010, 12:55 pm
She did this in part by pushing for the hiring of top conservative scholars like Jack Goldsmith and John Manning. [read post]
29 May 2009, 12:41 am
However, Attorney General Goldsmith warned Prime Minister Blair in 2003 that the invasion of Iraq could lead to possible prosecution for the crime of aggression because it was recognized by customary international law and therefore imported into the domestic law, a notion later affirmed by the House of Lords in R v. [read post]
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]
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]
21 Feb 2012, 6:15 pm
That’s a scary thought, considering the smearing former OLC head Jack Goldsmith gave to the once secret “Torture Memo” under the Bush Administration. [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]
12 Mar 2012, 10:14 am
As Jack Goldsmith suggests in The Terror Presidency, the Bush administration advanced its arguments regarding executive power with something of a “theological” ardor that sometimes even trumped political consequences. [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]
9 Jun 2015, 1:58 pm
” For this reason I disagree with Professor Jack Goldsmith, writing at Lawfare, who sees the case as an important win for the executive. [read post]
22 Apr 2024, 5:35 am
(In our Atlantic essay, we address and strongly reject those like Jack Goldsmith who contend otherwise.) [read post]
