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3 Dec 2019, 4:16 am
William Ruckelshaus died last Wednesday at age 87. [read post]
3 Apr 2019, 10:05 am
At 11:00 a.m. on March 1, 1974, lawyers and reporters gathered in Judge John Sirica’s courtroom in Washington. [read post]
18 Apr 2018, 8:13 am
I The first time I had lunch with James Comey at the FBI, it was still early in his tenure as director. [read post]
30 May 2017, 8:30 am
This post is the third part of a four-part series on the Fourth Circuit’s recent en banc decision in IRAP v. [read post]
24 Sep 2018, 4:34 pm
The case concerns the court’s power to release material protected under grand jury secrecy, and has interesting implications for efforts by Benjamin Wittes, Jack Goldsmith, and Stephen Bates to unseal the impeachment “roadmap” prepared by Watergate Special Prosecutor Leon Jaworski—as well as the possible release of any report prepared by Special Counsel Robert Mueller. [read post]
19 Sep 2019, 1:52 pm
James Comey famously does things his own way, and the Department of Justice inspector general has not approved. [read post]
18 May 2020, 1:52 pm
In the wake of Attorney General William Barr’s unprecedented decision to drop the Department of Justice’s years-long prosecution of former Trump national security advisor Michael Flynn, many are asking: Is this the end of the case? [read post]
23 May 2019, 10:59 am
As Jack Goldsmith observes, “the very notion of an ‘Inter-net’ implies fragmentation. [read post]
24 May 2019, 8:20 am
For example, Jack Goldsmith and Robert Williams have argued in Lawfare that the strategy of charging Chinese hackers for theft of U.S. trade secrets has failed to deter such activity, citing the public charges against Chinese state-affiliated hackers in 2017 and 2018 as reason to believe Chinese cyber theft of American intellectual property had not ceased. [read post]
14 Jul 2021, 7:51 am
” The legal framework for the use of force absent congressional authorization is so malleable that—in the words of Jack Goldsmith and Curtis Bradley—it “provides no meaningful constraint on presidential power. [read post]
29 Dec 2017, 7:34 am
When historians look back at the copyright worlf in 2017 (if our attention spans allow us to have roles such as a 'historian' in the future!) [read post]
24 Sep 2024, 6:30 am
For the Balkinization Symposium on Jeremy Kessler, Law and Historical Materialism. [read post]
11 Jul 2016, 11:34 am
One month before FBI Director James Comey announced his recommendation not to indict Hillary Clinton based on her use of a private email server, I tried to assess the prospect of indictment based on analysis of the known facts and applicable statutory provisions. [read post]
25 Feb 2007, 9:35 pm
Whether or not triumphalism is justified, the positive story told by Joel Reidenberg, and by Jack Goldsmith & Tim Wu is surely correct: The empire has begun to strike back. [read post]
7 Mar 2011, 9:03 am
Also check out Jack Goldsmith’s discussion of US domestic law and intervention at Lawfare.) [read post]
8 Aug 2007, 10:35 am
More to the point - you can argue for pretty much all of the reforms of the system that the op-ed calls for (some of the important ones of which I in fact support) without having to go back and make claims about the fundamental wrongness of the administration's legal judgments about the applicability of the laws of war.The cutting edge of discussion about counterterrorism policy today is, for example, Jack Goldsmith and Neal Katyal's joint call for a national security… [read post]
18 Mar 2010, 6:09 am
I’ve refrained so far from commenting on the Liz Cheney — AQ7 ad, but I want to make one lengthy statement on it and, I hope, leave it at that. [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]
A Presidential Proclamation to End the Iraq War: Unilateral Executive Action to Defang a Zombie AUMF
20 Aug 2024, 6:05 am
With his decision to end his bid for a second term, President Biden may now be considering how to cement his presidential legacy. [read post]
23 Feb 2010, 10:24 am
As we turn the corner to the second half of the Supreme Court’s Term, the inevitable conjecture begins about retirements. [read post]