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3 Jul 2018, 10:57 am by Carrie Cordero, Quinta Jurecic
As the chaos unspooled from President Trump’s executive order on family separations, a conventional wisdom quickly emerged: This order was an echo of the very first executive order of Trump’s presidency—the travel ban. [read post]
2 Jul 2018, 8:38 pm by Howard Bashman
“The Shape of the Post-Kennedy Court”: Law professor Jack Goldsmith has this essay online at The Weekly Standard. [read post]
2 Jul 2018, 10:08 am by Jack Goldsmith
Here is the Summer 2018 Supplement for Bradley & Goldsmith, Foreign Relations Law: Cases and Materials (6th ed. 2017). [read post]
2 Jul 2018, 4:07 am by Marty Lederman
”It’s especially disappointing that Justice Kennedy went along with this charade, because his vote to reverse the preliminary injunction—the vote that decided the case—betrayed each one of the core principles that Jack Goldsmith rightly describes as the pillars of his jurisprudence over the past 30 years and his (desired) legacy:  honoring the dignity of all persons; preserving liberty; and enshrining a “robust conception of judicial power”… [read post]
20 Jun 2018, 7:31 am by Robert Chesney
The United States has tremendous public- and private-sector cyber capabilities, but we also have tremendous vulnerabilities (as Jack Goldsmith and Stuart Russell explain so well in their recent Hoover paper). [read post]
16 Jun 2018, 8:15 am by Peter Margulies
Bush administration, along with Jack Goldsmith and others, to demand changes in that administration’s secret terrorist surveillance program. [read post]
16 Jun 2018, 7:30 am by Victoria Clark
Goldsmith shared the latest issue of Harvard National Security Journal. [read post]
13 Jun 2018, 11:30 am by David Pozen
Its precise elements have shifted some over time, but as Jack Goldsmith explains in a riveting new essay on The Failure of Internet Freedom,* it has consistently been anchored in the principles of (as Goldsmith puts it) “commercial non-regulation” and “anti-censorship. [read post]
13 Jun 2018, 11:19 am by David Pozen
Its precise elements have shifted some over time, but as Jack Goldsmith explains in a riveting new essay on “The Failure of Internet Freedom,”* it has consistently been anchored in the principles of (as Goldsmith puts it) “commercial non-regulation” and “anti-censorship. [read post]
12 Jun 2018, 10:46 am by Victoria Clark
Jack Goldsmith shared the spring 2018 Issue of Harvard National Security Journal. [read post]
11 Jun 2018, 4:30 am by Quinta Jurecic
Whether or not the president can pardon himself is, as Jack Goldsmith recently noted, a question to which there is “no obvious right answer. [read post]
9 Jun 2018, 5:24 am by Victoria Clark
And Jack Goldsmith collated the plethora of opinions on whether the president actually has the power to pardon himself. [read post]
7 Jun 2018, 1:13 pm by Victoria Clark
Jack Goldsmith and Stuart Russell considered the implications of a digital world on U.S. international relations. [read post]
6 Jun 2018, 12:11 pm by Victoria Clark
” Curtis Bradley and Jack Goldsmith argued that the Justice Department’s Office of Legal Counsel’s test for unilateral uses of force provides no meaningful constraint on executive power. [read post]
6 Jun 2018, 9:00 am by Josh Blackman
” My colleague Jack Goldsmith added, “[e]veryone is assuming that when Trump makes these now commonplace threats, he is acting with corrupt intent, and maybe he is,” Goldsmith added. [read post]
6 Jun 2018, 5:49 am by Matthew Weybrecht
Defining the “Norm” As a threshold matter, Jack Goldsmith has pointed out that the idea that presidents “strictly comply” with the norm against weighing in on specific investigations is naïve. [read post]
4 Jun 2018, 9:14 am by Deborah Pearlstein
  First, again pace Goldsmith, to the extent the Obama Administration had previously cited the interest in deterring the use of chemical weapons as a compelling U.S. concern (surrounding Syria’s 2013 use of chemical weapons), that particular instance of presidential practice must be understood to stand for the very opposite conclusion the 2018 OLC opinion reaches here. [read post]
4 Jun 2018, 6:09 am by Quinta Jurecic, Benjamin Wittes
To read the reactions to the letter President Trump’s lawyers sent to Special Counsel Robert Mueller in January, one might think the constitutional order had melted down over the weekend. [read post]
3 Jun 2018, 8:39 am by Sabrina I. Pacifici
“We don’t know what the law is on the intersection between the obstruction statutes and the president exercising his constitutional power to supervise an investigation in the Justice Department,” said Jack Goldsmith, a Harvard Law School professor who oversaw the Justice Department’s Office of Legal Counsel during the Bush administration. [read post]