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9 Feb 2018, 2:00 pm
” Jack Goldsmith, who worked in the Bush Defense and Justice Departments, called the theory “breathtaking,” explaining that if ISIS’s “remarkably loose affiliation with al Qaeda brings a terrorist organization under the 2001 law, then Congress has authorized the President to use force endlessly against practically any ambitious jihadist terrorist group that fights against the United States. [read post]
6 Aug 2015, 9:59 am
Jack Trope, JD, and Sarah L. [read post]
26 Mar 2010, 2:11 pm
[Larry Lessig and Jack Goldsmith have an op-ed in today’s Washington Post about this, which was the subject of Jonathan’s earlier posting]. [read post]
5 Dec 2011, 3:00 am
No More Jack Frost Nipping at Their Digits If your favorite lawyer must always take that urgent call, even in arctic temperatures, consider presenting a pair of touch-screen gloves. [read post]
11 Apr 2008, 12:39 pm
To some extent, that argument is weakened by the existence of conservative lawyers like Jack Goldsmith, who stood up to a great deal of pressure to defend the ideal of the rule of law. [read post]
19 Mar 2007, 11:46 am
Writing last week in Slate magazine, Jack Goldsmith and Dahlia Lithwick rightly note that if the president is entitled to set the law-enforcement agenda, no one can complain if the politically appointed head of the DOJ takes steps to advance those priorities. [read post]
28 Sep 2010, 5:18 pm
UPDATE: Jack Goldsmith responds to my post by arguing that it “is not right to claim that those who support the President’s authority to make such decisions free from judicial review do not believe in legal constraints on the presidency. [read post]
3 Mar 2010, 10:56 am
Bradley & Jack J. [read post]
15 Jan 2023, 7:25 am
I don’t agree with everything Bauer and Goldsmith say. [read post]
13 Nov 2007, 10:11 pm
(He finally relented to some extent, reportedly, when they all threatened to resign, and eventually approved a somewhat modified program approved by Jack Goldsmith on a narrower legal theory. [read post]
21 Mar 2011, 5:22 am
Here is Jack Goldsmith arguing that Obama will invoke the UN Security Council resolution as his legal justification (why this is necessary after Clinton’s Kosovo intervention, which had no such resolution, is not explained); here is Andrew Sullivan arguing that Congress should do something, anything (“A congressional vote is also important to rein in the imperial presidency that Obama has now taken to a greater height then even Bush. [read post]
7 Jan 2010, 9:53 am
As I have said from a number of platforms, most recently in a media law class in December, the best analysis of the theoretical attraction and practical downside of Sealand is to be found in Jack Goldsmith & Tim Wu’s Who Controls The Internet? [read post]
7 Dec 2010, 8:13 am
Also at Lawfare, Bobby Chesney offers an objective outline, sans commentary, of the quite long opinion, and Jack Goldsmith and Ben Wittes weigh in with commentary. [read post]
27 Jan 2011, 6:47 pm
Jack Goldsmith wrote on the lawfare blog: “Many will claim that Ghailani’s life sentence vindicates the trial system as a vehicle for incapacitating terrorists…But we must also remember that the basic outcome (long term detention for Ghailani) was foreordained: Both the Attorney General and the trial judge stated that Ghailani would likely be placed in military detention if acquitted. [read post]
4 Oct 2011, 5:48 am
’ Raises Usual Sex Partner Questions" http://j.mp/oCkWfE a different take on #OccupyWallStreet: "Photos of Sexy Occupy Wall Street Protesters" http://j.mp/pWh1By some quality journalism from the daily beast: "Most Well-Hung Characters" http://j.mp/r3iAmd from radio national's pm program this evening: "Watchdog investigates 'political' football commentary" 04/10/2011 http://j.mp/nxeobG an excellent post from jack goldsmith:… [read post]
9 Oct 2011, 5:20 am
But Ken Anderson has beaten me to it over at Opinio Juris: As Jack Goldsmith and Ben Wittes have argued at Lawfare, and I have argued here, although it is certainly helpful to have a summary in the press about the issues discussed in the secret memo and their resolution, the fact that it is merely leaked (quite apart from not making available the actual text) is a grave part of the problem here. [read post]
15 Nov 2011, 10:18 am
More recently, Jack Goldsmith and Eric Posner start their book on the limits of international law by saying that it is in fact law. [read post]
12 May 2010, 4:10 pm
Posner is surely the only judge who's ever written a major book entitled "Overcoming Law," another book much worth discussing, as are recent books written by such denizens of the Harvard faculty as Laurence Tribe, Charles Fried, Adrian Vermeule, Mark Tushnet, and Jack Goldsmith, the last three of whom were hired during her Deanship. [read post]
19 Nov 2010, 11:56 am
And I don't have a conclusive view as to whether this result was a win for the government, but I'm inclined to think that the result is not such a good one for the government, and that Wittes and Jack Goldsmith are right that it's just better to use military detention to incapacitate the other high value detainees rather than prosecute them in any forum. [read post]
29 Nov 2010, 8:54 pm
When WikiLeaks contacted the State Department in what Jack Goldsmith calls an attempt to “mitigate the harms of publication of the documents to individuals,” State Department legal advisor Harold Koh responded with a letter saying the leaked cables “place at risk the lives of countless innocent individuals,” “place at risk on-going military operations,” and “place at risk on-going cooperation between countries. [read post]
