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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]
2 Jun 2010, 6:51 am
As I bask in the glow of not having a single Justice in Samantar accept the theory of the FSIA that Jack Goldsmith and I had proposed, the following thoughts occur to me: 1. [read post]
5 Jan 2023, 5:00 am
Harvard Law School professor Jack Goldsmith and University of Arizona law professor Andrew Keane Woods declared that “China was right” on the need for censorship of the Internet. [read post]
26 Jun 2008, 8:42 am
As Jack Goldsmith reports in his book, the very first thing he decided when he arrived at OLC in October 2003 was that the Fourth Geneva Convention did protect Iraqi civilians -- a decision that hocked and dismayed the White House. [read post]
6 Jul 2011, 11:07 am
Implementing last month’s decision of the North Atlantic Treaty Organization (NATO) and International Security Assistance Force (ISAF) to establish a Rule of Law Field Support Mission in Afghanistan—first reported by Jack Goldsmith here—NATO and ISAF on Monday held a simple ceremony in Kandahar to activate the new organization. [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]
5 Jan 2010, 1:37 pm
., this op-ed by Ben Wittes and Jack Goldsmith), Judge Brown seems to think that there is little for courts to do in the interim--that "common law habeas" is not the appropriate forum within which to have these rules articulated by courts. [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]
31 Oct 2007, 1:59 am
More importantly, perhaps, and as the Senate Intelligence Committee Report itself suggests, during the period in 2004 when Jim Comey and Jack Goldsmith were threatening to resign because the NSA program was so patently unlawful, the certifications to the telcoms were signed not by the AG, or by the Acting AG, but by White House Counsel Alberto Gonzales. [read post]
12 Feb 2007, 9:49 pm
Mass. 2006) Books Bruce Ackerman, The Failure of the Founding Fathers: Jefferson, Marshal and the Rise of Presidential Democracy (Belknap 2005) Jack Goldsmith & Tim Wu, Who Controls the Internet: Illusions of a Borderless World (Oxford 2006) Geoffrey Robertson, The Tyrannicide Brief: The Story of the Man Who Sent Charles I to the Scaffold (Pantheon 2006; Chatto & Windus 2005) Benjamin Wittes, Confirmation Wars: Preserving Independent Courts in Angry Times (Rowman &… [read post]
24 Mar 2012, 10:58 am
In other posts, Kevin Heller found Jack Goldsmith’s admission in a Foreign Policy editorial that the “unwilling or unable”-test for self-defence against a non-state actors is not “settled in international law” refreshing. [read post]
2 Dec 2020, 4:27 am
[For more, see this “smorgasbord of views on self-pardoning” collected by Jack Goldsmith.] [read post]
24 Dec 2009, 4:26 pm
(UPDATE: This op-ed by Jack Goldsmith, former OLC head, gives you some idea of how the policy choice looks from the government's perspective.) [read post]
26 Jul 2007, 11:51 am
" {For more detail on how the program might have been much broader before the Goldsmith/Comey resistance, see here.)5. [read post]
17 Apr 2025, 5:51 pm
Jack Goldsmith calls these tactics "temporizing. [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]
2 Sep 2011, 9:20 am
(Jack Goldsmith served as defense co-counsel.) [read post]
2 Jun 2010, 5:42 pm
Although Curt Bradley’s post magnanimously notes that his position lost 9-0 in Samantar, it would be wrong to see the decision as a defeat for Curt and his co-author Jack Goldsmith. [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]
24 Mar 2011, 6:51 am
"Ten shifts Negus, drops local bulletin" http://j.mp/h8yaMl the atlantic wire explains "What's at Stake in the Google Books Ruling Other Than Books" http://j.mp/f0nfyw "The campaign against Libya is constitutional" says harvard professor jack goldsmith http://j.mp/hSPNgz siva vaidhyanathan says "The Google Books settlement should teach the company humility. [read post]
