Person: Goldsmith, Jack
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Goldsmith
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Goldsmith, Jack
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Publication The Ends of Privacy(The University of Chicago Law School and Gifford Combs, 2015) Goldsmith, JackPublication Military Tribunals and Legal Culture: What a Difference Sixty Years Makes(2002) Sunstein, Cass; Goldsmith, JackPublication How Cyber Changes the Laws of War(2013) Goldsmith, JackMichael Walzer’s Just and Unjust Wars anticipated many problems and developments in the laws of war, but it understandably did not anticipate how the Internet and associated computer and telecommunications revolutions would change war or the laws that govern it. This article seeks to assess, in general terms, the ways that the rise of cyber exploitation and cyber attacks challenge prevailing conceptions of the laws of war.Publication The Internet and the Abiding Significance of Territorial Sovereignty(Indiana University Press, 1998) Goldsmith, JackPublication Current Illegitimacy of International Human Rights Litigation(Fordham Law Review, 1997) Goldsmith, JackPublication Treaties, Human Rights, and Conditional Consent(University of Pennsylvania, 2000) Bradley, Curtis; Goldsmith, JackPublication Don't Panic: Making Progress on the "Going Dark" Debate(Berkman Center for Internet & Society at Harvard Law School, 2016) Gasser, Urs; Gertner, Nancy; Goldsmith, Jack; Landau, Susan; Nye, Joseph; O'Brien, David; Olsen, Matthew; Renan, Daphna; Sanchez, Julian; Schneider, Bruce; Schwartzol, Larry; Zittrain, JonathanJust over a year ago, with support from the William and Flora Hewlett Foundation, the Berkman Center for Internet & Society at Harvard University convened a diverse group of security and policy experts from academia, civil society, and the U.S. intelligence community to begin to work through some of the particularly vexing and enduring problems of surveillance and cybersecurity. The group came together understanding that there has been no shortage of debate. Our goals were to foster a straightforward, non-talking-point exchange among people who do not normally have a chance to engage with each other and then to contribute in meaningful and concrete ways to the discourse on these issues. A public debate unfolded alongside our meetings: the claims and questions around the government finding a landscape that is “going dark” due to new forms of encryption introduced into mainstream consumer products and services by the companies who offer them. We have sought to distill our conversations and some conclusions in this report. The participants in our group who have signed on to the report, as listed on the following page, endorse “the general viewpoints and judgments reached by the group, though not necessarily every finding and recommendation.” In addition to endorsing the report, some signatories elected to individually write brief statements, which appear in Appendix A of the report and also as individual posts on Lawfareblog.com, written by Jonathan Zittrain, Bruce Schneier, and Susan Landau. Our participants who are currently employed full-time by government agencies are precluded from signing on because of their employment, and nothing can or should be inferred about their views from the contents of the report. We simply thank them for contributing to the group discussions.Publication The President's Completion Power(Yale Law School, 2006) Goldsmith, Jack; Manning, JohnThis Essay identifies and analyzes the President's completion power: the President's authority to prescribe incidental details needed to carry into execution a legislative scheme, even in the absence of congressional authorization to complete that scheme. The Essay shows that the completion power is a common explanation for very different presidential powers, including the administration of a presidential statute, prosecutorial discretion, and the use of force abroad without express congressional authorization. Maintaining that the widespread use of the completion power is a partial vindication of Chief Justice Vinson's neglected dissent in the Youngstown Steel Seizure case, this Essay argues that the completion power sheds light on a structural symmetry that cuts across Articles I, II, and III of the Constitution--namely, that each of the three branches has some degree of inherent power to carry into execution the powers conferred upon it. The Essay also examines normative questions about the scope and limits of the power.Publication The Unexceptional U.S. Human Rights RUDs(University of St. Thomas Law Journal, 2005) Goldsmith, JackPublication The New International Law Scholarship(published by students at the University of Georgia School of Law, 2006) Goldsmith, Jack; Posner, Eric A.This essay replies to criticisms advanced at a conference on our book, The Limits of International Law. We engage the critics on several methodological issues, we attempt to correct misimpressions about some of our arguments, and we reiterate our distinctive empirical claims. We also argue that our critics have more in common with us, and less in common with traditional international law scholars, than they are willing to admit. This observation leads us to claim that a new kind of international law scholarship is emerging, one that relies more heavily on social scientific attitudes and methodologies than the international law scholarship that it is gradually displacing. This trend fills us with optimism about the field, but at the same time we predict, with some misgiving, that much future scholarship will be preoccupied with reconciling the traditional liberal internationalism of the international law academy and the new imperative to use rigorous social scientific methods.