All’s Fair in Lawfare

With contributors from all sides, the new blog is essential reading for leading thinkers on law and security A little over a year ago, HLS Professor Jack Goldsmith, Benjamin Wittes and Robert Chesney ’97 decided almost on a whim to put their collective experience and expertise in law and security together. They launched Lawfare, a blog […]

Briefs: Some memorable moments, milestones and a Miró

In October 1962, the Rev. Martin Luther King Jr. spoke at Harvard Law School on “The Future of Integration.” It was six months before he would be imprisoned in a Birmingham jail, 10 months before the March on Washington, almost two years before the signing of the Civil Rights Act and almost six years before his assassination. “It may be that the law cannot make a man love me,” he said, “but it can keep him from lynching me.”

‘A Harmonious System of Mutual Frustration’

As Barack Obama ’91 was making criticism of Bush administration policies on terrorism a centerpiece of his campaign for the presidency in 2008, Jack Goldsmith offered a prediction: The next president, even if it were Obama, would not undo those policies. One of the key and underappreciated reasons, he wrote in a spring 2008 magazine article, was that “many controversial Bush administration policies have already been revised to satisfy congressional and judicial critics.”

Goldsmith, Minow, Fried and Nye discuss the accountability presidency after 9/11

The presidency is more powerful, larger, and has more tools at its disposal than ever before, said Harvard Law School Professor Jack Goldsmith. But, he quickly added, that’s only half the story. The other half of the story—the forces that constrain presidential power—was the main topic during a March19 panel discussion of his new book “Power and Constraint: The Accountability Presidency after 9/11,” hosted by the Harvard Book Store at the Brattle Theatre in Harvard Square.

Goldsmith on ‘On Point:’ The case for targeted killing (audio)

Harvard Law School Professor Jack Goldsmith appeared on the Mar. 12 edition of NPR’s On Point with Tom Ashbrook alongside ACLU Executive Director Anthony Romero. The two addressed the controversy over Attorney General Eric Holder’s recent remarks at Northwestern University Law School in which he defended the legality of the Obama administration’s use of targeted killings of Americans suspected of terrorism-related activity.

Hearsay: Faculty short takes

“Politics and Corporate Money”
Professor Lucian Bebchuk LL.M. ’80 S.J.D. ’84
Project Syndicate
Sept. 20, 2010

“A recent decision issued by the United States Supreme Court expanded the freedom of corporations to spend money on political campaigns and candidates. … This raises well-known questions about democracy and private power, but another important question is often overlooked: who should decide for a publicly traded corporation whether to spend funds on politics, how much, and to what ends?

Goldsmith in Slate: The president’s campaign against Libya is constitutional

In a recent op-ed in Slate, Professor Jack Goldsmith makes the case for why President Obama’s campaign of air and sea strikes against Libya is constitutional.  Goldsmith says that while he agrees with “many of the arguments from critics of the intervention that  President Obama acted imprudently in committing American forces to a conflict with an ill-defined national security justification,”  he does not believe that the military action is unconstitutional. Goldsmith’s op-ed, “War Power,” appeared in the March 21, 2011 edition of Slate. A former assistant attorney general in the Bush Administration, Goldsmith is the author of “The Terror Presidency: Law and Judgement Inside the Bush Administration” (New York : W.W. Norton & Company 2007).