Jack Goldsmith
@jacklgoldsmith
Prof @Harvard_Law; Co-Founder @Lawfareblog; Non-res. sr. fellow @AEI; executivefunctions.substack. Opinions mine alone. Likes ≠ agree; = save to read
Exactly right. It is an important statement that will, if followed, slow additions to the emergency docket in virtually identical cases.
Essential reading.
Last fall, the editors of the Harvard Law Review invited me to write the Foreword for this year's Supreme Court issue. My working draft is below, and comments are most welcome. papers.ssrn.com/sol3/papers.cf…
Devastating and brutally credible indictment.
The University of Florida is the new leader in the study of Western and American civilization. So-called elite universities have abandoned the study of Western culture and politics over the last 25 years, and that betrayal has given other institutions the opportunity to create…
Incredible hires--an amazing program continues to grow
20 prestigious new faculty members with expertise across multiple disciplines, fields and historical eras will join the @ufhamilton school this fall to enhance UF's research and teaching mission. 👏brnw.ch/21wUjci
Bob Bauer and I discuss the legal and ethical obligations of the firms that are violating the TikTok ban. Should a firm violate the law in the service of profits and other goods when there is practically zero chance of legal liability ? open.substack.com/pub/executivef…
Bob Bauer looks at the corporate duty side of the TikTok ban that the companies are violating but for which the Attorney General has provided practical immunity from DOJ enforcement. open.substack.com/pub/executivef…
Great stuff from a truly great man. Not on the list is another extraordinary piece, perhaps the most apt for our current moment: "Judicial Supremacy, Departmentalism, and the Rule of Law in a Populist Age," in which Dick concludes (among many other things) that "our system is…
I’m still confused about this whole discourse (including the Court’s recent aside) because there is no statutory for-cause protection for the Fed chair as such. Only for the members as such. There is arguably an unwritten convention, but if we are now enforcing unwritten…
Reminder — when discussing removal issues, don’t leap straight to the constitutional issues; check the statutes first.
Let me guess: it’ll end up being a building on the edge of campus where the “classical liberals” can be quarantined and ignored
Exactly right. There are two basic reasons that telling the elite universities to “just stop discriminating against conservatives” won’t work: (1) The people doing the hiring don’t think they are engaged in ideological discrimination. The psychology is: “We’re perfectly open to…
“Just not discriminating against conservatives would fix the problem!” What? Is this idea going to be implemented in the 1990s? How is a conservative liberal arts scholar going to advance when half the departments are ideologically left in their inception? When the journals and…