Jack Goldsmith

Senior Fellow
Biography: 

Jack Goldsmith is a senior fellow at the Hoover Institution and the Henry L. Shattuck Professor of Law at Harvard University. From 2003 to 2004, he served as the assistant attorney general, Office of Legal Counsel; from 2002 to 2003 he served as the special counsel to the general counsel of the Department of Defense. Goldsmith also taught at the University of Chicago Law School from 1997 to 2002 and at the University of Virginia Law School from 1994 to 1997.

In his academic work, Goldsmith has written widely on issues related to national security law, presidential power, international law, and Internet regulation. His books include Power and Constraint: The Accountable Presidency after 9/11 (2012), The Terror Presidency: Law and Judgment inside the Bush Administration (2009), Who Controls the Internet: Illusions of a Borderless World (with Tim Wu) (2006), and The Limits of International Law (with Eric Posner) (2005). He blogs on national security matters at the Lawfare blog,and on issues of labor law and policy at the On Labor blog.

Goldsmith is a fellow of the American Academy of Arts and Sciences. He holds a JD from Yale Law School, a BA and an MA from Oxford University, and a BA from Washington & Lee University. He clerked for Supreme Court justice Anthony M. Kennedy, Court of Appeals judge J. Harvie Wilkinson, and Judge George Aldrich on the Iran-US Claims Tribunal.

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Recent Commentary

Featured

On The President’s Request For A Vote On An AUMF For ISIL

by Jack Goldsmithvia Lawfare
Monday, December 7, 2015

There were at least two points of note in President Obama’s call last night for Congress to “vote to authorize the continued use of military force against these terrorists.” First, the President did not mention his draft AUMF for ISIL, much less ask Congress to approve that draft.

Featured

The Administration Wants An ISIL AUMF…To Prop Up Troop Morale

by Jack Goldsmithvia Lawfare
Thursday, December 3, 2015

Secretary of Defense Carter and Chairman of the Joint Chiefs of Staff Dunford testified Tuesday before the House Armed Services Committee. The news was that JSOC will play a bigger role against ISIL in Iraq (and probably Syria).

Analysis and Commentary

New Foreign Relations Law Supplement

by Jack Goldsmithvia Lawfare
Tuesday, December 1, 2015

Here is the December 2015 supplement for my casebook with Curtis Bradley, Foreign Relations Law: Cases and Materials (5th ed. 2014).

In the News

Come To The Third Hoover Book Soiree: Edward Lucas On Cyberphobia

by Jack Goldsmith, Benjamin Wittesvia Lawfare
Friday, November 20, 2015

The third in our series of our book soirees at the Hoover Institution's Washington Office will take place on December 2, when Ben interviews Edward Lucas of the Economist about his new book, Cyberphobia: Identity, Trust, Security and the Internet.

Featured

The Significance Of Attorney General Lynch’s Testimony On Closing GTMO

by Jack Goldsmithvia Lawfare
Wednesday, November 18, 2015

Josh Gerstein has a nice summary of Attorney General Lynch’s testimony yesterday concerning the closure of GTMO (minutes 44-48 or so here).

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Featured

Jack Goldsmith: Obama’s Failing National Security Legacy

by Jack Goldsmithvia Time
Monday, November 16, 2015

The President’s aim to end 'Bush’s wars' is in shambles.

Analysis and Commentary

Why President Obama Should Seek Formal Congressional Support If He Ramps Up Force Against The Islamic State After Paris

by Jack Goldsmithvia Lawfare
Saturday, November 14, 2015

The gruesome events in Paris could strengthen President Obama’s domestic war powers authority under Article II in two ways.

Analysis and Commentary

Zivotofsky II As Precedent In The Executive Branch

by Jack Goldsmithvia Lawfare
Wednesday, November 11, 2015

The November issue of the Harvard Law Review is out, with the Foreword by David Strauss, essays by Abbe Gluck on King v. Burwell and Kenji Yoshino on Obergefell v. Hodges, and the law students’ Leading Cases of the OT 2014 Term.

Analysis and Commentary

Law Wars: My Review Of Savage's "Power Wars"

by Jack Goldsmithvia Lawfare
Tuesday, November 10, 2015

"Law Wars" is the name that the editors of the New Rambler gave to my review of Charlie Savage's great new book, Power Wars.

Analysis and Commentary

Zivotofsky II As Precedent In The Executive Branch

by Jack Goldsmithvia Harvard Law Review
Tuesday, November 10, 2015

On May 14, 1948, President Harry S. Truman recognized the State of Israel.

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