Jack L Goldsmith
Biographic Data
| ID | 1035678 |
|---|---|
| NAME | Jack L Goldsmith |
| GIVEN NAMES | Jack L |
| FAMILY NAME | Goldsmith |
| SIGNATURE | GOLDSMITH J L |
| AFFILIATIONS | University of Chicago |
| VERIFIED | No |
| TOTAL WORKS | 26 |
| TOTAL CITATIONS | 103 |
| AUTHOR COUNT | 26 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1975 |
| LATEST PUBLICATION YEAR | 2019 |
| H-INDEX | 4 |
Une crise qui ne s'est pas produite
Trump et les médias
The Legal Legacy of Light-Footprint Warfare
Candidate Barack Obama pledged in 2008 to end the Bush administration's heavy military deployments, but not to end the war against al-Qaeda and its associates. He said that as President he would ke
Obama’s Aumf Legacy
In the fifteen years since the Authorization for Use of Military Force (AUMF) was enacted on September 18, 2001, the Taliban has been removed from power but not eliminated; Osama Bin Laden has been killed and the senior leaders of Al Qaeda as of 9/11 have been captured, killed, or driven underground, although Al Qaeda remains a threat; numerous Al Qaeda affiliates have sprung up around the globe, most notably in Iraq, Yemen, Syria, and Somalia; a…
On Nineteen Eighty-Four: Orwell and Our Future
The Terror Presidency: Law and Judgment Inside the Bush Administration
Jack Goldsmith's duty as head of the Office of Legal Counsel was to advise President Bush what he could and could not do...legally. Goldsmith took the job in October 2003 and began to review the work of his predecessors. Their opinions were the legal framework governing the conduct of the military and intelligence agencies in the war on terror, and he found many-especially those regulating the treatment and interrogation of prisoners-that were de…
Who Controls the Internet?: Illusions of a Borderless World
Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who's really in control of what's happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. It's a book about the fate o…
Human Rights
International human rights law regulates the way states treat individuals under their control. The modern multilateral human rights regime consists primarily of treaties regulating genocide (1951), racial discrimination (1969), civil and political rights (1976), economic, social, and cultural rights (1976), discrimination against women (1981), torture (1987), and the rights of children (1990). (There are also various regional human rights treatie…
International Law And Moral Obligation
The instrumental theory of international law outlined in parts 1 and 2 was offered as an alternative to the conventional wisdom that international law has a normative component that pulls states toward compliance, contrary to their interests. Some traditionalists will claim that our purely positive, or explanatory, analysis is not responsive. Even if international law is best explained by states acting in their self-interest, states should obey i…
International Trade
This chapter analyzes prominent treaty regimes governing international trade. We begin with the bilateral treaty regime that arose in the nineteenth century. We explain how this regime’s distinctive features are best explained by our theory of international law and how its failures influenced the design of the great twentieth-century multilateral treaty regime, the General Agreement on Tariffs and Trade/World Trade Organization. GATT/WTO poses a …
A Theory Of International Rhetoric
During the sixteenth year of the Peloponnesian War between Athens and Sparta, an Athenian force landed on the island of Melos, a Spartan colony and a neutral in the war. Thucydides recounts a dialogue between Athenian envoys and Melian leaders. In a famous passage, the Athenians demand that the Melians submit to their rule: For ourselves, we shall not trouble you with specious pretenses—either of how we might have a right to our empire because we…
A Theory Of International Agreements
The conventional international lawyers’ wisdom about treaties is uncomplicated. When a state enters an agreement that evinces an intent to be governed by international law, it puts itself under an international law obligation to comply with the agreement. The legalization of the agreement, on this view, creates a special obligation beyond that which is created by a mere nonlegal agreement. This special obligation is usually captured by the pacta …
Case Studies
Customary international law fills volumes of treatises, and we cannot try to show that all of it follows the logic of our models. Instead, we examine in detail four areas of customary international law chosen on the basis of their prominence and on the availability of a detailed historical record. The four case studies we examine are the “free ships, free goods” rule of wartime maritime commerce; the breadth of the territorial sea; ambassadorial …
A Theory Of Customary International Law
Customary international law is typically defined as the general and consistent practices of states that they follow from a sense of legal obligation (Restatement 1987, § 102[2]). This definition contains two elements: there must be a widespread and uniform practice of states, and states must engage in the practice out of a sense of legal obligation. This second requirement, often referred to as opiniojuris, is the central concept of customary int…
Dedication
Conclusion
Subject Public International Law Philosophy of Law International Relations Collection: Oxford Scholarship Online
Liberal Democracy And Cosmopolitan Duty
Chapter 7 analyzed a state’s moral duty to comply with international law. This chapter analyzes the state’s moral duty to enter into treaties and to take other related forms of international action in the first place. Mainstream international law scholarship contends that states, especially liberal democratic ones, should be more other-regarding. They should enter into more treaties that would benefit third-party states, give up sovereignty to ju…
The Limits of International Law
The Limits of International Law argues that international law matters but that its scope and significance is far less than assumed by academics, the media, and many public officials. Adopting a rational choice framework, the authors show that international law is a term that we use to refer to variously circumscribed cases of international cooperation. States are able to cooperate through international law but only under narrow conditions; much o…
Moral and Legal Rhetoric in International Relations: A Rational Choice Perspective
Critics of realist and rational choice approaches to international law argue that if nations were motivated entirely by power or self‐interest, their leaders would not make moral and legal arguments because no one would believe them. Thus, the prevalence of moral and legal rhetoric on the international stage refutes the behavioral assumptions of realism and rational choice. This paper argues that even if nations are not motivated by a desire to c…
My Prerogative
Sovereignty, International Relations Theory, and International Law
A Theory of Customary International Law
Customary international law ("CIL") is one of two primary forms of international law, the other being the treaty.CIL is typically defined as a "customary practice of states followed from a sense of legal obligation." 3 Conventional wisdom views CIL as a unitary phenomenon that pervades international law and international relations.Governments take care to comply with CIL, and often incorporate its norms into domestic statutes.National courts appl…
The Abiding Relevance of Federalism to U.S. Foreign Relations
The international law community has heavily criticized the United States’ handling of the Breard case. These criticisms are understandable. Perhaps because of the rush of time, the explanations by the Department of Justice and the Supreme Court for failing to stop Breard’s execution brushed over important issues of domestic and international law. In addition, Virginia’s decision to proceed with the execution, and the federal Government’s decision…
Yield of routine annual laboratory screening in the institutionalized elderly
We examined the yield of a battery of 19 screening laboratory tests performed routinely in 70 functionally intact patients, averaging 82.6 years of age and residing at a chronic care facility. The 70 patients underwent 3,903 screening tests (70 admission batteries and 156 batteries at annual intervals). Twenty per cent of the admission test results and 17 per cent of all subsequent annual test results were "abnormal". "New abnormal" results (prev…
Crime and the Elderly: Challenge and Response
The Limits of International Law
The Limits of International Law argues that international law matters but that its scope and significance is far less than assumed by academics, the media, and many public officials. Adopting a rational choice framework, the authors show that international law is a term that we use to refer to variously circumscribed cases of international cooperation. States are able to cooperate through international law but only under narrow conditions; much o…
A Theory of Customary International Law
Customary international law ("CIL") is one of two primary forms of international law, the other being the treaty.CIL is typically defined as a "customary practice of states followed from a sense of legal obligation." 3 Conventional wisdom views CIL as a unitary phenomenon that pervades international law and international relations.Governments take care to comply with CIL, and often incorporate its norms into domestic statutes.National courts appl…
Obama’s Aumf Legacy
In the fifteen years since the Authorization for Use of Military Force (AUMF) was enacted on September 18, 2001, the Taliban has been removed from power but not eliminated; Osama Bin Laden has been killed and the senior leaders of Al Qaeda as of 9/11 have been captured, killed, or driven underground, although Al Qaeda remains a threat; numerous Al Qaeda affiliates have sprung up around the globe, most notably in Iraq, Yemen, Syria, and Somalia; a…
The Legal Legacy of Light-Footprint Warfare
Candidate Barack Obama pledged in 2008 to end the Bush administration's heavy military deployments, but not to end the war against al-Qaeda and its associates. He said that as President he would ke
Sovereignty, International Relations Theory, and International Law
The Abiding Relevance of Federalism to U.S. Foreign Relations
The international law community has heavily criticized the United States’ handling of the Breard case. These criticisms are understandable. Perhaps because of the rush of time, the explanations by the Department of Justice and the Supreme Court for failing to stop Breard’s execution brushed over important issues of domestic and international law. In addition, Virginia’s decision to proceed with the execution, and the federal Government’s decision…
Yield of routine annual laboratory screening in the institutionalized elderly
We examined the yield of a battery of 19 screening laboratory tests performed routinely in 70 functionally intact patients, averaging 82.6 years of age and residing at a chronic care facility. The 70 patients underwent 3,903 screening tests (70 admission batteries and 156 batteries at annual intervals). Twenty per cent of the admission test results and 17 per cent of all subsequent annual test results were "abnormal". "New abnormal" results (prev…
Paradigms of Police Community: A New Critique of Legal Order
Crime and the Elderly: Challenge and Response
Yield of routine annual laboratory screening in the institutionalized elderly
We examined the yield of a battery of 19 screening laboratory tests performed routinely in 70 functionally intact patients, averaging 82.6 years of age and residing at a chronic care facility. The 70 patients underwent 3,903 screening tests (70 admission batteries and 156 batteries at annual intervals). Twenty per cent of the admission test results and 17 per cent of all subsequent annual test results were "abnormal". "New abnormal" results (prev…
The Abiding Relevance of Federalism to U.S. Foreign Relations
The international law community has heavily criticized the United States’ handling of the Breard case. These criticisms are understandable. Perhaps because of the rush of time, the explanations by the Department of Justice and the Supreme Court for failing to stop Breard’s execution brushed over important issues of domestic and international law. In addition, Virginia’s decision to proceed with the execution, and the federal Government’s decision…
A Theory of Customary International Law
Customary international law ("CIL") is one of two primary forms of international law, the other being the treaty.CIL is typically defined as a "customary practice of states followed from a sense of legal obligation." 3 Conventional wisdom views CIL as a unitary phenomenon that pervades international law and international relations.Governments take care to comply with CIL, and often incorporate its norms into domestic statutes.National courts appl…
Sovereignty, International Relations Theory, and International Law
My Prerogative
Moral and Legal Rhetoric in International Relations: A Rational Choice Perspective
Critics of realist and rational choice approaches to international law argue that if nations were motivated entirely by power or self‐interest, their leaders would not make moral and legal arguments because no one would believe them. Thus, the prevalence of moral and legal rhetoric on the international stage refutes the behavioral assumptions of realism and rational choice. This paper argues that even if nations are not motivated by a desire to c…
Human Rights
International human rights law regulates the way states treat individuals under their control. The modern multilateral human rights regime consists primarily of treaties regulating genocide (1951), racial discrimination (1969), civil and political rights (1976), economic, social, and cultural rights (1976), discrimination against women (1981), torture (1987), and the rights of children (1990). (There are also various regional human rights treatie…
International Law And Moral Obligation
The instrumental theory of international law outlined in parts 1 and 2 was offered as an alternative to the conventional wisdom that international law has a normative component that pulls states toward compliance, contrary to their interests. Some traditionalists will claim that our purely positive, or explanatory, analysis is not responsive. Even if international law is best explained by states acting in their self-interest, states should obey i…
International Trade
This chapter analyzes prominent treaty regimes governing international trade. We begin with the bilateral treaty regime that arose in the nineteenth century. We explain how this regime’s distinctive features are best explained by our theory of international law and how its failures influenced the design of the great twentieth-century multilateral treaty regime, the General Agreement on Tariffs and Trade/World Trade Organization. GATT/WTO poses a …
A Theory Of International Rhetoric
During the sixteenth year of the Peloponnesian War between Athens and Sparta, an Athenian force landed on the island of Melos, a Spartan colony and a neutral in the war. Thucydides recounts a dialogue between Athenian envoys and Melian leaders. In a famous passage, the Athenians demand that the Melians submit to their rule: For ourselves, we shall not trouble you with specious pretenses—either of how we might have a right to our empire because we…
A Theory Of International Agreements
The conventional international lawyers’ wisdom about treaties is uncomplicated. When a state enters an agreement that evinces an intent to be governed by international law, it puts itself under an international law obligation to comply with the agreement. The legalization of the agreement, on this view, creates a special obligation beyond that which is created by a mere nonlegal agreement. This special obligation is usually captured by the pacta …
Case Studies
Customary international law fills volumes of treatises, and we cannot try to show that all of it follows the logic of our models. Instead, we examine in detail four areas of customary international law chosen on the basis of their prominence and on the availability of a detailed historical record. The four case studies we examine are the “free ships, free goods” rule of wartime maritime commerce; the breadth of the territorial sea; ambassadorial …
A Theory Of Customary International Law
Customary international law is typically defined as the general and consistent practices of states that they follow from a sense of legal obligation (Restatement 1987, § 102[2]). This definition contains two elements: there must be a widespread and uniform practice of states, and states must engage in the practice out of a sense of legal obligation. This second requirement, often referred to as opiniojuris, is the central concept of customary int…
Dedication
Conclusion
Subject Public International Law Philosophy of Law International Relations Collection: Oxford Scholarship Online
Liberal Democracy And Cosmopolitan Duty
Chapter 7 analyzed a state’s moral duty to comply with international law. This chapter analyzes the state’s moral duty to enter into treaties and to take other related forms of international action in the first place. Mainstream international law scholarship contends that states, especially liberal democratic ones, should be more other-regarding. They should enter into more treaties that would benefit third-party states, give up sovereignty to ju…
The Limits of International Law
The Limits of International Law argues that international law matters but that its scope and significance is far less than assumed by academics, the media, and many public officials. Adopting a rational choice framework, the authors show that international law is a term that we use to refer to variously circumscribed cases of international cooperation. States are able to cooperate through international law but only under narrow conditions; much o…
Who Controls the Internet?: Illusions of a Borderless World
Is the Internet erasing national borders? Will the future of the Net be set by Internet engineers, rogue programmers, the United Nations, or powerful countries? Who's really in control of what's happening on the Net? In this provocative new book, Jack Goldsmith and Tim Wu tell the fascinating story of the Internet's challenge to governmental rule in the 1990s, and the ensuing battles with governments around the world. It's a book about the fate o…
The Terror Presidency: Law and Judgment Inside the Bush Administration
Jack Goldsmith's duty as head of the Office of Legal Counsel was to advise President Bush what he could and could not do...legally. Goldsmith took the job in October 2003 and began to review the work of his predecessors. Their opinions were the legal framework governing the conduct of the military and intelligence agencies in the war on terror, and he found many-especially those regulating the treatment and interrogation of prisoners-that were de…
On Nineteen Eighty-Four: Orwell and Our Future
The Legal Legacy of Light-Footprint Warfare
Candidate Barack Obama pledged in 2008 to end the Bush administration's heavy military deployments, but not to end the war against al-Qaeda and its associates. He said that as President he would ke
Obama’s Aumf Legacy
In the fifteen years since the Authorization for Use of Military Force (AUMF) was enacted on September 18, 2001, the Taliban has been removed from power but not eliminated; Osama Bin Laden has been killed and the senior leaders of Al Qaeda as of 9/11 have been captured, killed, or driven underground, although Al Qaeda remains a threat; numerous Al Qaeda affiliates have sprung up around the globe, most notably in Iraq, Yemen, Syria, and Somalia; a…
Trump et les médias
Political science (21 works) · Law (18 works) · Law and economics (13 works) · Sociology (12 works) · International law (10 works) · International Law and Human Rights (9 works) · Politics (7 works) · Computer Science (5 works) · Law (5 works) · Public international law (5 works)