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The Latest Breaking News from Jack Goldsmith

The Supreme Court's Grant in Trump v. U.S. (UPDATED)

The justices reframed the question presented in the case and expedited its consideration.

Reason

Jack Goldsmith on Why SCOTUS Should Review the D.C. Circuit's Decision on Presidential Immunity

The case raises an issue of high importance and the opinion may contain some loose reasoning.

Reason

Jack Goldsmith Responds to Critics on the Dangers of Prosecuting (or not Prosecuting) Trump for Trying to Overturn the 2020 Election

I was one of the critics he responded to, and in this post I offer a rejoinder.

Reason

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The Dangers of Giving Trump Impunity are Far Worse than those of Prosecuting Him

Giving presidents impunity for using force and fraud to try to nullify election results is far worse than any potential risk of prosecuting Trump.

Reason

The Trump Indictment Hangover

The high may feel good, but the hangover will be terrible.

Reason

Smith's Indictment of Trump In Florida Suggest He Won't Bring An Insurrection Charge in D.C.

Does the special counsel "seek to avoid distracting fights"?

Reason

"State Regulation of Online Behavior: The Dormant Commerce Clause and Geolocation"

Jack Goldsmith's and my article with this title is now out in the Texas Law Review, as is David Post's response (many thanks for writing that, David!). Many of our readers are already familiar with it from when I serialized it here several months ago; but here's the Introduction: Many…

Reason

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The Dormant Commerce Clause, the Internet, and Geolocation

A response to Professors Goldsmith & Volokh

Reason

The Dormant Commerce Clause and Geolocation: Conclusion

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I've been serializing it here; this post is the conclusion of the series. There is still plenty of time for…

Reason

The Dormant Commerce Clause, Social Media Platforms, and Restrictions on Political Discrimination

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Reason

The Dormant Commerce Clause, Internet Platforms, and Content Discrimination Bans

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Reason

The Dormant Commerce Clause, Internet Platforms, and Status Discrimination Bans

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Reason

Geographical Information and the Dormant Commerce Clause: Four Principles

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Reason

The Dormant Commerce Clause, Geographical Identification, and Blocking Technology

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Reason

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news in one place.

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The Dormant Commerce Clause and Internet User Protections

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Reason

The Dormant Commerce Clause, Publishers, the Internet, and Tort Law

[Jack Goldsmith and I will have an article out about the Dormant Commerce Clause, geolocation, and state regulations of Internet transactions in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you…

Reason

The Dormant Commerce Clause and Geolocation: Some Background About Federalism

[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any recommendations you folks might have; in the meantime, you can read the entire PDF…

Reason

The Dormant Commerce Clause and Geolocation: Introduction

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news in one place.

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Reason

"State Regulation of Online Behavior: The Dormant Commerce Clause and Geolocation"

Prof. Jack Goldsmith (Harvard) and I will have this article out in the Texas Law Review early next year, and I'll be serializing it here in the next couple of weeks, starting Tuesday. There is still plenty of time for editing, so we'd love to hear any recommendations you folks…

Salon

Trump's law: End presidential privilege

Americans wanted to get over Watergate by letting Richard Nixon slink away quietly. Trump will do no such thing

Los Angeles Times

Doyle McManus: Biden has a chance to leave the Constitution stronger

When President Donald Trump left Washington last January after losing his noisy battle to overturn the 2020 election, it was tempting to heave a sigh of relief and rejoice that the guardrails of democracy had held.

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