Jack Goldsmith

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Show BioHide BioJack Goldsmith is the Henry L. Shattuck Professor at Harvard Law School, where he teaches and writes about national security law, international law, internet law, and, recently, labor history.  Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.  Professor Goldsmith is writing a book about Jimmy Hoffa’s place in American history.  He can be reached at goldsmith.onlabor@gmail.com.

39 posts


SEIU’s California Ballot Initiative Threats

Published December 4th, 2013 -

As we noted a few days ago, SEIU is contemplating several ballot initiatives in California ostensibly related to controlling hospital health care costs which it says it will drop if California hospitals agree to some form of organizing/neutrality agreement wit... More »


Petitioners’ Merits Brief in Harris [Updated]

Published November 22nd, 2013 -

The Petitioners’ merits brief in the big public sector union case in the Supreme Court, Harris v. Quinn, was filed today and can be found here.  (The Joint Appendix is here.)  Former Obama administration Acting Solicitor General Neal Katyal, along with his Hog... More »


Quick Reactions to Mulhall Argument

Published November 13th, 2013 -

I am traveling and have only a moment now to comment on today’s oral argument in Mulhall.  After reading through the transcript once, my quick initial reactions are as follows. It is always hazardous to predict ultimate disposition from oral argument, but I wo... More »


Why Mulhall is a Hard Case

Published November 11th, 2013 -

The Supreme Court case considering the legality of union organizing agreements – UNITE HERE Local 355 v. Mulhall – is being argued Wednesday.  Ben describes Mulhall in today’s NYT as potentially “the most significant labor case in a generation.”  The case is s... More »


James Sherk on Conservatives and Alt-Labor

Published October 22nd, 2013 -

James Sherk of the Heritage Foundation writes in: As a conservative who works on labor policy issues for the Heritage Foundation, I partially agree with Jack’s post on Conservative Support for Alt-Labor. I absolutely agree that the 8(a)(2) ban on alternative f... More »


Conservative Support for Alt-Labor

Published October 17th, 2013 -

Robert VerBruggen has an interesting essay about why conservatives – or at least libertarian conservatives – should support “alt-Labor” strategies like the fast-food strikes waged last summer.  VerBruggen defines alt-Labor as follows: “Instead of going through... More »


Frampton on Standing in Mulhall

Published October 7th, 2013 -

Last month I outlined three “procedural hurdles” to affirmance in Mulhall: a possible absence of a private right of action, inadequate pleading, and mootness.  In a good essay just posted on SSRN, Thomas Frampton, a Berkeley law grad and a law clerk for Judge ... More »