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


Respondents’ Amicus Briefs in Mulhall

Published September 28th, 2013 -

At least two Amicus brief were filed yesterday in Mulhall support of Respondents.  Here is the brief by the Council on Labor Law Equality.  And here is the brief by the National Federation of Independent Business Small Business Legal Center (NFIB Legal Center)... More »


Respondents’ Briefs in Mulhall

Published September 20th, 2013 -

Today the respondents in Unite Here Local 255 v. Mulhall filed their briefs on the merits.  Here is the brief by respondent Martin Mulhall.  And here is the brief by respondent Hollywood Greyhound Park Inc.  Thoughts next week. More »


USG Brief in NLRB v. Canning

Published September 17th, 2013 -

Petitioner the United States has filed its merits brief in NLRB v. Canning, the case about the constitutionality of President Obama’s recess appointments to the NLRB, which potentially implicates the validity of hundreds of NLRB decisions in the last few years... More »


Administration Rejects Unions' Obamacare Request

Published September 14th, 2013 -

The Obama Administration officially rejected several unions’ request for tax credits for multiemployer healthcare plans under the Affordable Care Act.  (Jordan reviewed the background here.)  A senior administration official told Ezra Klein that the administra... More »


Are Fast Food Strikes Quickening Robot Takeover?

Published September 4th, 2013 -

The fast food strikes have invited a spate of stories on whether the push for higher wages will quicken the robot takeover of these jobs.  Last week the restaurant lobby Employment Policies Institute published this ominous ad in the WSJ: The ad invited pushbac... More »


Thompson on Why Fast-Food Worker Strikes Are Doomed

Published September 1st, 2013 -

Derek Thomson at the The Atlantic maintains that the fast-food work strikes won’t accomplish much.  His argument in a nutshell: The strikes would have a much better shot at inspiring a change in franchise- and corporate-level policy if fast-food chains perceiv... More »


Why Haven't Unions Done Better in the Obama Era?

Published August 29th, 2013 -

Unions were central to the election and re-election of President Obama, and to the passage of Obamacare.  But some unions are not pleased with his administration right now because on some important issues, including Obamacare, the administration seems to be wo... More »


Unions' Amicus Brief in Mulhall

Published August 22nd, 2013 -

Here is the amicus brief filed by the American Federation of Labor and Congress of Industrial Organizations, Service Employees International Union, and National Education Association, in support of Petitioner UNITE HERE in Mulhall. More »


Three Problems in Mulhall

Published August 21st, 2013 -

I have already explained why the Supreme Court’s grant of certiorari in Mulhall seemed to defy its usual criteria for cert-worthiness, and suggested that at least four members of the Court were itching to affirm.  After further pondering the case, and acknowle... More »


The Two Central Issues in Mulhall

Published August 19th, 2013 -

As Ben noted, the contract at issue in Mulhall is an alternative to the Wagner Act/NLRB regime for labor organizing and bargaining.  In the contract, the employer agreed to remain neutral toward union organizing efforts, to recognize the union through a majori... More »


What the Grant of Certiorari in Mulhall Means

Published August 13th, 2013 -

Over the next two weeks I will be offering my preliminary thoughts on Mulhall (which Ben posted on last week).  Here I will address the significance of the Court’s grant of certiorari in the case. At first I thought that pro-labor groups, gripped by understand... More »