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21 Apr 2022, 6:30 am by Guest Blogger
For the Balkinization Symposium on Joseph Fishkin and William Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022).David Pozen The Anti-Oligarchy Constitution offers a remarkable reimagining of American legal history. [read post]
20 Apr 2022, 6:30 am by Guest Blogger
As David Pozen notes in his contribution to this symposium, whether constitutionalizing claims for economic justice will actually facilitate the enactment of progressive policies is “an exceedingly complex empirical question, dependent on myriad contingent factors. [read post]
20 Apr 2022, 6:00 am by JB
.), David Pozen (Columbia), Bertrall Ross (Virginia), Gerald Torres (Yale), Mark Tushnet (Harvard), and Emily Zackin (Johns Hopkins).At the conclusion, Joey and Willy will respond to the commentators. [read post]
11 Feb 2022, 4:57 pm by INFORRM
David Pozen has a companion blog “‘Truth Drives Out Lies’ and Other Misinformation. [read post]
29 Jan 2022, 7:06 am by SHG
The archivist of the United States, David Ferriero, is now caught in the middle. [read post]
17 Dec 2021, 5:00 am by Michael C. Dorf
Both of these efforts are a sign that the Trump era has left a heritage of “movement/countermovement interaction” within the institutions of American federalism -- to adopt the terminology of sociologists David Meyer and Suzanne Staggenborg. [read post]
20 Jul 2021, 5:39 am by Paul Horwitz
The subject of the jot is David Pozen and Adam Samaha's excellent recent article "Anti-Modalities. [read post]
19 Apr 2021, 10:30 pm by Mitra Sharafi
Bookended by discussions of three books by legal liberals (Jack Balkin, Erwin Chemerinsky, Geoffrey Stone and David Strauss) and a book and article by progressive constitutional scholars (Mark Tushnet, David Pozen and Adam Samaha), this essay argues that legal liberalism today is intellectually exhausted. [read post]
31 Mar 2021, 1:38 pm by Ilya Somin
[Contributors include a variety of legal scholars, including, Jessica Bulman-Pozen, Dan Farber, and myself, among others.] [read post]
21 Feb 2021, 11:41 am by Victoria Gallegos
  Bryce Klehm announced a Lawfare Live episode, in which Lawfare’s Benjamin Wittes and David Pozen, a former clerk to Judge Merrick Garland and a professor at Columbia Law School, answered questions about Garland’s upcoming confirmation to be Attorney General: powered by Crowdcast Alexander Vindman argued the military’s decision to delay female officer promotions was not defensible and could have ended very badly. [read post]
31 Dec 2020, 5:24 am
The most forceful criticism comes from David Pozen and Lina Khan, who argue in the Harvard Law Review that the information fiduciary model “could cure at most a small fraction of the problems associated with online platforms—and to the extent it does, only by undercutting directors’ duties to shareholders, undermining foundational principles of fiduciary law, or both. [read post]
22 Dec 2020, 3:19 pm by David Super
           Third, the growing asymmetry in U.S. politics of which Joey Fishkin, David Pozen, and othershave written, was on stark display in this legislation. [read post]
7 Nov 2020, 3:12 am by INFORRM
Post Scriptum ● Columbia University Professors David Pozen and Michael Schudson have published an edited volume titled Troubling Transparency: The History and Future of Freedom of Information which brings together leading scholars from different disciplines to analyze freedom of information policies in the United States and abroad―how they are working, how they are failing, and how they might be improved. [read post]
27 Oct 2020, 9:01 pm by Michael C. Dorf
As I shall explain, any assessment of the relative costs and benefits of these and other proposals depends crucially on what exactly one thinks the problem is.Defining the ProblemMost Democrats see the current problem as one of what legal scholars Joseph Fishkin and David Pozen term “asymmetrical constitutional hardball. [read post]
21 Oct 2020, 9:36 am
Danchin, Jeremy Farrall, Shruti Rana, & Imogen Saunders, The Pandemic Paradox in International Law David E. [read post]
8 Oct 2020, 9:30 pm by ernst
The Trump Presidency in Comparative and Historical Perspective," with Mark Graber, Kim Lane Scheppele, David Pozen, Miguel Schor and Ralf Michaels) and these two plenary panels on Thursday:"What is the Relationship between Comparative Law and Legal History? [read post]
2 Oct 2020, 9:37 am by Scott Bomboy
Kalt and David Pozen The Unusual, Imperfect, Excellent Twenty-Fifth Amendment by Brian C. [read post]