Search for: "David Pozen"
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9 Apr 2019, 6:00 am
David Pozen and Joseph Fishkin in their Columbia Law Review essay, “Asymmetic Constitutional Hardball,“ document how conservative Republicans are far more likely than Democrats to overthrow longstanding constitutional conventions, particularly when staffing the federal courts. [read post]
17 Apr 2019, 6:00 am
Without proper vetting prior to disclosure, such internal documents could, in totality, present a classified picture, as explained by David Pozen’s mosaic theory of national security. [read post]
17 Mar 2019, 5:35 pm
United States: A Step Further in Privacy Protection but Not Far Enough, Southern University Law Review, Kyllie Mae Guidry, Southern University Law Center, Southern University Law Review, Students A Skeptical View of Information Fiduciaries, Harvard Law Review, Vol. 133, 2019, Forthcoming, Lina Khanand David Pozen, Yale University, Law School and Columbia University – Law School Recording as Heckling, Georgetown Law Journal, Vol. 108 (2019), U of Colorado Law… [read post]
26 Jan 2018, 2:38 am
The Interactive Constitution explainers on the Amendment by Brian Kalt and David Pozen also offer a nonpartisan summary of this important constitutional provision relating to presidential disability and succession. [read post]
7 Nov 2020, 3:12 am
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]
The Office of Legal Counsel Discloses Classified List of Opinions in Important Step for Transparency
21 Dec 2023, 9:02 am
The secrecy around OLC opinions means that it’s remarkably hard to glean the areas on which the OLC is rendering advice—many of the OLC’s memos have been shrouded in “deep secrecy,” to use David Pozen’s phrase. [read post]
24 Apr 2014, 4:37 am
David Pozen has argued, forcefully, that revealing minimal information about the purpose and nature of the drone program through ostensibly unauthorized leaks would enable the administration to signal its respect for the law without being compelled to disclose more (the more negative spin is that selective disclosures, official and unofficial, amount to the executive branch “cherry-picking” information that attests to the legality of the drone program and excising… [read post]
21 Apr 2024, 9:01 pm
As Columbia Law Professor David Pozen observes, in the more than half-century since the unrest of the late 1960s, “student protesters have repeatedly occupied [administration buildings,] held sit-ins in administrative offices, waged hunger strikes, staged walkouts, and more. [read post]
27 Feb 2013, 4:20 am
As David Pozen argued in a fine paper, in any situation involving potential disclosure of national security information, the court may view even disclosure of seemingly innocuous information as building a “mosaic” of data that terrorists can exploit. [read post]
12 May 2017, 4:43 am
Daphna Renan and David Pozen make a similar point, arguing that “the process by which Comey was fired appears to raise a version of the same professional concerns that the firing supposedly responds to”: a breach of Justice Department norms developed to protect integrity and independence. [read post]
15 Oct 2018, 5:00 am
One set of moves involves what my coauthor David Pozen calls anti-hardball, which paradoxically sometimes requires hardball: Democrats should use li [read post]
29 Jun 2017, 8:24 pm
Jeremy Kessler and David Pozen The University of Chicago Law Review has published a response by Charles Barzun to our article Working Themselves Impure: A Life Cycle Theory of Legal Theories. [read post]
18 Jun 2019, 6:00 am
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Ken I. [read post]
29 Jul 2020, 6:30 am
For the Symposium on Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).Leah LitmanMark Tushnet’s Taking Back the Constitution is a tour de force. [read post]
25 Apr 2020, 10:17 am
* Clarks v. [read post]
18 Feb 2015, 8:00 am
Promoting dialogue and curbing such polarizing “self-help” (see David Pozen’s study of the latter) thereby furthers the Framers’ design. [read post]
6 Mar 2019, 7:18 am
Through a combination of luck, the Electoral College, and what Professors Joseph Fishkin and David Pozen call “asymmetrical constitutional hardball,” Republican presidents have named 14 of 18 justices in the last 50 years, despite losing the popular vote in a majority of presidential elections during that period. [read post]
22 Dec 2010, 4:48 pm
Such data gathering should not be what David Pozen calls a “deep secret;” that is, citizens should not be “in the dark about the fact that they are being kept in the dark. [read post]
15 May 2019, 6:00 am
There is a profound affinity between “constitutional faith”—that this document, its institutions, and the “conversation” around it give us the materials to hang together, survive crises, and get to a better place—and its shadow, what David Pozen calls constitutional bad faith: denying the validity of disagreement and the prospect of political loss by loading up the Constitution with dogma that a lucid and candid mind might recognize as such but… [read post]
27 Oct 2020, 9:01 pm
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]
