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28 Dec 2023, 6:11 am
David Pozen: One of the most significant disagreements on Balkinization seems to have reached an impasse. [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]
27 Jun 2023, 6:30 am
David S. [read post]
26 Jun 2023, 6:30 am
My argument is not, as David Schwartz asserts, that Madison used the word interpose “incorrectly. [read post]
23 Jun 2023, 9:30 pm
Contributors so far include Grace Mallon, David S. [read post]
14 Jun 2023, 6:00 am
We have assembled a terrific group of commentators, including Jessica Bulman-Pozen (Columbia), Mark Graber (Maryland), Alison LaCroix (Chicago), Sandy Levinson (Texas), Grace Mallon (Oxford), Edward Purcell (New York Law School), and David Schwartz (Wisconsin).At the conclusion, Chris will respond to the commentators. [read post]
22 Feb 2023, 5:16 am
” However, as noted by David Pozen, then-special assistant to Sen. [read post]
8 Feb 2023, 6:30 am
David Pozen, A Constitutional Blog in Constitutional Time16. [read post]
21 Jan 2023, 6:48 pm
This is an enjoyable post by David Pozen, written as part of a 20th anniversary series on Balkinization. [read post]
21 Jan 2023, 6:30 am
For the Balkinization 20th Anniversary SymposiumDavid Pozen Balkinization isn’t what it used to be. [read post]
11 Oct 2022, 6:05 am
This leak—or what David Pozen might call a “pleak,” neither a plant nor a leak but something in between—is not a substitute for full disclosure by the government of the rules that regulate American war-making. [read post]
19 Sep 2022, 6:30 am
[4] David Landau, “Abusive Constitutionalism,” University of California Davis Law Review (2013) 47: 189; Kim Lane Scheppele, “Autocratic Legalism,” University of Chicago Law Review (2018) 85: 545 [read post]
16 Sep 2022, 2:46 pm
Jessica Bulman-Pozen and Miriam Seifter highlighted the important role that state constitutions can and should play in protecting free and fair elections and limiting voter suppression. [read post]
12 Sep 2022, 1:04 pm
David Priess shared the latest edition of Chatter featuring a discussion with Kevin Bryant on his new book about spying tactics in the NFL. [read post]
9 Sep 2022, 2:44 pm
Jessica Bulman-Pozen and Miriam Seifter discussed how state constitutions can be used as a defense mechanism against election subversion efforts. [read post]
22 Jun 2022, 6:30 am
David Pozen, Inside or Outside the Modalities? [read post]
21 Jun 2022, 8:00 am
We don’t have space here to respond to everything in the terrific bunch of responses from Emily Zackin, David Pozen, Mark Tushnet, Kate Andrias, Ken Kersch, Gerald Torres, Bertrall Ross, and Mark Graber. [read post]
19 Jun 2022, 5:08 am
(quoting David E. [read post]
21 Apr 2022, 6:30 am
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
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]
