Search for: "David Pozen"
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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]
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]
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]
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]
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]
18 Jun 2019, 6:00 am
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Ken I. [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]
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]
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]
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]
5 May 2013, 7:17 am
Seana Shiffrin, Lying and the Law Discussant: Jack Balkin Chapter of book on sincerity and law. [read post]
23 Jul 2020, 5:55 am
Key Findings Allowing companies to fully and immediately deduct investments in structures is one of the most cost-efficient ways lawmakers can stimulate investment, create jobs, and boost GDP during a post-pandemic recovery. [read post]
4 Mar 2010, 6:09 am
Writing in the Stanford Law Review, another professor, David Engel, [2] precisely articulated the standards to which corporations would need to subscribe in order to legitimate this unregulated power within a democratic society: Disclose fully the impact of their operations on society Obey the law Restrain their impact on government– both elections and administration Today, we are surrounded by the wreckage of this seemingly noble experiment. [read post]
26 Dec 2018, 9:30 pm
Yet, according to Columbia Law School Professor David Pozen, modern advocates for transparency now pursue a more libertarian, skeptical bent that aims to make government not more democratic and functional but smaller and less effective. [read post]
22 Feb 2012, 1:30 pm
” Many in this group are graduates of this law school: My special assistant and Navy reservist Brodi Kemp, who is here with me today (class of ‘04); Caroline Krass at OLC (class of ’93); Dan Koffsky at OLC (class of ’78); Marty Lederman, formerly of OLC (class of ‘88); Greg Craig, the former White House Counsel (class of ’72); Bob Litt, General Counsel of ODNI (class of ‘76); Retired Marine Colonel Bill Lietzau (class of ’89); Beth Brinkman at… [read post]
19 Jun 2022, 5:08 am
(quoting David E. [read post]
