Search for: "David Pozen" Results 41 - 60 of 191
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31 Jul 2019, 6:48 pm by Christine Corcos
Conventional legal scholarship, such as that written by Josh Chafetz, David E. [read post]
31 Jul 2019, 6:48 pm
Conventional legal scholarship, such as that written by Josh Chafetz, David E. [read post]
21 Jun 2019, 8:00 am by JB
David Pozen, The Shrinking Constitution of Settlement3. [read post]
20 Jun 2019, 9:31 pm by Howard Wasserman
A nice takedown by David Pozen of how VAR alters the "rules" of soccer, for the worse. [read post]
18 Jun 2019, 6:00 am by Guest Blogger
For the symposium on Ken Kersch, Conservatives and the Constitution (Cambridge University Press, 2019).Ken I. [read post]
9 Jun 2019, 7:30 am by Sandy Levinson
Balkin, Democracy and Dysfunction (University of Chicago Press, 2019).David Pozen’s post suggests that what I call “the Constitution of settlement” is in fact potentially less truly “settled” than it may seem to be. [read post]
15 May 2019, 6:00 am by Guest Blogger
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]
14 May 2019, 6:30 am by Stephen Griffin
  As David Pozen helpfully describes in his post, these issues now are on the table, although it is doubtful that they are equally attractive across the partisan/tribal divide. [read post]
6 May 2019, 5:31 am by JB
This week at Balkinization we are hosting a symposium on Sandy's and my new book, Democracy and Dysfunction (University of Chicago Press, 2019).We have assembled a terrific group of commentators, including Julia Azari (Marquette), Steve Griffin (Tulane), Gerard Magliocca (Indiana), Frank Pasquale (Maryland), Eric Posner (Chicago), David Pozen (Columbia), and Corey Robin (Brooklyn College/CUNY).At the conclusion, Sandy and I will respond to the commentators. [read post]
17 Apr 2019, 6:00 am by Darren E. Tromblay
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]
9 Apr 2019, 6:00 am by Mark Graber
  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]
30 Mar 2019, 4:24 am by Lev Sugarman
David Pozen used civil disobedience theory as a framework to analyze Edward Snowden’s 2013 disclosures. [read post]
27 Mar 2019, 8:10 am by Lev Sugarman
David Pozen analyzed Edward Snowden’s actions in the context of civil disobedience theory. [read post]
17 Mar 2019, 5:35 pm by INFORRM
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]
6 Mar 2019, 7:18 am by Michael Dorf
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]
4 Mar 2019, 8:52 am by Ryan Scoville
As David Pozen has argued, agency compliance with FOIA expends financial resources, diverts attention from other tasks, potentially deters candid deliberation by government employees and appears to foster unduly negative perceptions of the executive branch. [read post]
26 Feb 2019, 3:30 am by Deborah Pearlstein
Joseph Fishkin and David Pozen, Asymmetric Constitutional Hardball, 118 Colum. [read post]