Search for: "David Pozen"
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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]
14 May 2019, 6:30 am
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
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]
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 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]
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]
26 Feb 2019, 3:30 am
Joseph Fishkin and David Pozen, Asymmetric Constitutional Hardball, 118 Colum. [read post]
22 Feb 2019, 5:37 am
A great honor. [read post]
29 Jan 2019, 10:54 am
David Strauss will deliver a keynote address. [read post]
28 Jan 2019, 3:01 pm
David Strauss will deliver a keynote address. [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]
15 Dec 2018, 6:00 am
David Pozen (Columbia), The Tax-Code Shift That’s Changing Liberal Activism: The “resistance” to President Donald Trump has shaken up American politics on a highly public stage. [read post]
12 Dec 2018, 5:00 am
David Pozen has an interesting piece in The Atlantic regarding social justice organizations' increasing embrace of 501(c)(4) status over (c)(3) status. [read post]
8 Dec 2018, 8:58 am
For some on the progressive side, writes David Pozen, who teaches law at Columbia, this is in part a matter of giving up on the Supreme Court as an engine of far-reaching social change. [read post]
29 Oct 2018, 1:21 pm
Dipayan Ghosh, Pozen Fellow at Harvard's Shorenstein Center and co-author of a new report, "Digital Deceit II: A Policy Agenda to Fight Disinformation on the Internet. [read post]
21 Oct 2018, 9:16 am
Jeremy Kessler and David Pozen have posted a draft of their paper The Search for an Egalitarian First Amendment on SSRN (available here). [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]
11 Oct 2018, 6:30 am
Jeremy Kessler, and David Pozen, Columbia University Law School, have posted The Search for an Egalitarian First Amendment, which is forthcoming in the Columbia Law Review:Over the past decade, the Roberts Court has handed down a series of decisions that demonstrate the degree to which the First Amendment can be used to thwart economic and social welfare regulation—generating widespread accusations that the Court has created a "new Lochner. [read post]
19 Sep 2018, 1:31 pm
Walker (Stanford 2006 / Kozinski), professor at Ohio StateJustice David H. [read post]
14 Sep 2018, 9:30 pm
Over at Balkinization, David Pozen has an important post on the debate prompted by Matthew Connelly’s report, State Secrecy, Archival Negligence, and the End of History as We Know It. [read post]