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14 Jun 2017, 9:17 pm by kate
” Or as David Pozen described the government’s approach to leak prosecutions in The Leaky Leviathan, “In formal terms this legal regime looks forbidding, draconian. [read post]
13 Jun 2017, 9:30 pm by Dan Ernst
Barzun, University of Virginia School of Law, has posted Working for the Weekend: A Response to Kessler & Pozen:In "Working Themselves Impure: A Life Cycle Theory of Legal Theories," Professors Jeremy Kessler and David Pozen argue that prescriptive legal theories tend to cannibalize themselves over time. [read post]
30 May 2017, 1:05 pm by Susan Hennessey
Helen Murillo and I previous wrote on the law of leaks, situating the Flynn disclosures in the motivational typologies offered by David Pozen: Pozen suggests that although leakiness is “often taken to be a sign of institutional failure, “[i]t may be better understood as an adaptive response to key external liabilities—such as the mistrust generated by presidential secret keeping and media manipulation—and internal pathologies—such as… [read post]
18 May 2017, 7:22 pm by Sabrina I. Pacifici
“Don’t Be So Quick to Call Those Disclosures ‘Legal‘ by Elizabeth Goitein, Just Security, May 17, 2017 “Why Trump’s Disclosure to Russia (and Urging Comey to Drop the Flynn Investigation, and Various Other Actions) Could Be Unlawful” by Marty Lederman and David Pozen, Just Security, May 17, 2017 “Trump’s disclosures to the Russians might actually have been illegal” by Steve Vladeck, Washington Post, May 16, 2017 [read post]
13 May 2017, 8:51 am by Quinta Jurecic
Paul examined the substantive failures of Rosenstein’s memo, while Daphna Renan and David Pozen argued that the memo bears the hallmarks of exactly the procedural failures of which Rosenstein accused Comey. [read post]
12 May 2017, 10:51 am by Quinta Jurecic
Daphna Renan and David Pozen argued that by circumventing the ongoing DOJ Inspector General investigation into Comey’s actions during the 2016 campaign, the process by which he was fired appears to raise a version of the same professional concerns leveled against Comey. [read post]
12 May 2017, 4:43 am by Benjamin Wittes
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]
11 May 2017, 8:52 am by Jack Goldsmith, Helen Klein Murillo
As Daphna Renan and David Pozen note, Deputy Attorney General Rod Rosenstein’s memorandum to Attorney General Sessions on Comey’s action last summer, which was the ostensible basis for firing FBI Director James Comey, circumvented the ongoing investigation into Comey’s actions by DOJ Inspector General Michael Horowitz. [read post]
18 Apr 2017, 9:48 am by Paul Horwitz
Jennifer Nou has been doing great and useful work on this subject, and why I think the earlier article by Jessica Bulman-Pozen and David Pozen on Uncivil Obedience is useful and newly timely, even if I also spend a good deal of time in... [read post]
13 Apr 2017, 4:40 pm by NCC Staff
David Pozen is Professor of Law at Columbia Law School. [read post]
27 Feb 2017, 7:04 pm by Sabrina I. Pacifici
Few, if any, journalists have been prosecuted to date, but they may end up in jail for refusing to divulge their sources to a grand jury investigating a leak…” See also Washington Post – President Trump’s war on leaks, explained – an interview with “Steven Aftergood, the head of the Project on Government Secrecy at the Federation of American Scientists, and David Pozen, a professor at Columbia Law School who has written extensively about… [read post]
24 Feb 2017, 4:42 am by Paul Caron
Miranda Perry Fleischer (San Diego) presents Subsidizing Charity Liberally at Columbia today as part of its Public Law Workshop Series hosted by David Pozen: When visiting America over 150 years ago, Alexis De Tocqueville was amazed by the role of charities in American society. [read post]
17 Feb 2017, 9:00 am by Dan Ernst
We were quite fortunate Tuesday to attend "In re Judith Miller: National Security Privilege," an extremely timely and important reargument and panel discussion, sponsored by the Historical Society of the DC Circuit, in which the historical nature of the topic permitted judges, lawyers (including former DOJ officials), and a law professor (Columbia Law's David Pozen) to address the difficult issues raised by leaking by public officials. [read post]
15 Feb 2017, 12:44 pm by Susan Hennessey, Helen Klein Murillo
The President is having a bad week. [read post]
14 Feb 2017, 7:37 am by Media Law Prof
David Pozen, Columbia Law School, is publishing Freedom of Information Beyond the Freedom of Information Act in the University of Pennsylvania Law Review (2017). [read post]
12 Dec 2016, 11:08 am by Peter Margulies
Similarly, while surveillance can intrude on privacy, it can also preserve it, as David Pozen writes here, by supplying tools to combat cyber criminals who harvest personal information to serve their own agendas. [read post]
19 Nov 2016, 8:26 am by Sandy Levinson
 If one shares the perception that he (and his developing "team") are a true menace, then we should take absolutely seriously the suggestion of David Pozen to work with Republican electors to bring forth a compromise third candidate who can bring the country back from the brink of calamity. [read post]