David Pozen

Professor of Law

David Pozen

Professor of Law

David Pozen is a Professor of Law at Columbia Law School. He teaches and writes about  constitutional law, national security law, and information law, among other topics. For the 2017-2018 academic year, Pozen will be the Knight First Amendment Institute at Columbia University's inaugural visiting scholar. 

From 2010 to 2012, Pozen served as special advisor to Harold Hongju Koh, the Department of State’s legal adviser. Previously, Pozen was a law clerk from 2009 to 2010 for Justice John Paul Stevens on the U.S. Supreme Court and, from 2008 to 2009, for Judge Merrick B. Garland on the U.S. Court of Appeals for the District of Columbia Circuit. Pozen served as special assistant to Sen. Edward M. Kennedy on the Senate Judiciary Committee from 2007 to 2008.

While in law school, Pozen was a book reviews editor of the Yale Law Journal and an Olin Fellow in Law, Economics, and Public Policy. He was awarded the Scharps Prize for the best paper by a third-year student; the Townsend Prize for best paper by a second-year student; the Cohen Prize for best paper on a subject related to literature and the law; and the Gherini Prize for best paper on international law or conflict of laws.

In 2013, the Columbia Society of International Law recognized Pozen with its Faculty Honors Award.

  • J.D., Yale Law School, 2007
  • M.Sc., Oxford University, 2003
  • B.A., Yale College, 2002

Selected Publications (available on SSRN

  • “Asymmetric Constitutional Hardball,” (with Joseph Fishkin), 118 Columbia Law Review, forthcoming 2018 
  • “Freedom of Information Beyond the Freedom of Information Act,” 165 University of Pennsylvania Law Review, 2017 
  • “Working Themselves Impure: A Life Cycle Theory of Legal Theories,” (with Jeremy K. Kessler), 83 University of Chicago Law Review, 2016 
  • “Constitutional Bad Faith,” 129 Harvard Law Review, 2016
  • “Privacy-Privacy Tradeoffs,” 83 University of Chicago Law Review, 2016
  • “Uncivil Obedience,” (with Jessica Bulman-Pozen), 115 Columbia Law Review, 2015
  • “Self-Help and the Separation of Powers,” 124 Yale Law Journal, 2014
  • “The Leaky Leviathan: Why the Government Condemns and Condones Unlawful Disclosures of Information,” 127 Harvard Law Review, 2013
  • “Deep Secrecy,” 62 Stanford Law Review, 2010
  • “Judicial Elections as Popular Constitutionalism,” 110 Columbia Law Review, 2010
  • “Building Criminal Capital Behind Bars: Peer Effects in Juvenile Corrections,” (with Patrick Bayer and Randi Hjalmarsson), 124 Quarterly Journal of Economics, 2009
  • “The Irony of Judicial Elections,” 108 Columbia Law Review, 2008
  • “Hidden Foreign Aid,” 8 Florida Tax Review, 2007
  • “Remapping the Charitable Deduction,” 39 Connecticut Law Review, 2006
  • “The Effectiveness of Juvenile Correctional Facilities: Public Versus Private Management,” (with Patrick Bayer), 48 Journal of Law & Economics, 2005
  • Note, “The Mosaic Theory, National Security, and the Freedom of Information Act,” 115 Yale Law Journal, 2005


Constitutional Law
International Law
Reading Group in the American Constitutional Tradition
S. Law of Government Secrecy
S. Nonprofit Law and Policy
S. Public Law Workshop