David Pozen

Professor of Law

David Pozen

David
Pozen
Professor of Law

David Pozen is a Professor of Law at Columbia Law School. He teaches and writes about constitutional law and information law, among other topics.

For the 2017-2018 academic year, Pozen was the inaugural visiting scholar at the Knight First Amendment Institute at Columbia University. From 2010 to 2012, Pozen served as special advisor to Harold Hongju Koh at the Department of State. Previously, Pozen was a law clerk for Justice John Paul Stevens on the U.S. Supreme Court and for Judge Merrick B. Garland on the U.S. Court of Appeals for the District of Columbia Circuit, and a special assistant to Senator Edward M. Kennedy on the Senate Judiciary Committee.

Pozen's scholarship has been discussed in the New Yorker, New York Times, Washington Post, Harper's, Politico, Salon, Slate, Time, American Scholar, and numerous other publications. In 2019, the American Law Institute named Pozen the recipient of its Early Career Scholars Medal, which is awarded every other year to "one or two outstanding early-career law professors whose work is relevant to public policy and has the potential to influence improvements in the law."

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

Selected Publications (available on SSRN

  • "A Computational Analysis of Constitutional Polarization," (with Eric L. Talley & Julian Nyarko), 105 Cornell Law Review, forthcoming 2019
  • "A Skeptical View of Information Fiduciaries," (with Lina M. Khan), 133 Harvard Law Review, forthcoming 2019
  • "The Search for an Egalitarian First Amendment," (with Jeremy K. Kessler), 118 Columbia Law Review, 2018
  • "Transparency's Ideological Drift," 128 Yale Law Journal, 2018
  • "How Constitutional Norms Break Down," (with Josh Chafetz), 65 UCLA Law Review, 2018
  • “Asymmetric Constitutional Hardball,” (with Joseph Fishkin), 118 Columbia Law Review, 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

 

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Courses
Constitutional Law
Reading Group in the American Constitutional Tradition
S. Nonprofit Law and Policy
S. Public Law Workshop