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 is 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 YorkerNew York TimesWashington PostHarper'sPolitico, SalonTimeAmerican Scholar, and numerous other publications. In 2013, the Columbia Society of International Law recognized Pozen with its Faculty Honors Award.

Knight Institute 2017 visiting scholar announcement: 

Columbia Law School Magazine 2013 profile: 
(p. 20)

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

Selected Publications (available on SSRN

  • "Transparency's Ideological Drift," 128 Yale Law Journal, forthcoming 2018
  • "How Constitutional Norms Break Down," (with Josh Chafetz), 65 UCLA Law Review, forthcoming 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
  • “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


Download Full C.V.
Constitutional Law
Reading Group in the American Constitutional Tradition
S. Nonprofit Law and Policy
S. Public Law Workshop