The Yale Law Journal

David E. Pozen

Article

Transparency’s Ideological Drift

David E. Pozen

From the early twentieth century to the present, the concept of transparency in American law has drifted across the political spectrum. Originally linked with progressive causes, it is now associated primarily with libertarian or neoliberal aims. This Article traces this multigenerational transforma…

Article

Self-Help and the Separation of Powers

David E. Pozen

Self-help doctrines pervade the law. They regulate a legal subject’s attempts to cure or prevent a perceived wrong by her own action, rather than through a mediated process. In their most acute form, these doctrines allow subjects to take what international lawyers call count…

Comment

Tax Expenditures as Foreign Aid

David E. Pozen

116 Yale L.J. 869 (2007)

Note

The Mosaic Theory, National Security, and the Freedom of Information Act

David E. Pozen

115 Yale L.J. 628 (2005)

This Note documents the evolution of the "mosaic theory" in Freedom of Information Act (FOIA) national security law and highlights its centrality in the post-9/11 landscape of information control. After years of doctrinal stasis and practical anonymity, federal agencies began…