David E. Pozen

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Transparency’s Ideological Drift

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 transformation.

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Self-Help and the Separation of Powers

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Tax Expenditures as Foreign Aid

116 Yale L.J. 869 (2007)

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

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 asserting the theory more aggressively after 9/11, thereby testing the limits of executive secrecy and...