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Structural constitutional law regulates the workings of government and supplies the rules of the political game. Whether by design or by accident, these rules sometimes tilt the playing field for or against certain political parties—not just episodically, based on who holds power at a given moment, but systematically over time—in terms of electoral outcomes or policy objectives. In these instances, structural constitutional law is itself structurally biased. What do these biases look like, how do they arise, and why do they seem to be intensifying today? Join the Constitutional Law Center for a discussion of these questions with Jonathan Gould, assistant professor of law at Berkeley Law School, and David Pozen, professor of law at Columbia Law School, based on their paper “Structural Biases in Structural Constitutional Law.”
Jonathan S. Gould Jonathan Gould is an Assistant Professor at Berkeley Law School. His research focuses on the relationship between politics and law, with special attention to Congress and the legislative process. In exploring these topics, he draws on a variety of methods and literatures, including from political theory, public law, and political science. Gould’s scholarship has been published or is forthcoming in the Yale Law Journal, the Virginia Law Review, the N.Y.U. Law Review, and the Georgetown Law Journal. His article Law Within Congress won the Association of American Law Schools’ 2020 Scholarly Papers Prize for work by a faculty member in their first five years of law teaching. To view full bio, click here. |
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David Pozen David Pozen teaches and writes about constitutional law, information law, and nonprofit law, among other topics. 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.” Justice Mariano-Florentino Cuéllar of the California Supreme Court, the selection committee chair, described Pozen’s writings on government secrecy and constitutional theory as “remarkable” and “widely influential,” “as timely as they are learned and as creative and thought-provoking as they are nuanced and precise.” To view full bio, click here. |