David Pozen

Digging a Hole: The Legal Theory Podcast

Have you ever wondered about the legal history of the war on drugs? Even if you haven’t, we won’t mollycoddle you – this episode’s a trip. Our guest on today’s podcast is a scholar of constitutional law and information law known for really getting in the weeds and dunking what we think we know in an acid bath. We’re delighted to have joining us today the radical David Pozen, Charles Keller Beekman Professor at Columbia Law School, here to talk about his far out new book, The Constitution of the War on Drugs.

In this episode, we dive into the law, politics, and history of drug legalization and criminalization in the United States. We begin by Pozen giving an impassioned plea for how the war on drugs implicates racial justice, equal protection, federalism, and cruel and unusual punishment. Next, Sam dunks on history. Throughout the episode, we discuss the political economy of drugs (New York’s botched marijuana rollout) and generational divides (Clinton’s “I didn’t inhale”). We end by contemplating the brain-bending, otherworldly potential of the First Amendment to protect heightened brain states. Pour yourself a Coke and enjoy.

This podcast is generously supported by Themis Bar Review.

Referenced Readings

• “Silver Blaze” by Arthur Conan Doyle

• “Beyond Carolene Products” by Bruce Ackerman

• The American Disease: Origins Of Narcotic Control by David Musto

• “The Crisis in Teaching Constitutional Law” by Jesse Wegman

• The Age of Addiction: How Bad Habits Became Big Business by David Courtwright

• How to Change Your Mind by Michael Pollan