Child Categories
Government Transparency
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Book Review: Louis Fisher, In the Name of National Security: Unchecked Presidential Power and the Reynolds Case
January 23, 2023
Adrian Vermeule, Book Review: Louis Fisher, In the Name of National Security: Unchecked Presidential Power and the Reynolds Case, 122 Pol. Sci. Q. 322 (2007).
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Improper Commands from President Trump’s Employees?
January 21, 2023
Nikolas Bowie, Improper Commands from President Trump’s Employees?, Take Care (Mar. 16, 2017).
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Transparency as a Political Hot Button: The Case of Kuwait
January 6, 2023
David McCraw, Transparency as a Political Hot Button: The Case of Kuwait, in Exporting the Matrix: The Campaign to Reform Media Laws Abroad 77 (Richard…
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The End to an Unspoken Bargain? National Security and Leaks in a Post-Pentagon Papers World
January 6, 2023
David McCraw & Stephen Gikow, The End to an Unspoken Bargain? National Security and Leaks in a Post-Pentagon Papers World, 48 Harv. C.R.-C.L. L. Rev.
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David McCraw, The “Freedom from Information Act”: A Look Back at FOIA, Nader, and What Went Wrong, 126 Yale L.J. F. 232 (2016).
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Smart disclosure: promise and perils
December 20, 2022
Oren Bar-Gill, Smart Disclosure: Promise and Perils, 5 Behav. Pub. Pol’y 238 (2021).
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Smart Disclosure: Promise and Perils
December 20, 2022
Oren Bar-Gill, Smart Disclosure: Promise and Perils, Behavioural Public Policy (August 2019).
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The Special Counsel Investigating Trump Is Wasting No Time
December 15, 2022
Dennis Aftergut & Laurence H. Tribe, The Special Counsel Investigating Trump Is Wasting No Time, Slate (Dec. 13, 2022).
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The Penal Pyramid
October 19, 2022
Alexandra Natapoff, The Penal Pyramid, in The New Criminal Justice Thinking 71 (2017).
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Patriotic Philanthropy? Financing the State with Gifts to Government
October 19, 2022
Margaret H. Lemos & Guy-Uriel Charles, Patriotic Philanthropy: Financing the State with Gifts to Government, 106 Calif. L. Rev. 1129 (2018).
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Government as Owner of Intellectual Property: Considerations for Public Welfare in an Era of Big Data
October 19, 2022
Ruth L. Okediji, Government as Owner of Intellectual Property: Considerations for Public Welfare in an Era of Big Data, 18 Vand. J. Ent. & Tech.
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Promoting Opportunity Through Impact Statements: A Tool for Policymakers to Assess Equity
October 19, 2022
Alan Jenkins, Juhu Thukral, Kevin Hsu, Nerissa Kunakemakorn & Megan Haberle, Promoting Opportunity through Impact Statements: A Tool for Policymakers to Assess Equity, 6 Advance,…
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Economic Incentives, Environmental Law, and Democracy
October 19, 2022
Cass R. Sunstein, Economic Incentives, Environmental Law, and Democracy, 21 Ecology L.Q. 455 (1994).
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Informing America: Risk, Disclosure, and the First Amendment
October 19, 2022
Cass R. Sunstein, Informing America: Risk, Disclosure, and the First Amendment, 20 Fla. St. U. L. Rev. 653 (1993).
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Humanizing Cost-Benefit Analysis
October 19, 2022
Cass R. Sunstein, Humanizing Cost-Benefit Analysis, 1 Eur. J. Risk Reg. 3 (2011).
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Output Transparency vs. Input Transparency
October 19, 2022
Cass R. Sunstein, Output Transparency vs. Input Transparency (Aug. 18, 2016).
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Informational Standing: Akins and Beyond
October 19, 2022
Cass R. Sunstein, Informational Standing: Akins and Beyond, 147 U. Pa. L. Rev. 613 (1999).
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The Arithmetic of Arsenic
October 19, 2022
Cass R. Sunstein, The Arithmetic of Arsenic, 90 Geo. L.J. 2255 (2002).
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Government Control of Information
October 19, 2022
Cass R. Sunstein, Government Control of Information, 74 Calif. L. Rev. 889 (1986).
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Formal Rulemaking and Judicial Review: Protecting Jobs and the Economy with Greater Regulatory Transparency and Accountability: Hearing Before the H. Subcomm. on Courts, Commercial &…
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Corruption and Democratic Institutions: A Review and Synthesis
October 19, 2022
Matthew C. Stephenson, Corruption and Democratic Institutions: A Review and Synthesis, in Greed, Corruption, and the Modern State Essays in Political Economy 92 (Susan Rose-Ackerman…
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Bureaucratic Decision Costs and Endogenous Agency Expertise
October 19, 2022
Matthew C. Stephenson, Bureaucratic Decision Costs and Endogenous Agency Expertise, 23 J. L. Econ. & Org. 469 (2007).
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Optimal Political Control of the Bureaucracy
October 19, 2022
Matthew C. Stephenson, Optimal Political Control of the Bureaucracy, 107 Mich. L. Rev. 53 (2008).
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Heller and the Critique of Judgment
October 19, 2022
Mark Tushnet, Heller and the Critique of Judgment, 2008 Sup. Ct. Rev. 61.
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Dividing Citizens United: The Case v. The Controversy
October 19, 2022
Laurence H. Tribe, Dividing Citizens United: The Case v. The Controversy, 30 Const. Comment. 463 (2015).
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Some Reflections on the Progressive Case: Publish and Perish?
October 19, 2022
Laurence Tribe & David H. Remes, Some Reflections on the Progressive Case: Publish and Perish?, Bull. Atomic Sci., Mar. 1980, at 20.
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All Together Now
October 19, 2022
Lawrence Lessig, All Together Now, 101 Sierra Mag. Sept./Oct. 2016, at 30.
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Nonparty Remote Electronic Access to Tax Court Records
October 19, 2022
Maggie Goff & T. Keith Fogg, Nonparty Remote Electronic Access to Tax Court Records, 167 Tax Notes Fed., May 4, 2020, at 771.
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What Would a Serious Investigation of Brett Kavanaugh Look Like?
October 19, 2022
Jeannie Suk Gersen, What Would a Serious Investigation of Brett Kavanaugh Look Like?, NewYorker.com (Sept. 20, 2018).
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Trump’s Affairs and the Future of the Nondisclosure Agreement
October 19, 2022
Jeannie Suk Gersen, Trump’s Affairs and the Future of the Nondisclosure Agreement, NewYorker.com (Mar. 30, 2018, 12:53 PM).
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The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis
October 19, 2022
Oona A. Hathaway, Bradley Curtis & Jack L. Goldsmith, The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis, 134 Harv. L. Rev.
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Internet Speech Will Never Go Back to Normal
October 19, 2022
Jack Goldsmith & Andrew Keane Woods, Internet Speech Will Never Go Back to Normal, Atlantic (Apr. 25, 2020).
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Strengths Become Vulnerabilities
October 19, 2022
Jack Goldsmith & Stuart Russell, Strengths Become Vulnerabilities (Hoover Inst. Essay, Aegis Series Paper No. 1806, June 5, 2018).
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Presidential Control Over International Law
October 19, 2022
Curtis Bradley & Jack Landman Goldsmith, Presidential Control Over International Law, 131 Harv. L. Rev. 1201 (2018).
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Anti-counterfeiting Agreement Raises Constitutional Concerns
October 19, 2022
Jack L. Goldsmith & Lawrence Lessig, Anti-counterfeiting Agreement Raises Constitutional Concerns, Wash. Post, Mar. 26, 2010.
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Will Trump Burn the Evidence?
October 19, 2022
Jill Lepore, Will Trump Burn the Evidence?, New Yorker (Nov. 16, 2020).
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Securing Justice, Health, and Democracy against the COVID-19 Threat
October 19, 2022
Danielle Allen, Lucas Stanczyk, I. Glenn Cohen, Carmel Shachar, Rajiv Sethi, Glen Weyl & Rosa Brooks, Securing Justice, Health, and Democracy against the COVID-19 Threat…
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Cops, Docs, and Code: A Dialogue between Big Data in Health Care and Predictive Policing
October 19, 2022
I. Glenn Cohen & Harry Graver, Cops, Docs, and Code: A Dialogue between Big Data in Health Care and Predictive Policing, 51 U.C. Davis L.
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The Financial Response to the COVID-19 Pandemic
October 19, 2022
Michael S. Barr, Howell E. Jackson & Margaret E. Tahyar, The Financial Response to the COVID-19 Pandemic (Aug. 1, 2020).
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Lobbyists as Imperfect Agents: Implications for Public Policy in a Pluralist System
October 19, 2022
Matthew C. Stephenson & Howell E. Jackson, Lobbyists as Imperfect Agents: Implications for Public Policy in a Pluralist System, 47 Harv. J. on Legis. 1…
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Public Trial in the Age of Internet
October 19, 2022
Stephanie Weiner & Charles R. Nesson, Public Trial in the Age of Internet (Jul. 30, 2010).
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Charles Fried, Rebecca H. Gordon, Trevor Potter & Joseph E. Sandler, Lobbying Law in the Spotlight: Challenges and Proposed Improvements: Report of the Task Force…
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Transparency in the U.S. Budget Process
October 19, 2022
Adrian Vermeule & Elizabeth Garrett, Transparency in the U.S. Budget Process, in Fiscal Challenges: An Interdisciplinary Approach to Budget Policy 68 (Elizabeth Garrett, Elizabeth A.
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Don’t Believe the Trump Administration’s Misinformation: Domestic Violence Survivors Can Get Asylum in the United States
October 19, 2022
Sabrineh Ardalan & Katherine Peeler, Don’t Believe the Trump Administration’s Misinformation: Domestic Violence Survivors Can Get Asylum in the United States, Physicians for Human Rights (May…
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The Right to Know (review of The Rise of the Right to Know: Politics and the Culture of Transparency, 1945-1975)
October 19, 2022
Martha Minow, The Right to Know, New Rambler Rev., Oct. 30, 2015 (reviewing Michael Schudson, The Rise of the Right to Know: Politics and the…
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Outsourcing Power: How Privatizing Military Efforts Challenges Accountability, Professionalism, and Democracy
October 19, 2022
Martha L. Minow, Outsourcing Power: How Privatizing Military Efforts Challenges Accountability, Professionalism, and Democracy, 46 B.C. L. Rev. 989 (2005).