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Saving the Freedom of Information Act
Enacted in 1966, The Freedom of Information Act (or FOIA) was designed to promote oversight of governmental activities, under the notion that most users would be journalists. Today, however, FOIA is largely used for purposes other than fostering democratic accountability. Instead, most requesters are either individuals seeking their own files, businesses using FOIA as part of commercial enterprises, or others with idiosyncratic purposes like political opposition research. In this sweeping, empirical study, Margaret Kwoka documents how agencies have responded to the large volume of non-oversight requesters by creating new processes, systems, and specialists, which in turn has had a deleterious impact on journalists and the media. To address this problem, Kwoka proposes a series of structural solutions aimed at shrinking FOIA to re-center its oversight purposes.
Saving the Freedom of Information Act
The Freedom of Information Act is vital for democratic accountability. Understanding who uses it is key to re-centering its oversight purposes.
Truth and Transparency
Undercover investigators have been celebrated as critical conduits of political speech and essential protectors of transparency. They have also been derided as intrusive and spy-like, inconsistent with private property rights, and morally or ethically questionable. In Truth and Transparency, Alan K. Chen and Justin Marceau rigorously examine this duality and seek to provide a socio-legal context for understanding these varying views. The book concretely defines undercover investigations, distinguishes the practice from investigative journalism and whistleblowing, and provides a comprehensive legal history. Chapters explore the public need for investigations and the rights of investigators, paying close attention to the types of investigations that fall beyond the scope of constitutional protection. The book also provides concrete empirical evidence of the broad, bipartisan support for undercover investigations and champions the practice as an essential com-ponent of the transparency our democracy needs to thrive.
Troubling Transparency
Today, transparency is a widely heralded value, and the U.S. Freedom of Information Act (FOIA) is often held up as one of the transparency movement’s canonical achievements. Yet while many view the law as a powerful tool for journalists, activists, and ordinary citizens to pursue the public good, FOIA is beset by massive backlogs, and corporations and the powerful have become adept at using it for their own interests. Close observers of laws like FOIA have begun to question whether these laws interfere with good governance, display a deleterious anti-public-sector bias, or are otherwise inadequate for the twenty-first century’s challenges. Troubling Transparency brings together leading s...
National Security, Leaks and Freedom of the Press
Fighting for balance / Avril Haines -- Crafting a new compact in the public interest : protecting the national security in an era of leaks / Keith B. Alexander and Jamil N. Jaffer -- Leaks of classified information : lessons learned from a lifetime on the inside/ Michael Morell -- Reform and renewal : lessons from Snowden and the 215 program / Lisa O. Monaco -- Government needs to get its own house in order / Richard A. Clarke -- Behind the scenes with the Snowden files : "how the Washington Post and national security officials dealt with conflicts over government secrecy" / Ellen Nakashima -- Let's be practical : a narrow post-publication leak law would better protect the press / Stephen J....
National Security Law
For the last 30 years, National Security Law has helped create and shape an entire new field of law. It has been adopted for classroom use at most American law schools, all of the military academies, and many non-law graduate programs. The Seventh Edition of this leading casebook provides an up-to-date, user-friendly survey of this extremely dynamic field. Relying heavily on original materials and provocative notes and questions, this book encourages students to play the roles of national security professionals, politicians, judges, and ordinary citizens. And by showing the development of doctrine in historical context, it urges them to see their responsibility as lawyers to help keep us saf...
The Oxford Handbook of U.S. Education Law
This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will contunue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online.
Just Algorithms
Properly developed algorithms can reduce incarceration and help policymakers adopt more legally sophisticated bail and sentencing practices.
Reimagining The National Security State
A comprehensive look at the toll US government policies took on civil liberties, human rights, and the rule of law in the name of the war on terror.
Media and Society After Technological Disruption
The internet has reshaped the media landscape and the social institutions built upon it. Competition from online media sources has decimated local journalism and diminished the twentieth century's established journalistic gatekeepers. Social media puts individual users front and center in the creation of the content that they consume. Harmful speech can spread further and faster, and the institutions responsible for policing that speech-Facebook, TikTok, YouTube and the like-lack any clear twentieth-century analog. The law is still working to catch up to the world these changes have wrought. This volume gathers sixteen scholars in law, media, technology, and history to consider these changes. Chapters explore the breakdown of trust in the media, changes in the law of defamation and privacy, challenges of online content moderation, and financial viability for journalistic enterprises in the internet age. This title is also available as Open Access on Cambridge Core.
