Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 24 of 24
Full-Text Articles in Law
Administrative Law, Filter Failure, And Information Capture, Wendy E. Wagner
Administrative Law, Filter Failure, And Information Capture, Wendy E. Wagner
Duke Law Journal
There are no provisions in administrative law for regulating the flow of information entering or leaving the system, or for ensuring that regulatory participants can keep up with a rising tide of issues, details, and technicalities. Indeed, a number of doctrinal refinements, originally intended to ensure that executive branch decisions are made in the sunlight, inadvertently create incentives for participants to overwhelm the administrative system with complex information, causing many of the decision-making processes to remain, for all practical purposes, in the dark. As these agency decisions become increasingly obscure to all but the most well-informed insiders, administrative accountability is …
Constitutional Secrecy: Aligning National Security Letter Nondisclosure Provisions With First Amendment Rights, Brian D. Eyink
Constitutional Secrecy: Aligning National Security Letter Nondisclosure Provisions With First Amendment Rights, Brian D. Eyink
Duke Law Journal
First created in the 1980s, national security letters and their nondisclosure provisions evaded judicial review until 2004. These secretive investigative tools allow federal agencies such as the FBI to compel disclosure of information about hundreds of thousands of people while also allowing the same agencies to unilaterally issue gag orders that can silence the people who receive these letters. This Note examines the nondisclosure provisions in the national security letter statutes. It argues that the nondisclosure provisions are unconstitutional prior restraints on speech and content-based speech restrictions. This Note then proposes a three-part solution that constitutionally balances the government's need …
Congressional Access To Information: Using Legislative Will And Leverage, Louis Fisher
Congressional Access To Information: Using Legislative Will And Leverage, Louis Fisher
Duke Law Journal
No abstract provided.
The Reasonable Government Official Test: A Proposal For The Treatment Of Factual Information Under The Federal Deliberative Process Privilege, Kirk D. Jensen
The Reasonable Government Official Test: A Proposal For The Treatment Of Factual Information Under The Federal Deliberative Process Privilege, Kirk D. Jensen
Duke Law Journal
No abstract provided.
Ridding Foia Of Those “Unanticipated Consequences”: Repaving A Necessary Road To Freedom, Charles J. Wichmann Iii
Ridding Foia Of Those “Unanticipated Consequences”: Repaving A Necessary Road To Freedom, Charles J. Wichmann Iii
Duke Law Journal
No abstract provided.
“Did I Miss Anything?”: Excising The National Security Council From Foia Coverage, R. Kevin Bailey
“Did I Miss Anything?”: Excising The National Security Council From Foia Coverage, R. Kevin Bailey
Duke Law Journal
No abstract provided.
The Exaltation Of Privacy Doctrines Over Public Information Law, Christopher P. Beall
The Exaltation Of Privacy Doctrines Over Public Information Law, Christopher P. Beall
Duke Law Journal
No abstract provided.
Recent Developments Regarding The Freedom Of Information Act: A “Prologue To A Farce Or A Tragedy; Or, Perhaps Both”, Amy E. Rees
Recent Developments Regarding The Freedom Of Information Act: A “Prologue To A Farce Or A Tragedy; Or, Perhaps Both”, Amy E. Rees
Duke Law Journal
No abstract provided.
The Freedom Of Information Act In 1993-1994, Michael M. Lowe
The Freedom Of Information Act In 1993-1994, Michael M. Lowe
Duke Law Journal
No abstract provided.
The Freedom Of Information Act In 1990: More Freedom For The Government Less Information For The Public, Sean E. Andrussier
The Freedom Of Information Act In 1990: More Freedom For The Government Less Information For The Public, Sean E. Andrussier
Duke Law Journal
No abstract provided.
Developments Under The Freedom Of Information Act—1989, S. Elizabeth Wilborn
Developments Under The Freedom Of Information Act—1989, S. Elizabeth Wilborn
Duke Law Journal
No abstract provided.
Developments Under The Freedom Of Information Act—1988, Gerard J. Waldron, Jeff A. Israel
Developments Under The Freedom Of Information Act—1988, Gerard J. Waldron, Jeff A. Israel
Duke Law Journal
No abstract provided.
Developments Under The Freedom Of Information Act—1987, Maria H. Benecki
Developments Under The Freedom Of Information Act—1987, Maria H. Benecki
Duke Law Journal
The twenty-first year of the Freedom of Information Act 1 (FOIA) saw reaction by the federal government to amendments passed in 1986. 2 The 1986 amendments directed federal agencies to charge lower fees for information requests by "news media" and "scientific and educational institutions" and higher fees for requests by "commercial users." 3 In order to ensure uniformity, Congress directed the Office of Management and Budget (OMB) to establish guidelines for determining whether a requester fits into any of the three categories. 4 The initial OMB proposal met resistance from both requesters and members of Congress. 5 The final guidelines …
Developments Under The Freedom Of Information Act—1986, Susan L. Beesley, Theresa A. Newman Glover
Developments Under The Freedom Of Information Act—1986, Susan L. Beesley, Theresa A. Newman Glover
Duke Law Journal
No abstract provided.
Developments Under The Freedom Of Information Act—1985, Lawrence J. Goode, Douglas R. Williams
Developments Under The Freedom Of Information Act—1985, Lawrence J. Goode, Douglas R. Williams
Duke Law Journal
No abstract provided.
Developments Under The Freedom Of Information Act—1984, Lisa A. Krupicka, Mary E. Lafrance
Developments Under The Freedom Of Information Act—1984, Lisa A. Krupicka, Mary E. Lafrance
Duke Law Journal
The eighteenth year of the Freedom of Information Act (FOIA) 1 witnessed a continuation of the trend toward restricting public access to government information. 2 Congress amended the National Security Act of 1947, 3 exempting entire systems of Central Intelligence Agency (CIA) files from search and review and declaring that the Privacy Act 4 is not an exemption 3 statute. 5 Congress again considered, but failed to pass, a bill to reform the FOIA; this proposal 6 would have substantially altered fees and waivers, 7 time limits for responding to requests, 8 business confidentiality procedures, 9 and law enforcement exemptions. …
Developments Under The Freedom Of Information Act—1983
Developments Under The Freedom Of Information Act—1983
Duke Law Journal
No abstract provided.
The Marketplace Of Ideas: A Legitimizing Myth, Stanley Ingber
The Marketplace Of Ideas: A Legitimizing Myth, Stanley Ingber
Duke Law Journal
Theorists have often heralded the first amendment as creating a neutral marketplace of ideas. Proponents of this model view the market as essential to our society's efforts to discover truth and foster effective popular participation in government. Professor Ingber asserts that the theoretical underpinnings of this model are based on assumptions of rational decisionmaking that are implausible in modern society. He insists that, in reality, the market is severely skewed in favor of an entrenched power structure and ideology. Professor Ingber explores efforts to reform and correct this market defect and finds them equally flawed. He concludes that the marketplace …
Developments Under The Freedom Of Information Act—1982, Steven J. Lepper
Developments Under The Freedom Of Information Act—1982, Steven J. Lepper
Duke Law Journal
No abstract provided.
Developments Under The Freedom Of Information Act—1981, Christopher M. Mason
Developments Under The Freedom Of Information Act—1981, Christopher M. Mason
Duke Law Journal
No abstract provided.
The News-Gathering/Publication Dichotomy And Government Expression, Steven Helle
The News-Gathering/Publication Dichotomy And Government Expression, Steven Helle
Duke Law Journal
No abstract provided.
Developments Under The Freedom Of Information Act—1980, James R. Peacock Iii
Developments Under The Freedom Of Information Act—1980, James R. Peacock Iii
Duke Law Journal
No abstract provided.
Public-Interest Fee Waivers Under The Freedom Of Information Act, John E. Bonine
Public-Interest Fee Waivers Under The Freedom Of Information Act, John E. Bonine
Duke Law Journal
No abstract provided.
Developments Under The Freedom Of Information Act—1979, Alan S. Madans
Developments Under The Freedom Of Information Act—1979, Alan S. Madans
Duke Law Journal
No abstract provided.