Administrative Law Commons^™

Transparency And The First, Mark Fenster

FIU Law Review

No abstract provided.

A Section-By-Section Analysis Of Maine's Freedom Of Access Act, Anne C. Lucey

Maine Law Review

There seems to be no absolute freedom of information. Even President Lyndon B. Johnson's declaration made on July 4, 1966, as he signed the Freedom of Information Act (FOIA) into law, indicates the limitations accompanying most right-to-know laws from their inception. A delicate balance must be struck between the public's access to public business and the public interest, between the public's access and a person's right to privacy, and, at the federal level, between the public's access and national security. Maine also crafted a limited freedom of information law, the Freedom of Access Act ("FOAA" or "the Act"), seven years …

Transparency Deserts, Christina Koningisor

Northwestern University Law Review

Few contest the importance of a robust transparency regime in a democratic system of government. In the United States, the “crown jewel” of this regime is the Freedom of Information Act (FOIA). Yet despite widespread agreement about the importance of transparency in government, few are satisfied with FOIA. Since its enactment, the statute has engendered criticism from transparency advocates and critics alike for insufficiently serving the needs of both the public and the government. Legal scholars have widely documented these flaws in the federal public records law.

In contrast, scholars have paid comparatively little attention to transparency laws at the …

O’Neill, Oh O’Neill, Wherefore Art Thou O’Neill: Defining And Cementing The Requirements For Asserting Deliberative Process Privilege, Andrew Scott

Dickinson Law Review (2017-Present)

The government may invoke the deliberative process privilege to protect the communications of government officials involving policy-driven decision-making. The privilege protects communications made before policy makers act upon the policy decision to allow government officials to speak candidly when deciding a course of action without fear of their words being used against them.

This privilege is not absolute and courts recognize the legitimate countervailing interest the public has in transparency. The Supreme Court in United States v. Reynolds held that someone with control over the protected information should personally consider the privilege before asserting it but did not provide definitive …

Remarks On Prosecutorial Discretion And Immigration, Shoba S. Wadhia

Dickinson Law Review (2017-Present)

No abstract provided.

Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains

Public Land & Resources Law Review

Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA request …

Oversight Of Oversight: A Proposal For More Effective Foia Reform, Aram A. Gavoor, Daniel Miktus

Catholic University Law Review

One of the main mechanisms by which the public can gather information about government activity is through the Freedom of Information Act (FOIA). This Article suggests that FOIA contains inconsistencies that lead to a less transparent government. Gaps and ambiguities in its language that invite and require federal agency interpretation, are at odds with FOIA’s de novo standard of review. This Article suggests that FOIA’s public policy goals would be better served if Congress takes decisive action to clarify FOIA’s language and fill in such ambiguities and gaps.

The Georgia Open Records Law Electronic Signature Exception: The Intersection Of Privacy, Technology, And Open Records, Michael L. Van Cise

Journal of Intellectual Property Law

No abstract provided.

Electronic Privacy Information Center V. National Security Agency: How Glomar Responses Benefit Businesses And Provide An Epic Blow To Individuals, Joshua R. Chazen

Journal of Business & Technology Law

No abstract provided.

The Deliberative Process Privilege In Kentucky, Erin Hoffman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Balancing A Citizen's Right To Know With The Privacy Of An Innocent Family: The Expansion Of The Scope Of Exemption 7(C) Of The Freedom Of Information Act Under National Archives & Records Administration V. Favish, Lauren Bemis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Administrative Law, John Paul Jones, Afsana Chowdhury

University of Richmond Law Review

What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rule making by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.

Administrative Law, John Paul Jones, Molly T. Geissenhainer

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Administrative Procedure, Charles Bonner, John Paul Jones, Henry M. Kohnlein

University of Richmond Law Review

Since the last report on developments in Virginia's law of administrative procedure, both her General Assembly and her courts have been busy making new law. This year's General Assembly revamped the Freedom of Information Act ("FOIA"), and made adjustments to laws regulating the periods in which agencies must decide certain types oflicensing cases and promulgate certain procedural regulations. Meanwhile, the courts of the Commonwealth were active in the field, addressing open questions concerning the following subjects: rulemaking, due process, evidence, timeliness, and judicial review.

Applying The Freedom Of Information Act In The Area Of Federal Grant Law: Exploring An Unknown Entity, Dave R. Kelleher

Cleveland State Law Review

In the recent District of Columbia Court of Appeals case of Forsham v. Califano, the definition of "agency records" was equated with the definition of "agency" under the Freedom of Information Act (FOIA). The purpose of this Comment is to examine the propriety and impact of such a definition of "agency records" in light of the people's right to know what their government is doing, using as a focal point the controversy that arose in Forsham v. Califano.