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Administrative Law

Washington and Lee Law Review

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National security

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Full-Text Articles in Law

Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster Sep 2008

Designing Transparency: The 9/11 Commission And Institutional Form, Mark Fenster

Washington and Lee Law Review

Surpassing the low expectations established by previous investigatory commissions and overcoming the political and legal obstacles created by the Bush administration's opposition to its creation, the 9/11 Commission accomplished what appeared to be the impossible: an authoritative investigation, a widely-read final report, and direct influence on significant legislation. This Article argues that the 9/11 Commission represents an important institutional model for encouraging orforcing the Executive Branch to disclose information about an especially significant and controversial past event or future decision. It suggests that Congress or the President consider establishing such commissions when information held by the Executive Branch can help …


Just When I Thought I Was Out, They Pull Me Back In: Executive Power And The Novel Reclassification Authority, Luppe B. Luppen Jun 2007

Just When I Thought I Was Out, They Pull Me Back In: Executive Power And The Novel Reclassification Authority, Luppe B. Luppen

Washington and Lee Law Review

No abstract provided.