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Full-Text Articles in Law
"Slack" In The Administrative State And Its Implications For Governance: The Issue Of Accountability, David Markell
"Slack" In The Administrative State And Its Implications For Governance: The Issue Of Accountability, David Markell
Scholarly Publications
No abstract provided.
The Opacity Of Transparency, Mark Fenster
The Opacity Of Transparency, Mark Fenster
ExpressO
The normative concept of transparency, along with the open government laws that purport to create a transparent public system of governance promise the world—a democratic and accountable state above all, and a peaceful, prosperous, and efficient one as well. But transparency, in its role as the theoretical justification for a set of legal commands, frustrates all parties affected by its ambiguities and abstractions. The public’s engagement with transparency in practice yields denials of reasonable requests for essential government information, as well as government meetings that occur behind closed doors. Meanwhile, state officials bemoan the significantly impaired decision-making processes that result …