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Full-Text Articles in Law
Access To Adjudication Materials On Federal Agency Websites, Daniel J. Sheffner
Access To Adjudication Materials On Federal Agency Websites, Daniel J. Sheffner
Akron Law Review
This Article offers recommendations and best practices for federal administrative agencies interested in improving the accessibility of orders, opinions, briefs, and other materials filed or issued in administrative adjudication proceedings on their websites and in maintaining more comprehensive online collections of such adjudication materials. Part I provides an overview of federal administrative adjudication and the laws and policies relevant to the online disclosure of adjudication materials. Part II summarizes a survey the author conducted of 24 federal agency websites and presents its results. Part III analyzes the survey’s findings, dividing the analysis into two sections. The first section discusses the …
Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts , Cynthia R. Farina, Mary Newhart, Josiah Heidt, Cornell Erulemaking Initiative
Rulemaking Vs. Democracy: Judging And Nudging Public Participation That Counts , Cynthia R. Farina, Mary Newhart, Josiah Heidt, Cornell Erulemaking Initiative
Michigan Journal of Environmental & Administrative Law
This Article considers how open government “magical thinking” around technology has infused efforts to increase public participation in rulemaking. We propose a framework for assessing the value of technology-enabled rulemaking participation and offer specific principles of participation-system design, which are based on conceptual work and practical experience in the Regulation Room project at Cornell University. An underlying assumption of open government enthusiasts is that more public participation will lead to better government policymaking: If we use technology to give people easier opportunities to participate in public policymaking, they will use these opportunities to participate effectively. However, experience thus far with …
Evaluating Public Access Ombuds Programs: An Analysis Of The Experiences Of Virginia, Iowa And Arizona In Creating And Implementing Ombuds Offices To Handle Disputes Arising Under Open Government Laws , Daxton R. Stewart
Journal of Dispute Resolution
The article begins with a review of literature regarding ombuds, public access laws, and dispute systems design. It follows with case studies of the development of public access ombuds offices in Virginia, Iowa, and Arizona. Finally, this article draws conclusions from those experiences, offering guidance to aid other jurisdictions in designing their own ombuds programs.
Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke
Struggling With Sunshine: Analyzing The Impact Of Technology On Compliance With Open Government Laws Using Florida As A Case Study, Sandra F. Chance, Christine M. Locke
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Will It Make My Job Easier, Or What's In It For Me?, Kenneth N. Flaxman
Will It Make My Job Easier, Or What's In It For Me?, Kenneth N. Flaxman
Michigan Law Review First Impressions
Putting aside philosophical questions about public access to government proceedings—what we now call “transparency”—and without regard to whether televising Supreme Court arguments is a logical extension of the common law’s “absolute personal right of reasonable access to court files” as described in 1977 by the Seventh Circuit in Rush v. United States, my real concern about whether Supreme Court arguments should be televised is somewhat narcissistic. Will it make my job—as a plaintiff’s civil rights lawyer who dabbles in criminal defense and post-conviction matters and who has had five adventures as “arguing counsel” in the Supreme Court—easier? I explain below …
Constitutional Etiquette And The Fate Of "Supreme Court Tv", Bruce Peabody
Constitutional Etiquette And The Fate Of "Supreme Court Tv", Bruce Peabody
Michigan Law Review First Impressions
In traditional media outlets, on the Internet, and throughout the halls of Congress, debate about whether the Supreme Court should be required to televise its public proceedings is becoming more audible and focused. To date, these discussions have included such topics as the potential effects of broadcasting the Court, the constitutionality of Senator Arlen Specter’s current congressional initiative, S. 344, and how the public would use or abuse televised sessions of our highest tribunal.
The Right Legislation For The Wrong Reasons, Tony Mauro
The Right Legislation For The Wrong Reasons, Tony Mauro
Michigan Law Review First Impressions
Senator Arlen Specter took a bold and long-overdue step on January 22, 2007, when he introduced legislation that would require the Supreme Court to allow television coverage of its proceedings. But instead of making his case with a straightforward appeal to the public’s right to know, Specter has introduced arguments in favor of his bill that seem destined to antagonize the Court, drive it into the shadows, or both. Chances of passage might improve if Specter adjusts his tactics.
Gee Whiz, The Sky Is Falling!, Boyce F. Martin Jr.
Gee Whiz, The Sky Is Falling!, Boyce F. Martin Jr.
Michigan Law Review First Impressions
I am reminded of Chicken Little’s famous mantra as I listen to some Supreme Court Justices’ reactions to the prospect of televising oral arguments. Their fears—such as Justice Kennedy’s warning that allowing cameras in the courtroom may change the Court’s dynamics—are, in my opinion, overblown. And some comments, most notably Justice Souter’s famous exclamation in a 1996 House subcommittee hearing that “the day you see a camera come into our courtroom, it’s going to roll over my dead body,” make it sound as if the Justices have forgotten that our nation’s court system belongs to the public, not merely the …
C-Span's Long And Winding Road To A Still Un-Televised Supreme Court, Bruce D. Collins
C-Span's Long And Winding Road To A Still Un-Televised Supreme Court, Bruce D. Collins
Michigan Law Review First Impressions
In 2005 when Senator Arlen Specter (R-PA) first proposed legislation requiring the Supreme Court of the United States to televise its oral arguments, he resuscitated a twenty-plus-years long effort by several news organizations to achieve the same goal. For at least that long, C-SPAN has been ready to provide the same kind of video coverage of the federal judiciary as it has been providing of the Congress and the president. If cameras are ever permitted in the high Court’s chamber, C-SPAN will televise every minute of every oral argument, frequently on a live basis, and will do so in its …
Granting Certiorari To Video Recording But Not To Televising, Scott C. Wilcox
Granting Certiorari To Video Recording But Not To Televising, Scott C. Wilcox
Michigan Law Review First Impressions
Cameras are an understandable yet inapt target for Supreme Court Justices apprehensive about televising the high Court’s proceedings. Notwithstanding Justice Souter’s declaration to a congressional subcommittee in 1996 that cameras will have to roll over his dead body to enter the Court, the Justices’ public statements suggest that their objections are to televising—not to cameras. In fact, welcoming cameras to video record Court proceedings for archival purposes will serve the Justices’ interests well. Video recording can forestall legislation recently introduced in both houses of Congress that would require the Court to televise its proceedings. The Court’s desired result—the legislation disappearing …
Of Rights Lost And Gained, Patricia A. Dore
Of Rights Lost And Gained, Patricia A. Dore
Florida State University Law Review
No abstract provided.
To Be Let Alone: Florida's Proposed Right Of Privacy, Gerald B. Cope, Jr.
To Be Let Alone: Florida's Proposed Right Of Privacy, Gerald B. Cope, Jr.
Florida State University Law Review
No abstract provided.