Download or read book Dis Informing the People s Discretion written by Susan Nevelow Mart and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As noted by President Obama's recent Review Group on Intelligence and Communications Technologies, pervasive state surveillance has never been more feasible. There has been an inexorable rise in the size and reach of the national security bureaucracy since it was created after World War II, as we have gone through the Cold War and the War on Terror. No one doubts that our national security bureaucracies need to gain intelligence and keep some of it secret. But the consensus of decades of experts, both insiders and outsiders, is that there is rampant overclassification by government agencies. From its inception in 1966, the Freedom of Information Act has presumed disclosure. And from its inception, Congress intended the federal courts to act as a brake on unfettered agency discretion regarding classification. But courts have not played a strong role in this regard. This article examines the interplay of overclassification, excessive judicial deference, and illusory agency expertise in the context of the national security exemption to the Freedom of Information Act. The national security exemption allows documents to be withheld that are “specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy” and that “are in fact properly classified pursuant to such Executive Order.” The history of national security classification and the passage of the FOIA illuminate the tension between legislative demands for transparency and the growth of the national security state with its agency culture of secrecy. That tension has generally been resolved by the courts in favor of secrecy, despite agreement that there is rampant overclassification and pseudo-classification (labeling documents as sensitive but unclassified). This deference in turn leads agencies routinely deny FOIA requests that should in fact be granted. Without adequate court oversight, there is no agency incentive to comply with the FOIA's presumption of disclosure. We argue that courts have been systematically ignoring their clear legislative mandate. Although the government is entitled to substantial deference, the role of the judiciary is not to rubber stamp claims of national security, but to undertake de novo and in camera review of government claims that the information requested was both required to be kept secret and properly classified. Congress amended the FOIA in 1974 to make this requirement explicit, overruling a judicial attempt to defer completely to government claims that national security classifications are proper. There are many reasons that courts are reluctant to get involved in determining the validity of exemption claims based on national security. Overestimation of risk may be one reason, as is fear of the consequences of error. We also discuss a “secrecy heuristic” whereby people attribute greater accuracy to “secret” documents. Notwithstanding these rationales, courts have, in other contexts, wrestled successfully with the conflict between national security and paramount rights, such as those found in the first and fourth amendments. Courts have the institutional expertise to review claims of national security, if they choose to exercise it. Our conclusion is that the systematic failures of the federal courts in the FOIA context are neither inevitable nor justified. We show that courts do occasionally order the release of some documents. This article includes the first empirical investigation into the decisionmaking of the D.C. district courts and federal circuit courts in cases involving the national security exemption to determine what, if any, factors favor document release. We find that party characteristics are the biggest predictor of disclosure. We also show that, while politics do not seem to matter at most courts, they do at the D.C. Circuit Court of Appeals, at which Republican-dominated panels have never ordered disclosure.
Download or read book California Court of Appeal 1st Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book California Court of Appeal 5th Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Discretion in Welfare Bureaucracies written by Majka Ryan and published by Rowman & Littlefield. This book was released on 2023-08-08 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through case-study research, Majka Ryan offers a systematic microanalysis of discretion in a specific context of residence-based welfare conditionality derived from the labour movement directive 2004/38/EC. The latter is utilised in the coordination of social security benefits for mobile EU citizens across Europe. Ryan reveals that in Ireland and other jurisdictions, official rights, be they supranational or local, when translated into practice are shaped by different political, organisational and decision-making actors, consequently leading to an uneven distribution of substantive rights and unequal outcomes for different groups of people, disproportionately affecting those who must prove their deservingness. This book evidences how residence-based welfare conditions create a context where power is exercised freely by street-level decision-makers and illustrates how that power affects different groups in society, and consequently, how through those practices, the hegemonic discourses around legitimacy of access to public resources are reproduced.
Download or read book California Court of Appeal 4th Appellate District Division 2 Records and Briefs written by California (State). and published by . This book was released on with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book California Court of Appeal 2nd Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Complete Digest of the Decisions of the Supreme Court and District Courts of Appeal of the State of California Corporate bonds to executive warrants written by California and published by . This book was released on 1907 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Southeastern Reporter written by and published by . This book was released on 1910 with total page 1300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Conditions of Discretion written by Joel Handler and published by Russell Sage Foundation. This book was released on 1986-08-20 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book is concerned with interactions between ordinary people and large public bureaucracies—interactions that typically are characterized by mutual frustration and antagonism. In fact, as Joel Handler points out, the procedural guidelines intended to ensure fairness and due process fail to take account of an initial imbalance of power and tend to create adversarial rather than cooperative relationships. When the special education needs of a handicapped child must be determined, parents and school administrators often face an especially painful confrontation. The Conditions of Discretion focuses on one successful approach to educational decision making (developed by the school district of Madison, Wisconsin) in order to illustrate how such interactions can be restructured and enhanced. Madison's creative plan regards parents as part of the solution, not the problem, and uses "lay advocates" to turn conflict into an opportunity for communication. Arrangements such as these, in Handler's analysis, exemplify the theoretical conditions under which discretionary decisions can be made fairly and with the informed participation of all concerned. The Conditions of Discretion offers not only a detailed case study, sympathetically described, but also persuasive assessments of major themes in contemporary legal and social policy—informed consent, bureaucratic change, social movement activity, the relationship of the individual to the state. From these strands, Handler weaves a significant new theory of cooperative decision making that integrates the public and the private, recognizes the importance of values, and preserves autonomy within community. "A masterful blend of social criticism, social sciences, and humane, constructive thought about the future of the welfare state." —Duncan Kennedy, Harvard Law School
Download or read book Central Reporter written by and published by . This book was released on 1888 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rules Enabling Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and published by . This book was released on 1985 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1960 with total page 976 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Congressional Globe written by United States. Congress and published by . This book was released on with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Pacific Reporter written by and published by . This book was released on 1913 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Unity of Public Law written by David Dyzenhaus and published by Hart Publishing. This book was released on 2004-03 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles the relationship between the common law of judicial review, the written constitution and public international law.
Download or read book Freedom of Information and Secrecy in Government written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Rights and published by . This book was released on 1958 with total page 1058 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers legislation to require Federal departments and agencies to publish unclassified information and regulations. a. Justice Dept study "Is a Congressional Committee Entitled To Demand and Receive Information and Papers from the President and the Heads of Departments Which They Deem Confidential, in the Public Interest?" (p. 63-146). b. "Demands of Congressional Committees for Executive Papers" by Herman Wolkinson, Federal Bar Association, published in the Federal Bar Journals of Apr., July, and Oct., 1949 (p. 147-270). c. "Subcommittee on Constitutional Rights Survey of Withholding of Information from Congress" memos and summary analysis prepared by subcom staff (p. 287-428). d. "Congressional Power of Investigation" Committee Print No. 83-99, prepared by the Legislative Reference Service of the Library of Congress Feb. 9, 1954 (p. 447-513). Includes the following documents.
