The normative concept of transparency, along with the open government laws that purport to
create a transparent public system of governance, promises the moon--a democratic and …

[A] s we know, there are known knowns; there are things we know we know. We also know
there are known unknowns; that is to say we know there are some things we do not know …

Does state secrecy threaten democracy? Although this question has been at the forefront of
public debate for more than half a century now, the debate has become especially heated in …

In 1944, Missouri senator Harry S Truman, who four years earlier had cast little shadow on
the American political stage, joined Franklin Roosevelt atop the Democratic ticket as the vice …

Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in
the past have recognized that the legislative branch plays a significant role in determining …

When I teach presidential power, the first thing I ask my students is to imagine a different
President in office. If they support the current President and believe those who oppose him …

The Bush administration has inspired renewed interest in the topic of executive branch
secrecy, with many claiming that this is" the most secretive administration in our history. 0 If …

Both the executive branch and Congress claim the final word in oversight disputes.
Congress asserts its subpoenas are legally binding. The executive branch claims the final …

This Article argues that the Office of Legal Counsel (OLC)-an office within the Justice
Department that issues legal opinions that govern executive branch actors-arms the …

How would Congress act in a world without judicial review? Can lawmakers be trusted to
police themselves? This Article examines Congress's capacity and incentives to enforce …