Forthcoming 2012 • casebound • ISBN: 978-1-59460-606-9
This casebook represents the first effort to synthesize, as its own course of study, the emerging and evolving law pertaining to “secrecy,” in all of its forms. Designed for use primarily in upper-level law school courses, but also in graduate school public policy and public administration courses that address those subjects (including media secrecy), the casebook provides comprehensive coverage of legal topics implicating secrecy interests, from national security classification to business confidentiality to personal privacy, as well as matters of law enforcement sensitivity and confidential internal decisionmaking. Attention is paid not only to the legal privileges that are most familiar to practicing attorneys, but also to their enhanced operation in the context of presidential authority to withhold information both from the public and from Congress.
With an in-depth historical perspective laying its foundation, this casebook presents the constitutional grounding for, and all sides of the debate over, government secrecy in a modern democracy, while providing a firm basis for understanding the scope and significance of legislative “open government” enactments such as the Freedom of Information Act, the Privacy Act of 1974, and related statutes. It also covers the expanded claims to governmental secrecy that have marked the counterterrorism policies implemented in response to the attacks of September 11, in addition to the recently emerged legal and policy area of “pseudosecrecy.” Employing a detailed discussion question format that covers both the basics and nuances of all subject areas, together with analytical discussions of special concept topics, this casebook is designed to stimulate further discussion.
If you are a professor teaching in this field you may request a complimentary copy