David E. Pozen is a professor of law at Columbia Law School and an internationally noted scholar of constitutional law and informational law. Pozen served as the inaugural visiting scholar at the Knight First Amendment Institute at Columbia University during the 2017–2018 academic year.Michael Schudson is a professor of journalism at the Columbia Journalism School. A MacArthur Foundation fellow, he is the author of eight books, including, most recently, The Rise of the Right to Know: Politics and the Culture of Transparency, 1945–1975 (2015).

Is transparency part of the solution or part of the problem of modern democracy? Bringing together some of the world’s leading scholars and practitioners of transparency law, this volume reassesses where we stand fifty years after enactment of the Freedom of Information Act. Its essays offer critical reflections, affirmative fixes, and comparative evaluations, ultimately shedding invaluable light on the romantic notion that sunlight is the best disinfectant.

• AcknowledgmentsIntroduction: Troubling Transparency, by David E. Pozen and Michael SchudsonPart I: FOIA’s Historical and Conceptual Foundations1. How Administrative Opposition Shaped the Freedom of Information Act, by Sam Lebovic2. Positive Rights, Negative Rights, and the Right to Know, by Frederick Schauer3. FOIA as an Administrative Law, by Mark FensterPart II: FOIA and the News Media4. The Other FOIA Requesters, by Margaret B. Kwoka5. State FOI Laws: More Journalist-Friendly, or Less?, by Katherine Fink6. FOIA and Investigative Reporting: Who’s Asking What, Where, and When—and Why It Matters, by James T. HamiltonPart III: Theorizing Transparency Tactics7. The Ecology of Transparency Reloaded, by Seth F. Kreimer8. Monitoring the U.S. Executive Branch Inside and Out: The Freedom of Information Act, Inspectors General, and the Paradoxes of Transparency, by Nadia Hilliard9. Output Transparency vs. Input Transparency, by Cass R. Sunstein10. Open Data: The Future of Transparency in the Age of Big Data, by Beth Simone Noveck11. Striking the Right Balance: Weighing the Public Interest in Access to Agency Records Under the Freedom of Information Act, by Katie Townsend and Adam A. MarshallPart IV: Comparative Perspectives12. The Global Influence of the United States on Freedom of Information, by Kyu Ho Youm and Toby Mendel13. Transparency as Leverage or Transparency as Monitoring? U.S. and Nordic Paradigms in Latin America, by Gregory Michener14. Structural Corruption and the Democratic-Expansive Model of Transparency in Mexico, by Irma Eréndira Sandoval-BallesterosList of ContributorsIndex

David E. Pozen is a professor of law at Columbia Law School and an internationally noted scholar of constitutional law and informational law. Pozen served as the inaugural visiting scholar at the Knight First Amendment Institute at Columbia University during the 2017–2018 academic year.Michael Schudson is a professor of journalism at the Columbia Journalism School. A MacArthur Foundation fellow, he is the author of eight books, including, most recently, The Rise of the Right to Know: Politics and the Culture of Transparency, 1945–1975 (2015).

Is transparency part of the solution or part of the problem of modern democracy? Bringing together some of the world’s leading scholars and practitioners of transparency law, this volume reassesses where we stand fifty years after enactment of the Freedom of Information Act. Its essays offer critical reflections, affirmative fixes, and comparative evaluations, ultimately shedding invaluable light on the romantic notion that sunlight is the best disinfectant.

• AcknowledgmentsIntroduction: Troubling Transparency, by David E. Pozen and Michael SchudsonPart I: FOIA’s Historical and Conceptual Foundations1. How Administrative Opposition Shaped the Freedom of Information Act, by Sam Lebovic2. Positive Rights, Negative Rights, and the Right to Know, by Frederick Schauer3. FOIA as an Administrative Law, by Mark FensterPart II: FOIA and the News Media4. The Other FOIA Requesters, by Margaret B. Kwoka5. State FOI Laws: More Journalist-Friendly, or Less?, by Katherine Fink6. FOIA and Investigative Reporting: Who’s Asking What, Where, and When—and Why It Matters, by James T. HamiltonPart III: Theorizing Transparency Tactics7. The Ecology of Transparency Reloaded, by Seth F. Kreimer8. Monitoring the U.S. Executive Branch Inside and Out: The Freedom of Information Act, Inspectors General, and the Paradoxes of Transparency, by Nadia Hilliard9. Output Transparency vs. Input Transparency, by Cass R. Sunstein10. Open Data: The Future of Transparency in the Age of Big Data, by Beth Simone Noveck11. Striking the Right Balance: Weighing the Public Interest in Access to Agency Records Under the Freedom of Information Act, by Katie Townsend and Adam A. MarshallPart IV: Comparative Perspectives12. The Global Influence of the United States on Freedom of Information, by Kyu Ho Youm and Toby Mendel13. Transparency as Leverage or Transparency as Monitoring? U.S. and Nordic Paradigms in Latin America, by Gregory Michener14. Structural Corruption and the Democratic-Expansive Model of Transparency in Mexico, by Irma Eréndira Sandoval-BallesterosList of ContributorsIndex

David E. Pozen is a professor of law at Columbia Law School and an internationally noted scholar of constitutional law and informational law. Pozen served as the inaugural visiting scholar at the Knight First Amendment Institute at Columbia University during the 2017–2018 academic year.Michael Schudson is a professor of journalism at the Columbia Journalism School. A MacArthur Foundation fellow, he is the author of eight books, including, most recently, The Rise of the Right to Know: Politics and the Culture of Transparency, 1945–1975 (2015).

Is transparency part of the solution or part of the problem of modern democracy? Bringing together some of the world’s leading scholars and practitioners of transparency law, this volume reassesses where we stand fifty years after enactment of the Freedom of Information Act. Its essays offer critical reflections, affirmative fixes, and comparative evaluations, ultimately shedding invaluable light on the romantic notion that sunlight is the best disinfectant.

• AcknowledgmentsIntroduction: Troubling Transparency, by David E. Pozen and Michael SchudsonPart I: FOIA’s Historical and Conceptual Foundations1. How Administrative Opposition Shaped the Freedom of Information Act, by Sam Lebovic2. Positive Rights, Negative Rights, and the Right to Know, by Frederick Schauer3. FOIA as an Administrative Law, by Mark FensterPart II: FOIA and the News Media4. The Other FOIA Requesters, by Margaret B. Kwoka5. State FOI Laws: More Journalist-Friendly, or Less?, by Katherine Fink6. FOIA and Investigative Reporting: Who’s Asking What, Where, and When—and Why It Matters, by James T. HamiltonPart III: Theorizing Transparency Tactics7. The Ecology of Transparency Reloaded, by Seth F. Kreimer8. Monitoring the U.S. Executive Branch Inside and Out: The Freedom of Information Act, Inspectors General, and the Paradoxes of Transparency, by Nadia Hilliard9. Output Transparency vs. Input Transparency, by Cass R. Sunstein10. Open Data: The Future of Transparency in the Age of Big Data, by Beth Simone Noveck11. Striking the Right Balance: Weighing the Public Interest in Access to Agency Records Under the Freedom of Information Act, by Katie Townsend and Adam A. MarshallPart IV: Comparative Perspectives12. The Global Influence of the United States on Freedom of Information, by Kyu Ho Youm and Toby Mendel13. Transparency as Leverage or Transparency as Monitoring? U.S. and Nordic Paradigms in Latin America, by Gregory Michener14. Structural Corruption and the Democratic-Expansive Model of Transparency in Mexico, by Irma Eréndira Sandoval-BallesterosList of ContributorsIndex