Why does the law favor secrecy in some contexts while demanding transparency in others? How should policymakers decide when openness ought to win out? These questions lurk just beneath the surface of current events, from Stormy Daniels to the Special Counsel, and have done so since (before) the Founding. In this seminar we look for their deeper significance. We study familiar legal forms such as discovery orders and non-disclosure agreements, and venture critical assessments of legislation like the Espionage Act and the Freedom of Information Act (FOIA). Along the way, students also assess the attorney-client privilege, the secrecy of jury deliberations, laws protecting trade secrets, and other specialized rules governing concealment and disclosure.
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