Relevant bibliographies by topics / United States. Freedom of information Discovery (Law)

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Academic literature on the topic 'United States. Freedom of information Discovery (Law)'

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Published: 4 June 2021
Last updated: 9 February 2022

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Journal articles on the topic "United States. Freedom of information Discovery (Law)"

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Minegar, Ben. "Forging a Balanced Presumption in Favor of Metadata Disclosure Under the Freedom of Information Act." Pittsburgh Journal of Technology Law and Policy 16, no. 1 (April 1, 2016): 23–57. http://dx.doi.org/10.5195/tlp.2015.177.

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Law Clerk to Chief Judge Joy Flowers Conti, United States District Court for the Western District of Pennsylvania; J.D. magna cum laude 2015, University of Pittsburgh (Lead Executive Editor, University of Pittsburgh Law Review); B.A. 2009, University of North Florida. Thank you Professor Rhonda Wasserman for your advice and assistance on this paper and for an enlightening class on electronic discovery. Faculty for the University of Pittsburgh School of Law awarded this paper the William H. Eckert Prize.
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Bennett, Colin J. "How States Utilize Foreign Evidence." Journal of Public Policy 11, no. 1 (January 1991): 31–54. http://dx.doi.org/10.1017/s0143814x0000492x.

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ABSTRACTThis article examines how evidence about Program A in Country A may be utilized in Country B, and thus how utilization may explain the adoption of the same program. Elites and activists have a number of interests in using policy evidence from another country: to put an issue to a systemic or institutional agenda, mollify political pressure, provide an exemplar, indicate the range of options or reinforce conclusions already reached. The interests of the importer dictate the nature, timing and origins of the evidence injected into policy debate. This framework is applied to the case of freedom of information policy. An analysis of how and why evidence about the United States Freedom of Information Act (FOIA) was utilized in Canada and Britain reveals that FOIA was used as an exemplar in Canada and the reverse in Britain.
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Bukar, Modu Alh Bukar, Mohammed Kaka, and Mai Dunoma Zannah. "Press freedom and media ownership are factors that influence media performance: comparative analysis of these factors in USA and Nigeria." Technium Social Sciences Journal 1 (December 1, 2019): 13–20. http://dx.doi.org/10.47577/tssj.v1i1.31.

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The paper is to examine the influence of press freedom and media ownership in the performance of the media institutions in the United States of America and Federal Republic of Nigeria. However, in order to set for such discourse there is indispensable need to review some of the normative theories of the media, which will enable us to locate the appropriate principles guiding the operation of the media in each countries under study. The subdivided into: Abstract, Introduction, Normative Theories of the press, press freedom in United States, press freedom in Nigeria (democracy and press freedom, freedom of information act and conclusion). The analysis concludes that, The United States even has provision in their law and constitution forbidding state interference in the area of information content and dissemination. In Nigeria however, the state control society including the mass media. In this regard, whether media are owned by public or private individuals, they are only meant to service the government in power and were forbidden to criticize the government or its functionaries. The paper recommends that, For Nigerian press to be free the country should militate the all laws or factors that against the press freedom and Members of the Nigerian press must adhere to the ethics of the profession, in order to compete with others freers press of the other countries.
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Ivanova, Ksenia A., and Madi Zh Myltykbaev. "The freedom of speech and right of access to information in the emerging system of international information security." Law Enforcement Review 4, no. 4 (December 28, 2020): 80–93. http://dx.doi.org/10.24147/2542-1514.2020.4(4).80-93.

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The subject. The article is devoted to the analysis of the freedom of speech and access to information in the context of the emerging system of international information security. The purpose of the article is to try to predict the positive and negative consequences of changing international relations in the digital age, to determine the role of freedom of speech and access to information in the context of confrontation between Russia and the United States. The research presented in this article was carried out by combining different disciplinary approaches, including comparative law, comparative politics and international relations, political theory and sociology. Moreover, study includes methods of dialectical logic, analysis and synthesis, as well as formal legal analysis of international legal acts of the UN. The main results and scope of their application. The rights of freedom of speech and access to information is undoubtedly one of the main in the global digital communication context. Degree of implementation of human and citizen rights to freedom of expression and access to information are indicators of political processes, the pace of building a civil society and legal state in current country. These rights are the foundation of modern democracy. The authors carry out a systematic analysis of the categories “freedom of speech” and “the right to access information”, identify the features of implementation of these rights in cyberspace, analyze international practice of legal regulation of these rights and assess the place and role of these rights in the emerging system of international information security. A legal analysis of international legal acts shows that the positions of the United States and the Russian Federation in the field of international information security are gradually converging, and the convergence is going in the direction of the Russian position Conclusions. The limits on the exercise of freedom of speech and access to information do not correspond to the level of development of public relations, because there are no effective legal tools to prevent defamation in the mass media, which in turn can lead to conflict between countries. It is concluded that there is a need for active international cooperation and consistent unification of the legislation of various countries, taking into account that freedom of speech and access to information in cyberspace should have the same level of protection as in the physical world.
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McGowan, Angela K., Gretchen G. Musicant, Sharonda R. Williams, and Virginia R. Niehaus. "Community Experiments in Public Health Law and Policy." Journal of Law, Medicine & Ethics 43, S1 (2015): 10–14. http://dx.doi.org/10.1111/jlme.12206.

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Community-level legal and policy innovations or “experiments” can be important levers to improve health. States and localities are empowered through the 10th Amendment of the United States Constitution to use their police powers to protect the health and welfare of the public. Many legal and policy tools are available, including: the power to tax and spend; regulation; mandated education or disclosure of information, modifying the environment — whether built or natural (e.g., zoning, clean water laws); and indirect regulation (e.g., court rulings, or deregulation). These legal and policy interventions can be targeted to specific needs at the community level and are often relatively low-cost, but high impact interventions. As every community is different, effective laws and policies will vary. This freedom allows states and localities to, as Justice Louis Brandeis argued, truly serve as “laboratories of democracy.”
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Barth, Thorsten D. "Freedom, Equality and the Quality of Democracy." International Journal of Social Ecology and Sustainable Development 4, no. 1 (January 2013): 17–43. http://dx.doi.org/10.4018/jsesd.2013010102.

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Freedom and equality are the content, the substance and the tension in a liberal democracy of today. Freedom and equality describe the design, stability and the quality of a democracy. Especially in a Quintuple Helix Model, the quality of democracy and sustainable development are closely related, because a high-quality democracy is a prerequisite for promoting sustainability in democracies. By investigating the quality of democracy this article develops two theses: 1.) Democracy with their quality rises or falls with the expression of freedom and/or equality; 2.) Democracy generates its stability from a balanced interaction between freedom and equality. With the concept of Democratic Life this article examines these two theses: Democratic Life as newly developed concept measures the quality of democracy with providing information about the type of a democracy and an approach to measure a democracy´s democratic development for the top 20 of the Democracy Ranking (2009). The central keys of the Democratic Life concept are the ‘Index of Classification’ and the ‘Democratic-Life-Index’, which are formed from an ‘Index of Freedom’ and an ‘Index of Equality’. By empirical examination of the research question of Democratic Life two essential questions in the modern democratic theory can be investigated: 1.) How democratic is a democracy? 2.) How much freedom and equality does a liberal democracy need? The countries analyzed for the Democratic Life concept in this article are the United States, Australia, Sweden and Germany in comparison between 1995 and 2008. This degree of democratic quality will create a lot of problems towards developing sustainability in a democracy, because in the United States there is currently a big disparity between freedom and equality.
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Garde, Amandine. "Freedom of Commercial Expression and Public Health Protection in Europe." Cambridge Yearbook of European Legal Studies 12 (2010): 225–56. http://dx.doi.org/10.1017/s1528887000001804.

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Abstract This chapter focuses on the extent to which public health has been relied upon by the EU legislature or by Member States of the European Union to limit the freedom of commercial operators to promote their goods and services. First, it discusses why courts in the United States and in Europe have ruled that the freedom of commercial operators to advertise their goods and services should be protected, in light of the fundamental role advertising plays in a liberal market economy. It shows that freedom of commercial expression has been made conditional upon the disclosure of sufficient and reliable information to consumers, thus reflecting a model of consumer protection based on the well-informed and reasonably circumspect consumer. Secondly, it addresses the more controversial question of the extent to which public health may be invoked as an overriding requirement of public interest to curtail the right of commercial operators to promote their goods and services. The approach of the Court of Justice is compared with that taken by the US Supreme Court. This comparative approach highlights the differences between the two: the former is very reluctant to exercise its review powers, while the latter has made it excessively difficult for public authorities to impose any meaningful advertising restrictions. It is argued that neither court has been able to strike a suitable balance between, one the one hand, the need to review the validity of restrictions imposed by public authorities on commercial speech to ensure a high level of public health protection and, one the other hand, the need to ensure that courts do not substitute their assessment to that of the legislature in exercising their judicial review powers. A more balanced approach is required to ensure the adequate protection of consumer health.
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Luscombe, Alex, Kevin Walby, and Randy K. Lippert. "Brokering Access Beyond the Border and in the Wild: Comparing Freedom of Information Law and Policy in Canada and the United States." Law & Policy 39, no. 3 (June 2, 2017): 259–79. http://dx.doi.org/10.1111/lapo.12080.

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Kerzel, Sami. "FOIA: Then and Now." DttP: Documents to the People 44, no. 4 (January 31, 2017): 22. http://dx.doi.org/10.5860/dttp.v44i4.6226.

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Enacted in 1966 and effective July 4, 1967, the Freedom of Information Act (FOIA) gives people, both citizens and non-citizens, the right to request access to federal executive branch agency records. According to FOIA’s website, provided by the United States Department of Justice, FOIA “is a law that gives you the right to access information from the federal government. It is often described as the law that keeps citizens in the know about their government.” However, agencies may at their own discretion provide access to records that fall under these exemptions and exclusions when allowed by law. Due to amendments that have occurred overtime, FOIA remains relevant in today’s technological world. Some information, called proactive disclosures, are made freely available online by agencies, which do not require a request, and when requests are needed they can be made electronically. To truly understand FOIA an understanding of its general workings, amendment history and recent legislation is beneficial.
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Maksimov, Aleksandr Aleksandrovich. "Constitutional legal peculiarities of information censorship in social networks." Административное и муниципальное право, no. 2 (February 2021): 86–98. http://dx.doi.org/10.7256/2454-0595.2021.2.34915.

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The subject of this article is the Russian and foreign legislative norms, materials of law enforcement practice, user policy agreements, scientific literature on the topic, and reports of the international organizations on human rights. The object of this research is the legal relations that regulate the existing mechanisms of information censorship on the Internet. The research contains a detailed historical-legal analysis of the mechanisms and principles of the implementation of regulation of the right to freedom of speech in the United States, with emphasis on the law enforcement practice. The author examines the latest Russian model of restrictions on the distribution of information, as well as the mechanism for preventing violations of the basic human rights and freedoms, which limits the possible impact on the exercise of political rights in the territory of the Russian Federation. The scientific novelty consists in the detailed analysis of previously unstudied aspects of restriction of information realized by the administration of social networks. In the course of this work, the author explores various approaches towards understanding the term censorship, as well as the constitutional legal peculiarities of information censorship on the Internet. The author proposes ways to develop legal provisions that regulate the exercise of rights in this sphere. The conclusion is made that on the need for development and legislative consolidation of the standards for user policy agreements, taking into account all available recommendations. The author makes proposals on improving the constitutional legal regulation of the right to information.
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Dissertations / Theses on the topic "United States. Freedom of information Discovery (Law)"

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Kirtley, Jane E. "Law & Ethics: A Blurring of the Lines." School of Journalism, University of Arizona (Tucson, AZ), 1994. http://hdl.handle.net/10150/583031.

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Larsen, Irene. "Public access to information : reaching the right balance between public and private." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78219.

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This thesis examines the change towards a property-based view of information in the fields of copyright, database protection and data privacy. Focus will be placed on the United States and the European Union, as those territories together are responsible for more than half of the world's Internet population. The thesis will attempt to show that a view of information as personal property is not actually benefiting society in general and is dangerous for future progress: economic, scientific and social. The thesis suggests balancing the restrictions on access to information as a whole, meaning viewing the restrictions in copyright, database protection and privacy laws to see how they together affect access to information. It argues that these fields of law should supplement each other in maximizing social welfare through a baseline of public access as opposed to a baseline of monopoly.
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McKay, Pamela R. "The law and policy of control : presidential papers and school library books." 1985. https://scholarworks.umass.edu/theses/2490.

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Books on the topic "United States. Freedom of information Discovery (Law)"

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Freedom of environmental information. El Paso: LFB Scholarly Pub. LLC, 2010.

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The right to know: Your guide to using and defending freedom of information law in the United States. Santa Barbara, Calif: Praeger Publishers, 2009.

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FREE FLOW OF INFORMATION: Media law and freedom of expression in the united states. [Place of publication not identified]: LULU COM, 2014.

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US GOVERNMENT. Electronic Freedom of Information Act Amendments of 1996. [Washington, D.C.?: U.S. G.P.O., 1996.

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1961-, Reidenberg Joel R., ed. Data privacy law: A study of United States data protection. Charlottesville, Va: Michie, 1996.

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United States. Congress. House. Committee on Government Reform. Subcommittee on Government Management, Finance, and Accountability. Information policy in the 21st century: A review of the Freedom of Information Act : hearing before the Subcommittee on Government Management, Finance, and Accountability of the Committee on Government Reform, House of Representatives, One Hundred Ninth Congress, first session, May 11, 2005. Washington: U.S. G.P.O., 2005.

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United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Technology and the Law. The Freedom of Information Act: Hearing before the Subcommittee on Technology and the Law of the Committee on the Judiciary, United States Senate, One Hundredth Congress, second session ... August 2, 1988. Washington: U.S. G.P.O., 1989.

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Judiciary, United States Congress House Committee on the. FBI authorization to obtain certain telephone subscriber information: Report (to accompany H.R. 175) (including cost estimate of the Congressional Budget Office). [Washington, D.C.?: U.S. G.P.O., 1993.

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Stienstra, Donna. Implementation of disclosure in United States district courts: With specific attention to courts' responses to selected amendments to federal rule of civil procedure 26. [Washington, D.C.]: Federal Judicial Center, 1998.

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United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Technology and the Law. The Freedom of Information Act: Hearing before the Subcommittee on Technology and the Law of the Committee on the Judiciary, United States Senate, One Hundredth Congress, second session on the Freedom of Information Act, August 2, 1988. Washington: U.S. G.P.O., 1989.

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Book chapters on the topic "United States. Freedom of information Discovery (Law)"

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Molly, Land, Giannoumis Anthony, Kitkowska Aga, and Mikhaylova Maria. "Art.22 Respect for Privacy." In The UN Convention on the Rights of Persons with Disabilities. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198810667.003.0023.

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This chapter examines the legal and normative obligations of states under Article 22 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) to protect individuals with disabilities against unlawful and arbitrary interference with their privacy, both in general and in particular with respect to their personal, health, and rehabilitation information. For persons with disabilities, the right to privacy plays a particularly important role in helping to guarantee rights such as the rights to equality, to freedom from discrimination, to employment, and to education, among others. This is because the right to privacy provides individuals with the right to control information about themselves, including information related to their disability status. The ability to control and limit discovery and disclosure of one’s disability status is essential in helping to protect the individual from discrimination and stigma.
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"The Right to Know in Australia, Canada, Ireland, New Zealand, and the United States." In Macdonald on the Law of Freedom of Information, edited by John MacDonald and Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0035.

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It was acknowledged in the 1997 White Paper Your Right To Know that the United Kingdom could learn much from the experience of other countries with established FOI regimes. The draftsman of the Freedom of Information Act 2000 had regard to the statutory schemes of five such countries whose jurisprudence has precedent value in our courts: Australia, Canada, Ireland, New Zealand, and the United States. Chapter 25 looks at their different approaches to the fundamental elements of any FOI regime, and gives examples of how their courts have interpreted and applied the respective statutes. The chapter notes common themes and recurrent sources of controversy, notably delays in responding to requests, charges for access, and the position of affected third parties. It traces how the legislation in each country has been adapted over the years, and where there is pressure for yet further reforms.
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Eliza, Varney. "Art.21 Freedom of Expression and Opinion, and Access to Information." In The UN Convention on the Rights of Persons with Disabilities. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198810667.003.0022.

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This chapter examines the effectiveness of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in promoting and protecting the equal right of persons with disabilities to freedom of expression and opinion and access to information, focusing on 21. The discussion draws links between this provision and Article 19 of the International Covenant on Civil and Political Rights, and stresses the importance of the CRPD in applying the right to freedom of expression and opinion and access to information to the specific circumstances of persons with disabilities. Links are drawn also between Article 21 and other provisions of the CRPD, particularly Article 9 on accessibility. The chapter concludes with a reflection on the opportunities and challenges associated with the implementation of Article 21 by states parties to the Convention.
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"The Historical Background." In Macdonald on the Law of Freedom of Information, edited by John MacDonald and Ross Crail. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198724452.003.0004.

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Writing in 1972, HWR Wade drew attention to the difficulties which British law put in the way of the ordinary citizen trying to obtain or use information in government hands. Wade strikingly commented: ‘This ought to be a topic of administrative law, but it will not become one until Britain, like the United States, gives the public some sort of legal right against the government, and subscribes to the healthy American philosophy of “the public’s right to know”.’ Chapter 3 traces the development of administrative law in the 1960s, the campaign for freedom of information, the piecemeal legislative process, and the 1994 Code of Practice on Access to Government Information. The chapter concludes with an analysis of the 1997 White Paper Your Right to Know and the debates in Parliament as the 2000 Act was passed into law.
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Barnes, Jonathan. "Data Protection: Breach of Statutory Duty." In Tugendhat and Christie: The Law of Privacy and The Media. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780199685745.003.0009.

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This chapter examines the way in which the Data Protection Act 1998 (DPA) protects individual privacy and the challenges the Act presents to the protection of media and freedom of expression in English law. The Act represents the United Kingdom’s implementation of Directive 95/46/EC, which, as Recital 9 makes clear, is expressly concerned with the right to privacy and laid down requirements for Member States to adopt data protection legislation at the national level in order to protect privacy in relation to both computerized and manual files. The words ‘privacy’ and ‘private’ in this context mean no more than that information is personal. There is no connotation of secrecy. In other words, the terms are used in the same sense as in the expression ‘private property’, meaning property which is personal, not inaccessible or hidden away. Data protection rights are apt to protect information which is secret. But, like copyright, they are also apt to enable individuals to seek to prevent others exploiting for gain information about an individual which is not secret.
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