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FOIA and Open Government: Understanding the Policy, Process, and Exceptions, Study notes of Administrative Law

Jaypee University of Information TechnologyAdministrative Law

This chapter provides an overview of the freedom of information act (foia), including the policy behind it, the process for requesting documents, the standard for judicial review, and the differences between foia and discovery. It also covers the concept of reverse foia and the role of ex. Order 12600. Additionally, the chapter discusses sunshine acts and open meetings, their critical functions, and the differences in sanctions between the federal government and the states.

Typology: Study notes

2012/2013

Uploaded on 01/27/2013

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Chapter 9
FOIA
What is the policy behind FOIA?
How do you request documents under the FOIA?
What is the standard for judicial review of denials of FOIA requests?
How does this support FOIA policy?
When will the court defer to the agency in the review of FOIA requests?
How is FOIA different from discovery?
Why would you use FOIA instead of discovery?
What does it mean to say that FOIA is about access to records and not to
information?
How is this changing in the electronic world?
If a document is covered by one of the nine exceptions, under what circumstances
may the agency still release the document?
What is necessary to assure that a document will not be released under FOIA?
What is reverse FOIA? (Chrysler case)
What does Ex. Order 12600 require?
Why is this critical to reverse FOIA protections?
What is a Glomar response and why is it necessary?
Sunshine Acts and Open Meetings
What are Sunshine Acts?
What are the critical functions for meetings that trigger the Sunshine Act?
How do sanctions for violating the Sunshine/Open Meetings acts differ between
the states and the federal government?
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Chapter 9

FOIA

What is the policy behind FOIA? How do you request documents under the FOIA? What is the standard for judicial review of denials of FOIA requests? How does this support FOIA policy? When will the court defer to the agency in the review of FOIA requests? How is FOIA different from discovery? Why would you use FOIA instead of discovery? What does it mean to say that FOIA is about access to records and not to information? How is this changing in the electronic world? If a document is covered by one of the nine exceptions, under what circumstances may the agency still release the document?

What is necessary to assure that a document will not be released under FOIA? What is reverse FOIA? ( Chrysler case) What does Ex. Order 12600 require? Why is this critical to reverse FOIA protections?

What is a Glomar response and why is it necessary?

Sunshine Acts and Open Meetings

What are Sunshine Acts? What are the critical functions for meetings that trigger the Sunshine Act? How do sanctions for violating the Sunshine/Open Meetings acts differ between the states and the federal government?

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