The Failed Transparency Regime for Executive Agreements

We must always emphasize with the outset that though we are extremely essential of the current reporting and publication method for govt agreements, we do not believe that the blame for this dysfunction lays on the feet of any particular department of presidency or certain organizations or persons inside of The manager branch. The dysfunction is definitely the product of a long time of neglect, secrecy, disorganization, useful resource constraints, and misplaced priorities, in equally Congress and the executive branch. The existing procedure will not be admired by any one in the government or serving any establishment’s curiosity. Reform is Evidently needed, as most of our govt department and congressional job interview topics by themselves acknowledged. Although some of our proposed reforms might be tougher to carry out than Other folks, there should be wide arrangement, throughout events and across the political branches of presidency, that the program is badly needing repair.

For valuable opinions and ideas, we thank Sue Biniaz, Kathy Bradley, Kathleen Claussen, Ashley Deeks, Kristen Eichensehr, Jean Galbraith, Monica Hakimi, Duncan Hollis, Mark Iozzi, Jamil Jaffer, Michael Mattler, David Pozen, Ryan Scoville, Margaret Taylor, and participants in the college workshop at Duke Regulation Faculty and in the 2019 Duke-Virginia International Relations Law Roundtable. For fantastic research support, we thank Benjamin Fleshman, Michelle Lou, Eli Nachmany, Sam Rebo, and Abraham Sutton. For support with information assortment  Virginia Business Lawyer  and statutory analysis, we thank Andrea de Sa, Sasha Dudding, Pardis Gheibi, Katrin Marquez, and Danielle Zucker — who worked practically two many years on this task. We also thank Natalie Giotta, Ariq Hatibie, Kelsea Jeon, Christopher Kim, Tobias Kuehne, Julianna Lai, Sam Larkin, Jared LeBrun, Preston Lim, Randi Michel, Nicole Ng, Max Obmascik, John Park, Kate Pundyk, and Tiana Wang for their help in creating and good quality managing the data, and Andrea de Sa and Ayoub Ouederni for his or her remarkable help with examining the data.

We thank the various authorities lawyers earlier and existing who supplied us with insights into the procedure for creating executive agreements. We’re grateful to Michelle Pearse, in the Harvard Legislation School Library, for support with producing the web repository of the info in this post and also to Evelyn Ma, Lucie Olejnikova, and your complete staff with the Yale Legislation Library for his or her assistance on many analysis jobs, which include tracking down obscure resources. For help with the FOIA request and lawsuit against the Department of Point out (Yale Legislation School Center for Worldwide Authorized Worries v. U.S. Division of State, No. seventeen-cv-02042 (D. Conn. Dec. seven, 2017)), we thank Hannah Bloch-Wehba, Charles Crain, Diana Lee, Paulina Perlin, and David Schultz of the Media Flexibility and Information Access Clinic at Yale Regulation College. For his or her work on the info visualizations, see Oona A. Hathaway, Curtis A. Bradley & Jack L. Goldsmith, The Unsuccessful Transparency Regime for Government Agreements: An Empirical and Normative Evaluation: Facts Visualizations, HARV. L. REV. (Dec. 10, 2020), https://harvardlawreview.org/executive-agreements-visualizations, and Figures 1 and 3 in this Article, we thank Aucher Serr and Natalie Erdem, of Two-N.

The Failed Transparency Regime for Executive Agreements
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