The Yale Law Journal

Jameel Jaffer


A Resurgence of Secret Law

Jameel Jaffer & Brett Max Kaufman

This much should be uncontroversial: the public should have access to the law and to the government’s interpretations of it. This principle is an imperative not just of due process but also of republican governance. The Freedom of Information Act (FOIA), which the Eighty-ninth Congress enacted half …