Case Disclosed

Second Circuit Sua Sponte Shrinks Definition of “Agency Records”

October 4, 2022
By Stephen Stich

In Behar v. DHS, the Second Circuit upheld a Secret Service decision to withhold emails and schedules identifying people Donald Trump met with while under the agency’s protection as a presidential candidate and president-elect.

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Second Circuit Appeal Raises FOIA Question of First Impression

June 8, 2021
By Erik Fredericksen, Stephanie Rice, and Katherine Surma

In 2016, Congress amended the Freedom of Information Act to strengthen citizens’ access to information. In resolving the pending appeal filed by the MFIA Clinic in Seife v. FDA, No.

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Unpacking the Black Box: MFIA Tackles Algorithmic Accountability in Connecticut

April 30, 2021
By Chloe Francis, Karen Sung

Federal and local governments and agencies are increasingly using algorithms to either influence or determine actions, policies, services, programs, employment, contracting, rulemaking, budgeting, and resource allocation. Algorithms not only reflect human bias, but they can also, without proper checks and procedures, systematically compound human bias to the further disadvantage of marginalized populations. While algorithms may not be wholly determinative in making such decisions, they have a notable influence that must be subjected to scrutiny.

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No Democracy Without Disclosure: Why the Supreme Court Must Protect the Public’s Right to Know Who’s Behind Dark Money

April 23, 2021
By Emily Wang, Kataeya Wooten, Leah Zukerman

On January 6, 2021, in the hours before many of the President’s supporters stormed the Capitol in a violent effort to halt Congress’s certification of the Electoral College votes, President Trump spoke at the “March to Save America” rally in Washington’s Ellipse. To the agitated crowd, he urged his supporters to march on the U.S. Capitol and “fight like hell.” In the months since the deadly January 6 riots at the Capitol, some details have become clear.

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