Cardozo Law Review
Abstract
The Freedom of Information Act (FOIA), while foundational for promoting government transparency, faces significant challenges in its administration, particularly through the judicially created "undue burden" claim, which allows agencies to evade disclosure. The note argues that courts' deference to agencies' claims of undue burden undermines FOIA's purpose of promoting openness. It proposes reforms, such as a public interest sliding scale, to balance the burden on agencies against the public's right to know, ensuring FOIA remains an effective tool for accountability.
Disciplines
Administrative Law | Human Rights Law | Intellectual Property Law | International Law | Law | Legislation | Science and Technology Law
Recommended Citation
Stephanie Alvarez-Jones,
"Too Big to FOIA": How Agencies Avoid Compliance with the Freedom of Information Act,
39
Cardozo L. Rev.
1055
(2018).
Available at:
https://larc.cardozo.yu.edu/clr/vol39/iss3/13
Included in
Administrative Law Commons, Human Rights Law Commons, Intellectual Property Law Commons, International Law Commons, Legislation Commons, Science and Technology Law Commons