Guide · Administrative Law
The Freedom of Information Act and State Public Records Laws: A Comprehensive Guide
5 U.S.C. § 552(f)(1)
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-05-08
- Topic
- Administrative Law
A complete practitioner's treatment of federal and state public records law for requesters, agency counsel, and submitters of business information. Parts I through V cover the mechanics: which entities FOIA reaches, what qualifies as an agency record, how to draft a request that survives, the fee categories and waiver standard, the deadlines and the constructive exhaustion that follows a missed one, and the adequacy of search standard. Parts VI through XII take each of the nine exemptions in turn with the controlling decisions, giving the most attention to Exemption 4 after Food Marketing Institute v. Argus Leader Media and to Exemption 5's deliberative process privilege. Parts XIII and XIV cover the Glomar response, official acknowledgment, the Vaughn index, segregability, and the 2016 foreseeable harm standard. Parts XV through XVII cover the administrative appeal, litigation practice, and attorney fees under the restored catalyst theory. Part XVIII covers reverse FOIA and the submitter's protective practice. Parts XIX and XX cover the Privacy Act, Sunshine Act, FACA, and records statutes, and the state public records and open meetings laws that are often faster and broader. Part XXI is the verification list.
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