Chapter 2. Should We Rely on Judges? Transparency and the Problem of Judicial Deference

Chapters in this book

1. Frontmatter i
2. Contents ix
3. Preface to the Paperback Edition xi
4. Acknowledgments xvii
5. Introduction. Who Watches the Watchers? 1
6. Chapter 1. The Problem: How to Regulate State Secrecy? 16
7. Chapter 2. Should We Rely on Judges? Transparency and the Problem of Judicial Deference 51
8. Chapter 3. Should We Rely on Congress? Oversight and the Problem of Executive Privilege 80
9. Chapter 4. Should the Law Condone Unauthorized Disclosures? Fire Alarms and the Problem of Legitimacy 103
10. Chapter 5. Should We Rely on Whistleblowers? Disobedience and the Problem of Retaliation 127
11. Chapter 6. Should We Trust Leakers? Anonymous Sources and the Problem of Regulation 153
12. Conclusion. Bitter Medicine 181
13. Notes 205
14. Selected Bibliography 245
15. Index 269