The Failed Transparency Regime for Executive Agreements: An Empirical and Normative Analysis was published in the December 2020 issue of the Harvard Law Review. It analyzes data gleaned from 5,689 non-public cover memos that the Executive Branch included when it reported executive agreements to Congress, as required by law, from January 1989 to January 2017. Those cover memos, obtained under a negotiated settlement with the U.S. State Department, offer a window into the executive agreements reported to Congress. They also make it possible to compare those agreements reported to Congress with those made available to the public. The Article uses this data to evaluate the effectiveness of the transparency regime for executive agreements. Here, the Harvard Law Review and the Article’s authors collaborated with the Harvard Law School Library to make the underlying data, as well as the cover memos, available to readers.
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