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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Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding the Agreement Between The United States and The Russian Federation Concerning the Disposition Of Highly Enriched Uranium Extracted From Nuclear Weapons, Signed At Washington on February 18, 1993", https://doi.org/10.7910/DVN/4TLXM4, Harvard Dataverse, V1
KAV 3503 cover memo
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Concerning the Agreement with Russia Amending The Agreement Of August 26, 1993, As Amended and Extended, Concerning Cooperation In The Elimination Of Strategic Offensive Anns Signed At Moscow and Washington May 4 and 21, 2009 Entered Into Force May 21, 2009", https://doi.org/10.7910/DVN/67R020, Harvard Dataverse, V1
KAV 8702 cover memo
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding Agreement Between The Government of the United States of America and The Government of the Russian Federation Regarding the Consolidation and Rescheduling Of Certain Debts Owed To Or Guaranteed By The United States Government Signed At Washington September 30, 1993", https://doi.org/10.7910/DVN/AZIRPV, Harvard Dataverse, V1
KAV 3690 cover memo
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding the Implementing Agreement Between The United States and Russia On the Flight Of A U.S. Stratospheric aerosol and Gas Experiment (SAGE) III and a Total Ozone Mapping Spectrometer (TOMS) aboard Russian Meteor-3m Spacecraft, Signed At Moscow December 16, 1994", https://doi.org/10.7910/DVN/PDTKCX, Harvard Dataverse, V1
TIAS 12592 cover memo
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Background Statement Regarding Agreement Between The United States and Russia Amending The Agreement Of July 30, 1992, As Amended, Concerning the Safe, Secure, and Ecologically Sound Destruction Of Chemical Weapons Signed At Washington and Moscow Nov 9 and 14, 2000", https://doi.org/10.7910/DVN/S0P3T1, Harvard Dataverse, V1
KAV 5842 cover memo
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding the Agreement Between The United States and Russia Concerning Operation Safety Enhancements, Risk Reduction Measures and Nuclear Safety Regulation For Civilian Nuclear Facilities In The Russian Federation, Signed At Moscow, December 16, 1993", https://doi.org/10.7910/DVN/6F0Y4J, Harvard Dataverse, V1
TIAS 11488 cover memo
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding Agreement Between The United States and The russian federationn Federation Amending The Agreement Of september 2, 1993, As Amended, Concerning the Provision Of Material, Services and Training Relating to the Construction Of A safe, Secure and Ecologically Sound Storage Facility For Fissile material Derived From The Destruction Of Nuclear Weapons Signed At Washington Sept 6, 1996", https://doi.org/10.7910/DVN/NYDSLQ, Harvard Dataverse, V1
KAV 4749 cover memo
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding Agreement Between The United States and The Russian Federation Amending The Agreement Of April 3 1995, As Amended and Extended, Concerning Cooperation In Nuclear Weapons Transportation Security Through The Provision Of Material 1 Services and Related Training. Signed At Moscow and Washington March 1 and 5, 2004.", https://doi.org/10.7910/DVN/TGX19E, Harvard Dataverse, V1
KAV 7109 cover memo
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding Agreement Between The United States and The Russian Federation Amending The Agreement Of April 3, 1995, As Amended and Extended, Concerning Cooperation In Nuclear Weapons Transportation Security Through The Provision Of Material, Services, and Related Training Signed At Moscow and Washington Feb 14 and 28, 2002 Entered Into Force Feb 28, 2002", https://doi.org/10.7910/DVN/I3MRDB, Harvard Dataverse, V1
KAV 5993 cover memo
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding Agreement Between The United States and Russia Amending The Agreement Of Sept. 2, 1993, As Amended and Extended, Concerning the Provision Of Material, Services, and Training Relating to the Construction Of Safe, Secure, and Ecologically Sound Storage Facility For Fissile Material Derived From The Destruction Of Nuclear Weapons. Signed At Moscow and Washington May 21, and 26, 1999", https://doi.org/10.7910/DVN/DXUNGI, Harvard Dataverse, V1
KAV 5624 cover memo
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