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, Background Statement Concerning the Agreement Between The United States and Moldova For Cooperation In The Global Learning and Observations To Benefit The Environment (GLOBE) Program, with Appendices. Signed At Washington January 30, 1995. Entered Into Force January 30, 1995.", https://doi.org/10.7910/DVN/ARWXJI, Harvard Dataverse, V1
TIAS 12603 cover memo
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Regarding the Arrangement with Finland For The Exchange Of Technical Information and Cooperation In Nuclear Safety Matters, with Addenda Signed At Vienna September 21, 2011 Entered Into Force September 21, 2011", https://doi.org/10.7910/DVN/TPANHC, Harvard Dataverse, V1
TIAS 11-921 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 On Assurances Concerning the Source Material transferred From The United States to the Russian federation, with Annex exchange Of Notes Act Washington March 24, 1999 Entered Into Force March 24, 1999", https://doi.org/10.7910/DVN/WZQGCF, Harvard Dataverse, V1
TIAS 13026 cover memo
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Concerning the Agreement with France, United Kingdom, The Netherlands and Germany Regarding the Establishment, Construction and Operation Of Uranium Enrichment Installations U.S.ing Gas Centrifuge Technology In The United States of America, with Agreed Minutes Signed At Paris February 24, 2011 Entered Into Force January 31, 2012", https://doi.org/10.7910/DVN/0QLQD6, Harvard Dataverse, V1
TIAS 12-131 cover memo
Jun 11, 2022
Oona A. Hathaway; Curtis A. Bradley; Jack L. Goldsmith, 2022, "Executive Agreements Database, Statement Concerning the Agreement with The Philippines For Compensation For Damage to the Tubbataha Reef Caused By The Grounding of the U.s.s Guardian Effected By Exchange Of Notes Act Manila And Pasay City November 13 And December 18, 2014 Entered Into Force December 18, 2014", https://doi.org/10.7910/DVN/USDJLX, Harvard Dataverse, V1
TIAS 14-1218 cover memo
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