Article

Illegal Secrets

Jenny-Brooke Condon
When can the government keep its illegal action secret? In spite of the strong incentive for government officials and institutions to hide unlawful conduct from the public and their demonstrated tendency to do so, both public information access doctrines and the broader normative discussion of government secrecy inadequately answer this question. The questionable legality and pervasive secrecy of recent national security activities—in particular, the National Security Agency’s (“NSA’s”) collection of…
Article

Noise Reduction: The Screening Value of Qui Tam

Anthony J. Casey and Anthony Niblett
Whistle-blowing mechanisms have long been recognized and used as tools to encourage the revelation of hidden information. The information sought is often evidence of otherwise undetectable fraud. An effective mechanism will be one that best deters such fraud. To do this, the mechanism needs to produce high-quality information that is not otherwise lost in the noise of low-quality information. In this paper, we present a model to explore how the…
Article

Why Do Cities Innovate in Public Health? Implications of Scale and Structure

Paul A. Diller
Big cities have frequently enacted public health regulations—especially with respect to tobacco use and obesity—that go beyond the state and federal regulatory floors. That cities innovate in public health at all is remarkable. They have less to gain financially from more stringent regulation than higher levels of government, which shoulder more of the burden of Medicare and Medicaid. Cities are supposed to fear mobile capital flight; if they regulate, businesses…
Note

“I [Won’t] Follow You”: The Misguided, and Dangerous, Interpretation of Constitutional Extraterritoriality in United States v. Ali

Isaac D. Chaput
Not only is United States citizenship a “high privilege,” it is a priceless treasure. For that citizenship is enriched beyond price by our goal of equal justice under law—equal justice not for citizens alone, but for all persons coming within the ambit of our power.