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Freedom of information trends in the information age
Book reviews
185
All this is not to say the volume lacks value. Judiciously used, it can be a useful reference volume for a variety of types of readers, and surely ought to be part of libraries which carry Supreme Court materials. I can probably best give a sense of how or wherein it might be useful by mentioning some of its contents. Its coverage is distinctly narrower than its title suggests, the focus being almost entirely on the Supreme Court in the Burger era. It contains chapters on “The Court and the President,” covering matters such as judicial appointment, the relation of various justices with various presidents, and Court decisions on presidential powers. A chapter on “The Court and Congress” contains material on confirmation, with a fairly long discussion of the confirmation hearings of Sandra Day O’Connor, congressional powers and efforts to overturn or control the court, cases and issues where the Court has overturned or controlled exercises of congressional powers. Finally, a chapter on “The Court at Work” contains a brief statement of the judicial “philosophy” or approach of each of the current justices, as well as brief summaries of nearly 400 recent cases. This last feature might be especially useful in giving a reader a quick sense of what has been happening recently in various areas of constitutional law, as well as names of relevant cases. As appendices, the volume contains a text of the Constitution, excerpts from six “historic Supreme Court rulings” (what the principle of selection for inclusion is here escapes me altogether), a list of Acts of Congress declared unconstitutional, brief biographies of recent justices, a table of Supreme Court nominations, 1789-1983, and a glossary of legal terms. Within the book itself, some of the most useful things are appendix-like compilations, such as a list of Justices who have served in Congress, or a listing of attempts by Congress to “curb the Court.” This volume probably has something for just about everybody interested in the Supreme Court, although it might have been more helpful had it contained both some bloc analyses of the Court in this period, and compilations on the Court’s workload. MICHAEL ZUCKERT Professor of Political Science Carleton College Northfield, MN 55057 USA
Freedom of Information Trends in the Information Age. Edited by Tom Riley and Harold C. Relyea. London and Totowa, New Jersey: Frank Cass & Co. Ltd., 1983, $25.00 ISBN O-7146-3221-X. LC 83-147932. This collection of five articles on freedom of information trends throughout the world first appeared in a special issue of Journal of Media Law and Practice, volume 3, number 1 (May, 1982) published by the Frank Cass & Co. Ltd. The two editors are the leading experts in the world on freedom of information legislation. They also contributed the two major articles in this collection. Tom Riley is currently Executive Secretary of the International Freedom of Information Institute, London, England, and editor of their International Freedom of Information newsletter. Harold C. Relyea is a Specialist in American National Government for the Congressional Research Service who monitors freedom of information activities and prepares research studies for the Congress on this topic. In the first article, Riley reviews the status of freedom of information around the world. This review is limited to countries which currently have, or are considering such legislation. This includes Western European democracies (Sweden, West Germany, Denmark, France, Norway, Finland, The Netherlands, Austria), The Council of Europe, and English speaking parliamentary governments (New Zealand, Australia, and Canada). Relyea next analyzes current deficiencies in the U.S. Freedom of Information Act (FOIA) and regulations, and efforts by the Congress to modify the FOIA in the 97th Congress (1981-1982) in the following areas: agency immunity, particularly the CIA and FBI; user limitations; cost recovery; fee waivers; response times; submitter rights; and changes in exemptions. Excellent footnotes provide references to significant congressional hearings and reports, and to court decisions. Senator Jim Sasser (D.-Tenn.), formerly chairman of the Governmental Affairs subcommittee which held oversight hearings on FOIA during the 96th Congress, presents a personal report on what he considers deficiencies in the law and its implementation by executive agencies, with his recommendations for improvement. Two short articles on freedom of information activities in Great Britain complete the collection. Martin Smith, Research Officer of the National Consumer Council, discusses “Open Government and the Consumer in Britain.” James Michael, a senior lecturer in law at the Polytechnic of Central London
186
Book reviews
discusses “Interests of Third Parties: The Extent to which Government should keep Information Secret for the Sake of Third Parties.” Appendices include a Selected Bibliography and a list of “Press Notices on Disclosures made Pursuant to the Federal Freedom of Information Act, 1972-1980” compiled by Harold C. Relyea and Suzanne Cavanagh, of the Congressional Research Service at the request of the House Subcommittee on Government Information and Individual Rights-276 significant news stories are listed chronologically with reference to publication source and date. LEROY C. SCHWARZKOPF Government Documents Consultant P.O. Box 232 Greenbelt, MD 20770 USA
185
All this is not to say the volume lacks value. Judiciously used, it can be a useful reference volume for a variety of types of readers, and surely ought to be part of libraries which carry Supreme Court materials. I can probably best give a sense of how or wherein it might be useful by mentioning some of its contents. Its coverage is distinctly narrower than its title suggests, the focus being almost entirely on the Supreme Court in the Burger era. It contains chapters on “The Court and the President,” covering matters such as judicial appointment, the relation of various justices with various presidents, and Court decisions on presidential powers. A chapter on “The Court and Congress” contains material on confirmation, with a fairly long discussion of the confirmation hearings of Sandra Day O’Connor, congressional powers and efforts to overturn or control the court, cases and issues where the Court has overturned or controlled exercises of congressional powers. Finally, a chapter on “The Court at Work” contains a brief statement of the judicial “philosophy” or approach of each of the current justices, as well as brief summaries of nearly 400 recent cases. This last feature might be especially useful in giving a reader a quick sense of what has been happening recently in various areas of constitutional law, as well as names of relevant cases. As appendices, the volume contains a text of the Constitution, excerpts from six “historic Supreme Court rulings” (what the principle of selection for inclusion is here escapes me altogether), a list of Acts of Congress declared unconstitutional, brief biographies of recent justices, a table of Supreme Court nominations, 1789-1983, and a glossary of legal terms. Within the book itself, some of the most useful things are appendix-like compilations, such as a list of Justices who have served in Congress, or a listing of attempts by Congress to “curb the Court.” This volume probably has something for just about everybody interested in the Supreme Court, although it might have been more helpful had it contained both some bloc analyses of the Court in this period, and compilations on the Court’s workload. MICHAEL ZUCKERT Professor of Political Science Carleton College Northfield, MN 55057 USA
Freedom of Information Trends in the Information Age. Edited by Tom Riley and Harold C. Relyea. London and Totowa, New Jersey: Frank Cass & Co. Ltd., 1983, $25.00 ISBN O-7146-3221-X. LC 83-147932. This collection of five articles on freedom of information trends throughout the world first appeared in a special issue of Journal of Media Law and Practice, volume 3, number 1 (May, 1982) published by the Frank Cass & Co. Ltd. The two editors are the leading experts in the world on freedom of information legislation. They also contributed the two major articles in this collection. Tom Riley is currently Executive Secretary of the International Freedom of Information Institute, London, England, and editor of their International Freedom of Information newsletter. Harold C. Relyea is a Specialist in American National Government for the Congressional Research Service who monitors freedom of information activities and prepares research studies for the Congress on this topic. In the first article, Riley reviews the status of freedom of information around the world. This review is limited to countries which currently have, or are considering such legislation. This includes Western European democracies (Sweden, West Germany, Denmark, France, Norway, Finland, The Netherlands, Austria), The Council of Europe, and English speaking parliamentary governments (New Zealand, Australia, and Canada). Relyea next analyzes current deficiencies in the U.S. Freedom of Information Act (FOIA) and regulations, and efforts by the Congress to modify the FOIA in the 97th Congress (1981-1982) in the following areas: agency immunity, particularly the CIA and FBI; user limitations; cost recovery; fee waivers; response times; submitter rights; and changes in exemptions. Excellent footnotes provide references to significant congressional hearings and reports, and to court decisions. Senator Jim Sasser (D.-Tenn.), formerly chairman of the Governmental Affairs subcommittee which held oversight hearings on FOIA during the 96th Congress, presents a personal report on what he considers deficiencies in the law and its implementation by executive agencies, with his recommendations for improvement. Two short articles on freedom of information activities in Great Britain complete the collection. Martin Smith, Research Officer of the National Consumer Council, discusses “Open Government and the Consumer in Britain.” James Michael, a senior lecturer in law at the Polytechnic of Central London
186
Book reviews
discusses “Interests of Third Parties: The Extent to which Government should keep Information Secret for the Sake of Third Parties.” Appendices include a Selected Bibliography and a list of “Press Notices on Disclosures made Pursuant to the Federal Freedom of Information Act, 1972-1980” compiled by Harold C. Relyea and Suzanne Cavanagh, of the Congressional Research Service at the request of the House Subcommittee on Government Information and Individual Rights-276 significant news stories are listed chronologically with reference to publication source and date. LEROY C. SCHWARZKOPF Government Documents Consultant P.O. Box 232 Greenbelt, MD 20770 USA