Researching secondary sources

secondary

Secondary sources–that is, explanatory and policy-based discussions of FOIA and related laws–fall generally into the following categories:

  1. Legal treatises;
  2. Guides for individuals making FOIA requests;
  3. Academic discussions of FOIA and government transparency, such as in law journals; and
  4. Publications of advocacy organizations.

Legal Treatises

American Law Reports, available on Westlaw Next. Start in the American Law Reports index; from the table of contents of the index, select “Freedom of Information Acts.”

Stein, Mitchell, Mezines, Administrative Law. Available on Lexis Advance. Chapter 7 is specific to Public Records and the federal Freedom of Information Act.

Practical Guides

In some states, the Secretary of State has published a guide for individuals making FOIA requests. For example, see A Guide to the Massachusetts Public Records Law.

There are also Continuing Legal Education programs and publications on FOIA. Because CLEs are big business, it is reasonable to assume that these publications will not be available on the free Internet.  Freedom of information and public records law in Massachusetts : a discussion of the mechanics of the public records law and the impact of the law’s application, 3rd edis available on BloombergLaw.

Academic Discussions

Many law school journals have included articles on FOIA. Although these papers are frequently the federal FOIA, papers on state FOIAs may be published in journals of law schools in those states. For example, the University of the District of Columbia-David Clarke School of Law Law Review published a paper about the D.C. FOIA in Summer 2010 (see ARTICLE: MAKING FREEDOM OF INFORMATION LAWS ACTUALLY WORK: THE CASE OF THE DISTRICT OF COLUMBIA, 13 UDC-DCSL L. Rev. 335). On Lexis Advance, search for “Freedom of Information” and then narrow your results to Secondary Sources and then Law Reviews and Journals. In WestlawNext, browse secondary sources by type “Law Reviews & Journals” and search for “freedom of information.”

Trade journals as well are a source for discussion of FOIA. State bar magazines are a good place to look for articles on state FOIA and public records laws.

Advocacy Websites

Because website content is not static, this guide does not direct the user to specific content. Rather, I provide here suggestions of relevant advocacy organizations as well as considerations for the user seeking organizations beyond the ones identified.

Open government organizations

Journalism organizations