The topic of “secret law” is probed at great length in a new law review paper, which substantiates the concept and suggests a set of principles for addressing it. See “Coming to Terms with Secret Law” by Dakota S. Rudesill, to be published in the Harvard National Security Journal.
Secret law is defined here as “legal authorities that require compliance [but] that are classified or otherwise withheld from the public.”
The paper provides extensive citations to relevant source material (including a few references to Secrecy News), thoughtful consideration of arguments for and against the status quo, and a novel compilation of congressional reports that include classified addenda. (h/t Lawfare)
There is no question this is a Big Deal. If you are a university or research lab, or aspire to work in one, or are simply an enthusiast of federally-funded research, what’s next will matter.
The emerging federal metascience community is asking fascinating questions that are equally vital for democratic legitimacy: beyond “did this program work” to “how does the federal R&D enterprise itself work, and how could it work better?”
If you’re new to the climate intervention space, welcome! The TL;DR: if we can’t stop the most catastrophic impacts of climate change with current tools quickly enough, then we need a bigger toolbox.
After months of delay, the council tasked by President Trump to review the FEMA released its final report. Our disaster policy nerds have thoughts.