I did a huge amount of reading this summer for a paper I wrote for the journal Public Integrity
(and otherwise). The first piece of reading I'm going to talk about is one of the otherwise.
Washington University in St. Louis law professor Kathleen Clark's
law review article, "Confidentiality
Norms and Government Lawyers
," 85 Wash. U. L. Rev. (2008), is
on a topic I researched many years ago and never wrote about, at
least at any length. Now I don't have to write it, because Clark did
such an excellent job. It's too bad it took me so long
to discover it.
As Clark notes, "government lawyers face the confidentiality issue
every day." Generally, they tend to favor confidentiality over transparency.
It's the way attorneys are taught, and what the rules of professional conduct say.