I feel like Will’s “transparency makes organizations worse” argument begs the question. In one sense, it’s true. I have friends who are school social workers, and they can’t take too detailed of notes because those notes will become discoverable in a future lawsuit or may be subject to our state-law FOIA analogue. So, they take minimal notes, which results in (1) possibly poorer care for their students and (2) poor deposition testimony in future lawsuits bc they can’t rely on any substantial notes.
But, proponents of transparency would argue these are necessary trade-offs that must be accepted so we can see when these institutions fail us. So, simply saying transparency hurts institutions wouldn’t rebut the perception that these institutions are evil/consistently fail us, which is the main driver of the transparency laws. The hard work of rebuilding trust seems to be the way to go.
Did you envision the unanimous outcome based on oral arguments? It seemed to me after them that the Court will be much more divided
I feel like Will’s “transparency makes organizations worse” argument begs the question. In one sense, it’s true. I have friends who are school social workers, and they can’t take too detailed of notes because those notes will become discoverable in a future lawsuit or may be subject to our state-law FOIA analogue. So, they take minimal notes, which results in (1) possibly poorer care for their students and (2) poor deposition testimony in future lawsuits bc they can’t rely on any substantial notes.
But, proponents of transparency would argue these are necessary trade-offs that must be accepted so we can see when these institutions fail us. So, simply saying transparency hurts institutions wouldn’t rebut the perception that these institutions are evil/consistently fail us, which is the main driver of the transparency laws. The hard work of rebuilding trust seems to be the way to go.
So are you guys and Akhil going to move to their business model?
No change in the business model!
30 Rock season 2, episode 1 ("Seinfeld Vision"):
Tracy Jordan: Kenneth Parcell, will you take this ring... and sell it in the Jewish part of Midtown, and use the money to get us a Nintendo Wii?
Kenneth Parcell: Yes. Yes, a thousand times yes!
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