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2011 U. Ill. L. Rev. 1339 (2011)
Transparency in Three Dimensions

handle is hein.journals/unilllr2011 and id is 1347 raw text is: TRANSPARENCY IN THREE
Frederick Schauer*
On November 11, 2010, at the University of Illinois College of
Law, Professor Frederick Schauer of the University of Virginia deli-
vered this lecture as part of the 2010 Baum Lecture Series. Professor
Schauer discussed the challenges associated with the often-touted vir-
tues of transparency in public decision making, offering a proposed
framework for assessing the goals and principles associated with
transparency, transparency's costs and benefits, and how transparen-
cy is related to other principles, including those of the First Amend-
Professor Schauer begins by discussing the definition of trans-
parency and how the degree of transparency is ultimately a function
of three variables: the possessor of information, the information that
is to be made transparent, and to whom access to information will be
given. He then addresses the aims of transparency, in particular its
regulatory, democracy enhancing, efficiency promoting, and episte-
mological goals. Professor Schauer notes how transparency is con-
servative, seeking to prevent the worst outcomes even at the occasion-
al cost of foreclosing the best ones.
Being invited to the College of Law at the University of Illinois to
deliver the David C. Baum Memorial Lecture on Civil Rights and Civil
Liberties is an extraordinary honor. It is one for which I am and will al-
ways remain grateful, in part because the lecture series commemorates
the life and accomplishments of a great teacher, fine scholar, and good
man who is such an important part of the College of Law's history. I am
also honored because I have been invited to join such a distinguished list
of past Baum Lecturers, some of whom I am pleased to call my friends
and others of whom have reputations to which I cannot even dream of
t This Article is the written and annotated version of the David C. Baum Memorial Lecture on
Civil Rights and Civil Liberties, delivered at the University of Illinois College of Law on November 11,
* David and Mary Harrison Distinguished Professor of Law, University of Virginia.


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