No Prisoner Left Behind? Enhancing Public Transparency of Penal Institutions
Prisoners suffer life-long debilitating effects of their incarceration, making them a subordinated class of people for life. This article examines how prison conditions facilitate subordination and concludes that enhancing transparency is the first step towards equality. Anti-subordination efforts led to enhanced transparency in schools, a similar but not identical institution. This article argues that federal school transparency measures provide a rudimentary and balanced framework for enhancing prison transparency.
Seeing the State: Transparency as Metaphor
When applied as a public administrative norm, the term and concept “transparency” has two intertwined meanings. First, it refers to those constitutional and legislative tools that require the government to disclose information in order to inform the public and create a more accountable, responsive state. Second, it operates as a metaphor that identifies and decries the distance between the public and the state, and that drives and shapes the desire for a more perfect democratic order. Viewed together, these two meanings both demand efforts to impose legal obligations on the state to be “open” and suggest that such efforts are necessary to allow the public to eradicate the state’s physical, organizational, and affective remove or mitigate its ill-effects. This article considers the implications of the latter meaning, and that meaning’s effect on efforts to develop and implement the technocratic tools in the former meaning. It argues that the state cannot in fact be made thoroughly visible - that the state’s organizational complexity, territorial dispersal across space, and enclosure within buildings inevitably obstruct the public’s view. Reviewing the law and culture of “transparency,” the article concludes that the metaphoric meaning’s logical end, a reversal of Bentham’s Panopticon, demonstrates the impossibility and unattractive consequences of imposing a fully visible state. Nevertheless, the article argues, the populist understanding of transparency is too embedded within our political culture to ignore or avoid entirely, demonstrating that technocratic advances in making the state appear more open must ultimately rely upon metaphoric, populist gestures.
The Area of Freedom, Security and Justice ten years on: Successes and future challenges under the Stockholm Programme. CEPS Paperbacks. June 2010
This book celebrates the tenth anniversary of the Area of Freedom, Security and Justice (AFSJ) by bringing together the views of key practitioners and policy-makers who have played an outstanding role in thinking about and shaping EU policies on freedom, security and justice. 
 
Ten years ago, the member states transferred competences to the EU for law and policy-making in the fields of immigration, asylum and border controls, and began the transfer process for criminal justice and policing. This decade of European cooperation on AFSJ policies has experienced very dynamic convergence, the enactment of a large body of European law and the setting-up of numerous EU agencies working in these domains. Such dynamism in policy-making has not been without challenges and vulnerabilities, however. As this collective volume shows, the main dilemmas that lie ahead relate to an effective (while more plural) institutional framework under the Treaty of Lisbon, stronger judicial scrutiny through a greater role for national courts and the Court of Justice in Luxembourg, better mechanisms for evaluating and monitoring the implementation of EU AFSJ law and a more solid fundamental rights strategy. The contributions in this volume address the progress achieved so far in these policy areas, identify the challenges for future European cooperation in the AFSJ and put forward possible paths for making more progress in the next generation of the EU’s AFSJ.