October 24, 2013 - Professors Richard Bierschbach and Alex Stein's article in the Georgetown Law Journal was cited in the dissenting Judge's opinion in the Ninth Circuit's decision on Prudential Locations LLC v. United States Dep. of Housing and Urban Development.
 

The dissenting Judge, Marsha S. Berzon, disagreed with the majority ruling that allowed the government to avoid its disclosure obligations under the Freedom of Information Act by simply asserting that the names of informants, whose complaints triggered its investigations, are confidential. In her dissent, Judge Berzon relied on Professor Bierschbach and Stein's article, titled “Overenforcement”. In this article, they have identified significant costs incurred by individuals and entities saddled with disruptive inquiries, compliance burdens, and tarnished reputations.

Read the Ninth Circuit's opinion