Abstract
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References
1.
See
Popper
K.R.
, The Open Society and its Enemies , Vol. 1 (Plato), Vol. 2 (Hegel & Marx) (1945 ).
2.Richmond Newspapers v. Virginia , 100 S.Ct. 2814 (1980 ).
3.
Bentham
I. J.
, Rationale of Judicial Evidence 524 (1827 ), quoted id. at 2824.
4.
C. 213 of the Acts of 1980 . It reads in pertinent part: No person filing a complaint or reporting or providing information pursuant to this section or assisting the board at its request in any manner in discharging its duties and functions shall be liable in any cause of action arising out of the receiving of such information or assistance, provided the person making the complaint or reporting or providing such information or assistance does so in good faith without malice. The board shall keep confidential any complaint, report, record, or other information received or kept by the board in connection with an investigation conducted by the board pursuant to this section; provided, however, that except to the extent that disclosures of records or other information may be restricted as otherwise provided by law, investigative records or information of the board shall not be kept confidential after the board has by dismissal, adjudication or other final action disposed of the matter under investigation nor shall the requirement that investigative records or information be kept confidential at any time apply to requests from the person under investigation for disclosure of information.
5.
See e.g., Mass. Gen. Laws c. 66, §10(c).
6.Mass. Gen. Laws c. 4, §7(c). The relevant statutes in Massachusetts include Mass. Gen. Laws c. 66, §10 (Public Records Act, Title X); Mass. Gen. Laws c. 66A, §2 (Fair Information Practices); Mass. Gen. Laws c. 4, §7 (in Title I, Jurisdiction and Emblems of the Commonwealth, the General Court, Statutes and Public Documents); and Mass. Gen. Laws c. 30A, §11A (Open Meeting Law). For a definitive discussion of the interrelationship of all of these but the last, see Opinion of the Attorney General, May 18, 1977 .
7.Mass. Rules of the Board of Bar Overseers , Subsection F, §5.25.
8.Richmond Newspapers v. Virginia , supra note 1, at 2825.