m-ttl, I appreciate your response. From what you have mentioned, a few thoughts come to my mind. You mentioned that under FERPA one may do the following:
This statement appears to be contingent upon 1) enrollment at a postsecondary institution and 2) the institution's discretion in keeping or discarding our documents. Permission from a professor, despite having waived our right to access, does not appear to be an ample exception to the rule. I am not sure, however, whether our rejection from an institution would allow us to view our past recommendations. Does anyone know?
When we waive our right to view the recommendation, it appears to me that we are entering an agreement between 1) the institution to which we are applying, 2) ourselves, and 3) our recommender(s). As we have already promised the department that we have given up our right to view the recommendation, I do not see how an offering from a recommender to us provides an honest exemption to an agreement that involves all three parties.
If we give up our permission to view the recommendation, its future handling is the responsibility of the other two parties jointly. Regardless of whether we come to an agreement with our professors, its disclosure impacts the institution toward which we've extended a promise of non-disclosure. If our recommenders share their recommendations with us, institutions would then be working under a misinformed assumption that we have not seen our LORs.
Here's an excerpt from the current application form to Law School at U Michigan:
(Page 8: http://www.law.umich.edu/prospectivestudents/graduate/Documents/gradapp%20FA%2012.pdf)
Once we waive our rights, the disclosure of the recommendation is the business of Parties 1 and 3 (the institution and our recommender, jointly). Even so, if our recommenders wish to reveal their writing to us, this decision affects Party 1 (the institution) without its consent. This gives the case for transparency throughout the process, specifically between our recommending professors and departments receiving our applications. At minimum, viewing a recommendation after communicating to a institution that you will not view it goes against the spirit of the agreement. Thoughts?
(Edited for formatting)