ABA Passes Resolution to Strengthen Lobbying Laws, Including Improved Disclosure and Limits on Lobbyist Fundraising

…The ABA resolution, as revised and adopted, is here. The Resolution stemmed from a report of a Task Force on lobbying set up by the Administrative Law and Regulatory Practice section of the ABA. [Disclosure: I served on this task force.] Kudos to those on the task force who worked very hard to see this happen!…

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Supercommittee > Superlobbyists > Supercompromise?

The National Journal, Politico, and Huffpost have stories on the lobbying that’s expected to arise from the debt deal. The health care and defense industries are likely to be especially active, given the reductions in defense spending and Medicare provider payments that will take effect in 2013 if the supercommittee can’t come to an agreement (or if Congress doesn’t approve it). Even for those who tend to worry about the influence of big-money lo…

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“Constitutionalizing Judicial Ethics: Judicial Elections after Republican Party of Minnesota v. White, Caperton, and Citizens United”

…nsas Law Review). Here is the abstract: Recent times have witnessed strong lobbying efforts to move states away from electing judges to appointing them. Opponents of judicial elections repeatedly argue that the general public does not want judges who are bought by contributors. Of course, voters do not want those judges, yet the electorate repeatedly rejects efforts to move away from an elected judiciary. When voters do choose judges, the conventi…

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Supreme Court Developments: No McComish, Major Petition Clause Case Decided, Cert. Denied in ACORN Case

…tinct analysis; and if that is so, the rules and principles that define the two rights might differin emphasis and formulation. I’m especially interested in this because the question of the Petition Clause’s scope is relevant to constitutional limitations on lobbying laws. Borough of Duryea suggests that lobbying laws may be subject to both Speech and Petition objections. It will be interesting to see how the jurisprudence in this area develops gi…

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“Lobbyists-for-Hire Are Losing Market Share”

…Roll Call offers this interesting report, which begins: “Over the past decade, many corporations, unions and other groups spent more money on in-house teams of lobbyists, shifting away from hiring outside firms to do their advocacy. As a result, K Street firms’ share of total lobbying spending has fallen from nearly 60 percent at the end of 2005 to just more than 42 percent last quarter, according to a CQ MoneyLine study of lobbying reports.”…

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“The conservatives’ case for campaign finance reform”

…Ezra Klein asks the question (though he doesn’t even try for a serious answer, which is that many conservatives are deeply skeptical of government regulation generally, and especially of government regulation of political activity). I’d note, however, that Senator Rand Paul has proposed pretty radical campaign finance regulation and lobbying regulation, as I detail at the beginning of my lobbying paper….

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Gerken: Leveling Up: A Public Finance Analog for Lobbying

…ssons learned from campaign finance reform to shed light on the problem of lobbying reform. Bruce Cain, for instance, has already done that in a piece forthcoming in Race, Reform, and the Regulation of the Electoral Process (forthcoming from Cambridge University Press). There he argues that what he calls the “usual move” in lobbying reform — giving the lobbyists who represent monied interests less voice — is not as promising a solution as figuring…

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Should Justice Thomas Recuse in the Health Case Cases Because of His Wife’s Lobbying Activity?

That’s the suggestion of some House Democrats. It follows the suggestion of Republican Senator Hatch that Justice Kagan sit out the health care case. And I expect some Republican will call for Justice Ginsburg to recuse on the Virginia attempt to fast-track review of the health care law because of her out of court statements on the propriety of that route of review. I’m skeptical that in any of these cases these Justices’ impartiality could reaso…

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Gerken: Why Lobbying as the New Campaign Finance Reform

…fits naturally with these efforts. Indeed, just as beige is the new black, lobbying may be the new campaign finance. Lobbying has been neglected by most people who write in the field (including me). I believe that Richard Briffault is the only election law professor to have written in depth about the many connections between the two (though others, like Sam Issacharoff and Rick Hasen, have recently moved in this direction). The rest of us, however…

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“Is it Whom You Know or What You Know? An Empirical Assessment of the Lobbying Process”

…inform our understanding of the relative importance of these two views of lobbying. We exploit multiple sources of data covering the period 1999 to 2008, including: federal lobbying registration from the Senate Office of Public Records, Federal Election Commission reports, committee and subcommittee assignments for the 106th to 110th Congresses, and background information on individual lobbyists. A pure issue expertise view of lobbying does not f…

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“Anonymity and Democratic Citizenship”

…ons, petition signing, political speech and debate, communication with and lobbying of officials, and so forth. But is it desirable for citizens to perform such tasks anonymously? Anonymity frees people from social pressures associated with observation and identifiability, but does this freedom produce behavior that is democratically beneficial? What, in short, is the effect of anonymity on the behavior of democratic citizens, and how should we ev…

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Rahm Emanuel Files Appeal with Illinois Supreme Court

…You can read the 24-page document here. See also this Chicago Tribune report, this report on ballot printing and the possibility of a write-in campaign, and this legal analysis from NBC’s Pete Williams. My Slate column on yesterday’s 2-1 decision is here. I’m not sure how quickly the Illinois Supreme Court will move. But today I’m giving a workshop at USC, presenting my Lobbying paper. So I may not be up on any breaking news….

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Revised Version of My New Lobbying Paper Now Available

…I have posted a revised version of Lobbying, Rent Seeking, and the Constitution, which responds to some constructive comments I received from readers and workshop participants. It clarifies the “national economic welfare” rationale to support some lobbying regulations (and potentially some campaign finance regulations as well) against possible First Amendment challenges….

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Eisen Exits as Ethics Czar, Moves to Position as Ambassador to Czech Republic

…ill continue. Norm has led the Administration’s initiatives to disclosure, lobbying, campaign finance reform, and ethics. While I do not agree with every step he has taken (I am critical of some of the lobbying measures, for example), there is no question that he made great improvements as the ethics point person, and that his relationship with the President has insured that these issues received a great deal of attention from the Administration….

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“Charities and Lobbying: Institutional Rights in the Wake of Citizens United”

…clude that while Citizens United by itself does not undermine the limit on lobbying by charities, the decision does reinforce the constitutional requirement that the government allow charities to easily form a non-tax favored alternative for engaging in unlimited lobbying. Some post-Citizens United proposals for regulating speech-related activity may in fact run afoul of this requirement. More importantly, the intersection of Citizens United and t…

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“ABA Task Force Report Recommends Changes to Federal Lobbying Laws”

…nistrative Law and Regulatory Practice, is recommending changes to federal lobbying laws that would broaden disclosure required by those involved in lobbying campaigns, address fundraising participation by lobbyists and strengthen enforcement of current law. The report, “Lobbying Law in the Spotlight: Challenges and Proposed Improvements,” represents the position of the task force, but does not reflect the views of the Section, the American Bar As…

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“Senators: Cut a Check for Fighter Engine (Or Else)”

…tion to the material covered on this blog? Near the end of my new draft on lobbying, I discuss the lobbying surrounding this issue, particularly the use of “revolving door” lobbyists and lobbyist bundlers on both sides of this fight—whether to fund an alternative engine that the President and Secretary of Defense have repeatedly said they don’t want, but that members of Congress have insisted upon continuing to fund. See also this WSJ editorial. I…

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“Lobbying, Rent Seeking, and the Constitution”

…yists. Part I of this Article provides an overview of the current state of lobbying regulation and lobbying jurisprudence. Part II proposes a new anti-rent-seeking rationale for lobbying regulation. It begins by describing the political science literature on how lobbying works, as well as current statistics on the extent of lobbying on the federal level and the costs of lobbyist-driven rent-seeking on the national economy. Some of the new and prop…

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“Firms’ lobbying push comes amid rancor on TSA use of airport full-body scanners”

…Another Dan Eggen must-read: “About eight of every 10 registered lobbyists who work for scanner-technology companies previously held positions in the government or Congress, most commonly in the homeland security, aviation or intelligence fields, a Washington Post review of lobbying-disclosure forms and other data shows”…

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