Winter Reading: Rick Hasen's "Lobbying, Rent-Seeking, and the Constitution"
UC at Irvine Law School professor Richard Hasen's essay, "<a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1734428" target="”_blank”">Lobbying,
Rent-Seeking, and the Constitution,</a>" 64 Stanford Law Review
A Miscellany
<b>Sometimes Withdrawal and Formal Processes Are Not Enough</b><br>
It never looks good when a high-level elected official gets a job
with the government while in office or soon after leaving office. It
looks like he got the job because of his influence and relationships
with those who made the decision.<br>
<br>
Allegations Based on Unenforceably Vague Standards
<a href="http://www.washingtonpost.com/local/dc-politics/top-city-judge-allegedl…; target="”_blank”">Mike
DeBonis's article in the Washington <i>Post</i></a> last week describes an operatic
ethics matter, with several twists and complications, with dramatic
Post-Employment Role Models
Government officials leaving office do not have to do just the
minimum necessary to help gain the public's trust. They can do a lot
more. And they can even make the rules they're following clear, so
that they suggest an alternative to others and provide guidance.<br>
<br>
What is needed are role models. Jesse Eisinger of ProPublica wrote
about two possible role models in his New York Times column on
Thursday. One is Sheila Bair, former head of the FDIC who, in order
Online Non-Required Disclosures in Chicago
They said it couldn't — or, at least, wouldn't — be done, but you
can see it for yourself, in living Internet color: <a href="http://www.cityofchicago.org/city/en/depts/ethics/provdrs/reg/svcs/vies…; target="”_blank”">non-required
disclosures made by Chicago officials and employees</a>.<br>
<br>
These are not annual disclosures, but mostly disclosures of gift
Human Rights Watch Report on the Effects of Probation Company Conflicts
Human Rights Watch has just published a harrowing report entitled "<a href="http://www.hrw.org/reports/2014/02/05/profiting-probation-0" target="”_blank”">Profiting
from Probation</a>," which shows how the privatization of
probation has led to conflicts of interest that have seriously
harmed many individuals, and how probation companies have not been sufficiently supervised
by the criminal justice system.<br>
<br>
Humor and Government Ethics
What role does humor play in a government ethics program? It looks like this
is the principal issue in a Broome County, NY ethics case. According
to <a href="http://www.pressconnects.com/article/20140205/NEWS01/302050028/Preston-…; target="”_blank”">an article put up yesterday afternoon on the Gannett Pressconnects website</a>, the chair of the opposing party's
Winter Reading: Zephyr Teachout's "The Forgotten Law of Lobbying"
The draft of Fordham Law professor Zephyr Teachout's new essay, "<a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2383317" target="”_blank”">The
Forgotten Law of Lobbying</a>," which will appear in <i>Election Law
Journal</i>, looks at the history of how American courts have viewed
lobbying. This history provides a valuable perspective on lobbying,
First vs. Second Amendment Controversy in Kansas
A dispute in Kansas raises the question: which takes
precedence, the First Amendment (free speech) or the Second
Amendment?<br>
<br>
On July 1, 2013, <a href="http://www.kslegislature.org/li/b2013_14/measures/documents/hb2162_enro…; target="”_blank”">a
Kansas state law</a> became effective that prohibited the use of
state funds to pay for promotion or lobbying on gun control
Gov. Christie Should Not Be Selecting the State Ethics Director (Now or Ever)
<b>Updates:</b> February 5 and April 16, 2014 (see below)<br><br>
<a href="http://blog.nj.com/njv_guest_blog/2014/01/chris_christies_pick_for_ethi…; target="”_blank”">Here
is a must-read <i>Star-Ledger</i> op-ed piece by Paula Franzese</a>, a professor at
Seton Hall Law School and former chair of the New Jersey Ethics
Commission (2006 to 2010). She provides a short history of the