Safra Working Papers

"Access and Lobbying: Looking Beyond the Corruption Paradigm," by Dorie Apollonio, Bruce E. Cain, and Lee Drutman, Hastings Constitutional Law Quarterly 36:1 (2008) (attached; see below), has some very valuable things to say about local government lobbying, even though it focuses on federal government lobbying.

The authors note that, despite the greater focus of academics and good government groups on campaign finance regulation, more money is spent by companies on lobbying than on campaigns, a sign that they feel it is a more valuable form of influence.

UC at Irvine Law School professor Richard Hasen's essay, "Lobbying, Rent-Seeking, and the Constitution," 64 Stanford Law Review 191 (2011), is a good complement to the Teachout essay I recently wrote about.

There is a great deal of thought-provoking material in Chip and Dan Heath's book Switch: How to Change Things When Change Is Hard (Crown, 2010). Change has proved hard in every single city and county in the United States. Those seeking government ethics reform can learn a lot from this book.

In their book Switch: How to Change Things When Change Is Hard (Crown, 2010), Chip and Dan Heath focus on three general ways to shape the path toward change:  tweak the environment, build habits, and rally the herd.

A Destination for Government Ethics Training
Most cities and counties treat ethics training as a one-off phenomenon. Toss a hundred people in a room, give them a lecture about how to be good, and that's it for at least a year or two. One of the case studies in Chip and Dan Heath's book Switch: How to Change Things When Change Is Hard (Crown, 2010) offers a different vision of ethics training.

Simplifying Self-Supervision
In their book Switch: How to Change Things When Change Is Hard (Crown, 2010), Chip and Dan Heath note that self-control or, more accurately, self-supervision is an exhaustible resource. What looks like laziness or selfishness is often simply exhaustion. Self-supervision gets burned up by managing the impression we make on others, by coping with fears, and by trying to focus on complex instructions.

The draft of Fordham Law professor Zephyr Teachout's new essay, "The Forgotten Law of Lobbying," which will appear in Election Law Journal, looks at the history of how American courts have viewed lobbying. This history provides a valuable perspective on lobbying, making it more clear what it is about lobbyists that attracts bad feelings.

Update: May 27, 2011 (see below)

Last week, I wrote about a temporary restraining order (TRO) placed on the publication of a Wisconsin bill that was allegedly passed in violation of the state's open meetings law. However, the court placing the TRO took four legislative leaders off the complaint on grounds of legislative immunity. Only the secretary of state, who is required to publish a bill in order for it to become law, was left as a defendant.