Volume 19, Issue 1: The Law of Lobbying

Articles

Private Ethics, Public Conduct: An Essay on Ethical Lobbying, Campaign Contributions, Reciprocity, and the Public Good

This Article explores the role of reciprocity as it applies to relationships between lobbyists and elected officials. The Article begins with recognizing the importance of lobbying in our democratic system and its constitutionally protected status. It then discusses why lobbying is more than a private activity carried out on behalf of private interests and is inevitably and unavoidably imbued with public implications. Read more about Private Ethics, Public Conduct: An Essay on Ethical Lobbying, Campaign Contributions, Reciprocity, and the Public Good

  • January 2008
  • 19 Stan.L.& Pol'y Rev. 10
  • Article

Lobbying Is an Honorable Profession: The Right to Petition and the Competition to Be Right

This Article explores the widely-held misconceptions concerning public policy advocacy and encourages a more accurate and sophisticated understanding of lobbying as an honorable, worthwhile, and necessary endeavor. Public policy advocacy is inextricably woven into the fabric of our constitutional system because it plays a vital role in promoting effective representative government. Read more about Lobbying Is an Honorable Profession: The Right to Petition and the Competition to Be Right

  • January 2008
  • 19 Stan.L.& Pol'y Rev. 23
  • Article

Anonymity and Its Dubious Relevance to the Constitutionality of Lobbying Disclosure Legislation

This Article examines whether the asserted constitutional interest in anonymity exists in the lobbying context. It describes the contours of existing federal lobbying disclosure legislation and provides an overview of one of the most commonly referenced theories of the relationship of the First Amendment to self-government (that of Alexander Meiklejohn), which suggests the general distinction proposed in the Article between lobbyists’ speech and that directed to the public. Read more about Anonymity and Its Dubious Relevance to the Constitutionality of Lobbying Disclosure Legislation

  • January 2008
  • 19 Stan.L.& Pol'y Rev. 69
  • Article

Lobbying and Campaign Finance: Separate and Together

This Article is a first effort at proving the relationship between lobbying and campaign finance. Part I provides a brief overview of the commonalities, differences, and interactions of campaign finance and lobbying. Part II compares the techniques that mark the regulation of these two modes of political expenditures and contends that these differences reflect distinct goals. Transparency ought to play a bigger role in the regulation of lobbying than in that of campaign finance. Read more about Lobbying and Campaign Finance: Separate and Together

  • January 2008
  • 19 Stan.L.& Pol'y Rev. 105
  • Article

Wisconsin Right to Life and the Resurrection of Furgatch

Over the past thirty years, much debate has occurred among lawyers and scholars regarding the dividing line between “express advocacy” and “issue advocacy.” This Article examines the history of “express advocacy” standards generally and the Furgatch “express advocacy” standard in particular—from the Buckley decision to the Furgatch decision, to the FEC’s Furgatch-like regulatory definition of “express advocacy,” to the rejection of this standard by many courts, the abandonment of the standard by the FEC, to the FEC’s resurrection of the standard in 2006, to Chie Read more about Wisconsin Right to Life and the Resurrection of Furgatch

  • January 2008
  • 19 Stan.L.& Pol'y Rev. 130
  • Article

Weeding Them out by the Roots: The Unconstitutionality of Regulation Grassroots Issue Advocacy

This Article focuses on issue advocacy making a distinction between “grassroots” issue advocacy and professional lobbying. Part I of the Article provides a brief historical overview of the right to petition the government for a redress of grievances. Read more about Weeding Them out by the Roots: The Unconstitutionality of Regulation Grassroots Issue Advocacy

  • January 2008
  • 19 Stan.L.& Pol'y Rev. 164
  • Article