Law Commons^™

Running For Political Office: These Dentists Did . . . How About You? Insights From Two Dentist-Legislators, W. Erick Rupprecht Dds, Lynn Aronoff

The Journal of the Michigan Dental Association

The Michigan Dental Association encourages members to seek political office. Why? Having a member dentist hold an elected office improves the profession's visibility and builds relationships with other elected officials and community leaders who can support dentistry's goals. A dentist-legislator becomes a resource with their legislative colleagues when they debate health policy, regulations, and business initiatives. Having member dentists on the inside provides receptive ears when the Association advocates for the profession's needs and priorities.

To give insight into what public service by a dentist looks like, the Journal interviewed two colleagues who have made that commitment, State Representative Steven …

Industry Groups In International Governance: A Framework For Reform, Melinda (M.J.) Durkee

Scholarship@WashULaw

The Sustainable Development Goals and the UN Guiding Principles on Business and Human Rights encourage engaging with businesses as partners in important global governance agendas. Indeed, many international organizations are now partnering with business groups to secure funding and private sector engagement. At the same time, reforms at the World Health Organization, Food and Agriculture Organization and others seek to restrain the dangers of mission distortion and capture by business groups. Shareholders at major multinational oil and gas companies also recognize these dangers and seek to rein in lobbying that is at odds with the goals of the Paris Climate …

The Curious Case Of Will Brooke, Adam Muro

Capstones

William Wade Brooke, an Alabama businessman with ties to state and national Republican Party politics and scandal, was for over one year a registered foreign agent working for the office of Saad Hariri, Prime Minister of Lebanon. He was the only registered lobbyist for Hariri while he was active, and stranger yet he stated on his Foreign Agent Registration Act forms that he was working for free. An investigation into his background and ties to Lebanon revealed that he lobbied for free in recognition of favors that Hariri did, and continues to do, for a christian missionary group Brooke is …

Regulatory Entrepreneurship, Elizabeth Pollman, Jordan M. Barry

All Faculty Scholarship

This Article examines what we term “regulatory entrepreneurship” — pursuing a line of business in which changing the law is a significant part of the business plan. Regulatory entrepreneurship is not new, but it has become increasingly salient in recent years as companies from Airbnb to Tesla, and from DraftKings to Uber, have become agents of legal change. We document the tactics that companies have employed, including operating in legal gray areas, growing “too big to ban,” and mobilizing users for political support. Further, we theorize the business and law-related factors that foster regulatory entrepreneurship. Well-funded, scalable, and highly connected …

Options For An Indigenous Economic Water Fund (Iewf), First Peoples' Water Engagement Council

Indigenous Water Justice Symposium (June 6)

Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council

15 pages

Contains footnotes

"OPTIONS PAPER for the First Peoples' Water Engagement Council (FPWEC)"

"DATED 20 APRIL 2012"

Abstract: This paper highlights the options for a path forward to establish an Indigenous Economic Water Fund (IEWF) through acquisition of water entitlements¹ by indigenous people in systems where the consumptive pool is fully allocated. The water allocation that comes from indigenous holdings in the consumptive pool is an important mechanism for enabling Indigenous communities to achieve economic development and as such is a legitimate strategy for ‘Closing the Gap’. …

Lobbying And The Petition Clause, Maggie Blackhawk

All Faculty Scholarship

Contrary to popular opinion, the Supreme Court has not yet resolved whether lobbying is constitutionally protected. Belying this fact, courts, Congress, and scholars mistakenly assume that lobbying is protected under the Petition Clause. Because scholars have shared the mistaken assumption that the Petition Clause protects the practice of “lobbying”, no research to date has looked closely at the Petition Clause doctrine and the history of petitioning in relation to lobbying. In a recent opinion addressing petitioning in another context, the Supreme Court unearthed the long history behind the right to petition and argued for the importance of this history for …

After Citizens United: Extending The Liberal Revolution To The Multinational Corporation, Daniel J.H. Greenwood

Daniel J.H. Greenwood

This Article proposes several routes to reverse Citizens United, the Supreme Court case holding that corporate campaign spending is “speech” protected by the First Amendment.

The core problem of Citizens United is that corporations are illegitimate participants in our politics. Corporate law requires corporate officers to pursue the corporate interest. They are thus disqualified from considering the central political questions of a democratic capitalist country: defining the rules of the market (which define corporate interests) and balancing profit against other, more important, values.

The high road to fixing Citizens United is a constitutional amendment to extend the fundamental insights …

Person, State Or Not: The Place Of Business Corporations In Our Constitutional Order, Daniel J.H. Greenwood

Daniel J.H. Greenwood

Business corporations are critical institutions in our democratic republican market-based economic order. The United States Constitution, however, is completely silent as to their status in our system. The Supreme Court has filled this silence by repeatedly granting corporations rights against the citizenry and its elected representatives.

Instead, we ought to view business corporations, like municipal corporations, as governance structures created by We the People to promote our general Welfare. On this social contract view, corporations should have the constitutional rights specified in the text: none. Instead, we should be debating which rights of citizens against governmental agencies should also apply …

Advancing The Empirical Research On Lobbying, John M. De Figueiredo, Brian Kelleher Richter

Faculty Scholarship

This essay identifies the empirical facts about lobbying which are generally agreed upon in the literature. It then discusses challenges to empirical research in lobbying and provides examples of empirical methods that can be employed to overcome these challenges—with an emphasis on statistical measurement, identification, and casual inference. The essay then discusses the advantages, disadvantages, and effective use of the main types of data available for research in lobbying. It closes by discussing a number of open questions for researchers in the field and avenues for future work to advance the empirical research in lobbying.

Charities In Politics: A Reappraisal, Brian Galle

William & Mary Law Review

Federal law significantly limits the political activities of charities, but no one really knows why. In the wake of Citizens United, the absence of any strong normative grounding for the limits may leave the rules vulnerable to constitutional challenge. This Article steps into that breach, offering a set of policy reasons to separate politics from charity. I also sketch ways in which my more precise exposition of the rationale for the limits helps guide interpretation of the complex legal rules implementing them.

Any defense of the political limits begins with significant challenges because of a long tradition of scholarly criticism …

The Carbon Frame: Condensed Version, Kyle Herman

Dr. Kyle S. Herman

Danish Wind Energy Innovation, Kyle S. Herman

Dr. Kyle S. Herman

This article compares the exceptional Danish wind energy innovation system with the system employed by the US government. The underlying assumption about innovation systems in the US is that they are technologically driven, and past technological advances can be built upon leading to break-through innovations. However in Denmark, innovation was driven from citizens and relied on no break-through technologies, but rather a piecemeal process of collective, smaller innovations. For wind energy, this process was far more successful than the technologically driven innovation system in the US.

Litigation, Legislation, And Democracy In A Post-Newspaper America, Ronnell Anderson Jones

Washington and Lee Law Review

No abstract provided.

The Maine Women's Advocate (2010 - Winter), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Slides: Introduction To Constructive Engagement In The Oil And Gas Industry, Susan T. Wildau, Christopher W. Moore

Best Practices for Community and Environmental Protection (October 14)

Presenters: Susan T. Wildau and Christopher W. Moore, CDR Associates (Collaborative Decision Resources), Boulder, CO

22 slides

The Maine Women's Advocate (2009 - Winter), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

The Maine Women's Advocate (2009 - Summer), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

The Maine Women's Advocate (2008 - Summer), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

The Maine Women's Advocate (2007 - Fall), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

The Maine Women's Advocate (2007 - Winter), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

The Maine Women's Advocate (2007 - Summer), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Privatization And The Law And Economics Of Political Advocacy, Alexander Volokh

ExpressO

A common argument against privatization is that private providers, motivated by self-interest, will advocate changes in substantive policy. In this Article, I evaluate this argument, using, as a case study, the argument against prison privatization based on the possibility that the private prison industry will distort the criminal law by advocating incarceration.

This “political influence” argument applies at least as well to public provision: Government agencies, too, lobby for changes in substantive law. In the prison industry, for instance, it is unclear whether private firms advocate incarceration to any significant extent, but public guard unions are known to do so …

The Maine Women's Advocate (2006 - Fall), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

The Maine Women's Advocate (2006 - Summer), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

The Maine Women's Advocate (2006 - Winter), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

Nonlegal Careers For Lawyers, 5th Edition, William D. Henslee

Faculty Books and Book Contributions

Whether you are a law student who realizes that practicing law is not what you want to do or a practicing lawyer who no longer feels satisfied with your work, this newly revised guidebook will show you what you can do with your law degree, besides practice law, and will illustrate how to use your legal skills to rise above the competition. Learn in detail what opportunities exist in these fields:

-Business and Industry--jobs in corporations; accounting firms; media companies; health care and pharmaceutical companies; engineering firms; real estate sales; high-tech companies; and more. -Government and Public Service--positions in the …

The Timing, Intensity, And Composition Of Interest Group Lobbying: An Analysis Of Structural Policy Windows In The States, John M. De Figueiredo

Faculty Scholarship

This is the first paper to statistically examine the timing of interest group lobbying. It introduces a theoretical framework based on recurring “structural policy windows” and argues that these types of windows should have a large effect on the intensity and timing of interest group activity. Using a new database of all lobbying expenditures in the U.S. states ranging up to 25 years, the paper shows interest group lobbying increases substantially during one of these structural windows in particular--the budgeting process. Spikes in lobbying during budgeting are driven primarily by business groups. Moreover, even groups relatively unaffected by budgets lobby …

Lobbying And Information In Politics, John M. De Figueiredo

Faculty Scholarship

No abstract provided.

The Lobbyist No. 31 (Winter 2001), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.

The Lobbyist No. 28 (Winter 2000), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.