LAW5 660 - Government Ethics: Conflicts of Interest, Lobbying and Campaign Finance

There is increasing concern in Congress and state legislatures about the rules governing conflicts of interest, lobbying and campaign finance. Particularly at the state level, where legislators generally are part-time, conflicts of interest often are hard to avoid, and the appropriate remedy is not always clear. Should the remedy for a potential conflict be disqualification from participation in the consideration of a measure, or merely a requirement to disclose the conflict, leaving it to the electorate to decide at the ballot box whether a person has engaged in inappropriate conflicts? Should the rules cover appearances of conflicts, or be limited to actual conflicts? Lobbying presents equally difficult issues. Particularly at the state level, where individual legislator’s staffs and committee staffs are quite small, lobbyists often play an essential role in the legislative debate on issues. Yet lobbyists can abuse their access to legislators. What is the appropriate balance and how should it be achieved? Finally, what restrictions have legislatures and courts placed on the financing of campaigns, and what reforms are necessary? These issues are of great importance to the fabric of our society. It is becoming increasingly difficult for clients to conduct business with government officials and agencies without a reasonably sophisticated grasp of the rules governing conflicts of interest, lobbying and campaign finance.

Credits: 3