Legislation Class Notes 2/11/04


More on lobbying


We finished last time by identifying the types of lobbying under the 1995 Act.  This includes oral, written, or electronic information and covers officials.  This is huge!  Lobbying registration is up!


Just what kind of information must a lobbyist disclose?  Do they have to register a lot of information?  There’s some stuff.


What’s the difference between § 5(b)(3) and § 5(b)(4)?  For 20,000-25,000 registrants every six months, this is a lot of information.  The law attempts to make the information user-friendly.


One useful piece of information that it would be helpful to know is who was lobbied by whom.  Does the registrant have to disclose that?  What does the registrant have to disclose?


What is true about these kinds of contacts?  Will privacy be offended?  Will privacy be compromised?


There will not be strict liability.  It’s not the fines that really influence the lobbyists, but rather the possibility of public shaming.


There was a pressure point, and then they gave in on it.


What have we learned about these forms, other than that they’re long?  Don’t learn the details of the forms.


What’s the range of money being spent by the entities during the period?  $100,000 or so to $5.2 million!  That’s a lot of money!  Wow!  Wow!  That range is pretty steady.


We are moving to something else!




Should a statute be narrowly or broadly construed?


Do statutes build on each other?  Does Congress reason from one statute to another statute?


The court can overrule precedent.  We still read Palsgraf.  Did Judge Cardozo discover the unforeseeable consequences rule?  Is the law found?  If you believe that, it would legitimize common law.


Think about whether there is some validity to Blackstone’s distinction.  What makes common law principled or discoverable if not the doctrine itself?


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