Conversely to the United States, lobbying consulting in France is a relatively recent activity and is perceived negatively by a majority of the population. Influencing public decision-making is certainly a sensitive occupation at both managerial and societal levels. This is why ethics applied to business can play a central role while establishing the practice of lobbying in France. This paper examines the issues and the practices of ethics in lobbying consulting. The field for this exploratory study is (...) a lobbying consultancy firm based in France. Our research is developed through a 3-month participant observation and complemented with secondary data on the lobbying profession in France. The results of this research are developed along two lines: The practice of ethics in lobbying consultancy firms reveals its limits as well as a framework worth developing. The players and the represented client topics are potential dangers for ethical lobbying firms. This intervention research has nevertheless allowed us to observe the emergence of an effective regulation approach: the ethics of exemplarity as potentially illustrated by a representative actor of the French lobbying consulting profession. The stakes of ethics are both internal and external to lobbying consulting professionals in France. Internally, ethics act as a structuring element enabling this profession to establish itself with practices and deontological codes; externally, it clarifies the relationship between lobbying consultants and their major stakeholders including customers, government, and the civil society. (shrink)

“Responsible lobbying” is an increasingly salient topic within business and management. We make a contribution to the literature on “responsible lobbying” in three ways. First, we provide novel definitions and, thereby, make a clear distinction between lobbying and corporate political activity. We then define responsible lobbying with respect to its content, process, organization, and environment, resulting in a typology of responsible lobbying, a conceptual model that informs the rest of the paper. Second, the paper provides (...) a thematic overview of the current literature underpinning lobbying and the responsible firm, and the underlying paradigms informing this literature. Third, the paper makes specific suggestions for a future research agenda, ending with a consideration of methodological implications of such research. (shrink)

Los lobbies de los “pseudoescépticos”, sus acciones y cómo neutralizar sus planes desde la Filosofía de Gustavo Bueno.

This article studies the lobbying strategies of national business associations against the background of increasing Europeanization. It addresses the question whether national associations have withered away during the process of European integration. On the basis of neo-functionalist integration theory and the multi-level governance perspective, a number of hypotheses are generated about the fate of national associations in the European integration process. An extensive empirica[ study of the EU financial services sector analyzes these hypotheses. The data show that European financial (...) integration has not caused the withering away of national business associations as predicted by neofunctionalist theory. The data not only confirm the MLG hypothesis that national associations develop direct lobbying strategies at different levels of the EU multi-level system in order to gain access to the European decision-making process. In addition, the results also confirm the hypothesis that national associations undertake indirect lobbying strategies with the aim of gaining institutional access. Finally, the degree to which national associations gain access to the European institutions is explained in terms of a theory of supply and demand for access goods. (shrink)

The paper focuses on demonstrating that, in spite of the controversies, lobbying has become an important political communication tool for churches and religious organizations in the United States and in the European Union as well. The American highly regulated lobbying system is compared to the lowly regulated system working at the level of European institutions. The following analysis highlights the differences that the two environments have generated in terms of the main issues and tools used by churches and (...) religious organizations in order to influence policy-making, mainly in the framework of the pluralist - corporatist dichotomy. While the American religious lobbying has been very efficient in influencing the public policy regarding issues like the health care reform, immigration, same-sex marriage, abortion etc., the most significant result of the European religious lobbying has been the recognition of religious communities as partners of dialogue for the European institutions. (shrink)

This article contends that the influence of Australian rock musician Lobby Loyde has been overlooked by Australia’s popular music scholarship. The research examines Loyde’s significance and influence through the neglected sphere of his work (1966–1980) with The Coloured Balls, The Purple Hearts, The Wild Cherries, The Aztecs, Southern Electric, Sudden Electric and Rose Tattoo, and his role as producer in the late-1970s until his death. First, it explores how he has been discussed by his musical peers and respected Australian rock (...) historians. Second, it details Loyde’s musical origins and work with early bands during the period in which he was first referred to as Australia’s first guitar hero. Third, it investigates the career and influence of The Coloured Balls, their relationship with the 1970s youth subculture known as the ‘sharpies’, and the media-fuelled moral panic which surrounded both the band and the sharpies. Fourth, it assesses Loyde’s work as a producer in the 1980s, and late-in-life recognition by the Australian music industry. In doing so, the article shows the nature and importance of Loyde’s contribution to Australia’s popular music industry and discusses why he is only known to a strong but small fraction of the Australian public. (shrink)

The main argument of this paper is that the legal regulation of lobbying is an important factor for disciplining/curbing the undue (illicit) influence of different interest groups on the political-making process, especially in countries with post-communist and nonconsolidated democracies such as Albania. In three decades of political and economic transition from a one-party communist system to a democratic one and towards a market economy, the democratization of Albania has faced various problems, which have often led to a loss of (...) public confidence in the political class and apathy of citizens towards the political system. In many cases, this has come as a result of the perception or even the disclosure by the media and the public of corruption scandals, political clientelism, or undue influences in the decision-making processes in Albania. Surely, it can be said that political scandals of trading or exercising illicit influences on public officials can affect, as numerous cases have shown, every democratic political system in the world. However, they are more likely to occur in new democracies (post-communist) countries that face weak state structures and a legal environment that is not yet well consolidated and where a culture of informality exists alongside written rules and laws. For this purpose, that of disciplining and controlling the influences that specific interests exert on the decision-making process of governments, legislatures, or other regulatory agencies, a good part of European countries have considered undertaking legal regulatory initiatives for lobbying activity in their environments. (shrink)

It was, as noted, published in the London Review of Books, which is far more open to discussion on these issues than US journals -- a matter of relevance to the alleged influence of what M-W call "the Lobby." An article in the Jewish journal Forward quotes M as saying that the article was commissioned by a US journal, but rejected, and that "the pro-Israel lobby is so powerful that he and co-author Stephen Walt would never have been able to (...) place their report in a American-based scientific publication." But despite the fact that it appeared in England, the M-W article aroused the anticipated hysterical reaction from the usual supporters of state violence here, from the Wall St Journal to Alan Dershowitz, sometimes in ways that would instantly expose the authors to ridicule if they were not lining up with power. (shrink)

While there may be several practical concerns regarding the practice of corporate lobbying of government officials, there is the more basic question of a corporation’s moral right to do so. I argue that group agents such as corporations have no moral rights, and thereby cannot have the right to lobby. There may be a basis for some legal rights for corporations, but I argue that lobbying cannot be one of the legal rights, even by reference to the rights (...) of the individuals that make up the corporation. I end the paper by a discussion of how this argument applies to all private organizations, including public interest organizations. (shrink)

This paper presents an ethical approach to the use of lobbying within the context of the relationships among U.S. organizations, their lobbyists, and government officials. After providing a brief history of modern-day lobbying activities, lobbying is defined and described focusing on its role as a strategic marketing tool. Then ethical frameworks for understanding the impact of these practices on various external constituencies are delineated with an emphasis on the communitarian movement advanced by Etzioni. Consistent with the call (...) for "informed advocacy" by Laczniak (1993), the paper closes with an examination of the ethics of specific lobbying activities. (shrink)

Rather than being inherently evil, business lobbying is a socially responsible activity which needs to be restrained by ethical standards. To be effective in a business environment, traditional ethical standards need to be translated into language which business persons can speak comfortably. Economical explanations must also be available to explain why ethical standards are appropriate in business. Eight such standards and their validating arguments are proposed with examples showing their use. Internal dialogues regarding the ethics of lobbying objectives (...) and tactics will plausibly occur only in businesses which recognize social responsibility mandates. Public interest stakeholders could hasten this recognition by making use of information made available by the Lobbying Disclosure Act of 1995 to institute external dialogues regarding lobbying by specific businesses and industry groups. Given practical ethical standards and the information on business lobbying provided by the law, the press, corporate activists, consumers, pension fund managers and the public can apply pressure for ethical lobbying practices. (shrink)

Is protection for sale? In this research, we examine the effect of corporate lobbying on the disbursement of proceeds of the recent antidumping petitions under the Continued Dumping and Subsidy Offset Act, the so-called Byrd amendment. With the use of novel U. S. Customs Service data on the disbursements of the antidumping duties to the injured firms, we find that the petitioning firms that spend more on lobbying gain larger proceeds. We conclude that firms that lobby are the (...) ones that get protection, not necessarily the healthy ones. (shrink)

This article examines representations of Mermaids, a charity that supports trans young people and their families, in the British press. Using corpus-assisted critical discourse analysis, we identify and chart patterns in reporting between Mermaids’ inception as a charity in 2015, and 2022, a turbulent year for both the charity and trans people in the UK more generally. The findings show that, in the early years, there is relatively little attention to Mermaids in the press. Where they are mentioned, the charity (...) is represented as a useful source of advice and support, and their service users as happy and united. However, 2018 represents a turning point, with increasingly negative and misleading portrayals of Mermaids coinciding with a rise in public interest and funding. By 2019, media interest in the charity has surged and the impression of Mermaids as a support group for families is supplanted by the image of a powerful, dangerous and controversial organisation. We argue that the increasingly excessive, negative and polarised reporting around Mermaids is a strategy for indirectly delegitimising and attacking the lives of trans young people themselves. In a burgeoning culture war, Mermaids is used as a weapon against the very people they seek to support. (shrink)

Rather than being inherently evil, business lobbying is a socially responsible activity which needs to be restrained by ethical standards. To be effective in a business environment, traditional ethical standards need to be translated into language which business persons can speak comfortably. Economical explanations must also be available to explain why ethical standards are appropriate in business. Eight such standards and their validating arguments are proposed with examples showing their use. Internal dialogues regarding the ethics of lobbying objectives (...) and tactics will plausibly occur only in businesses which recognize social responsibility mandates. Public interest stakeholders could hasten this recognition by making use of information made available by the Lobbying Disclosure Act of 1995 to institute external dialogues regarding lobbying by specific businesses and industry groups. Given practical ethical standards and the information on business lobbying provided by the law, the press, corporate activists, consumers, pension fund managers and the public can apply pressure for ethical lobbying practices. (shrink)

AbstractMultinationals’ aggressive tax lobbying that involves free-riding behaviour and results in disproportional benefits to the disadvantage of other taxpayers, is problematic for several reasons. Such lobbying undermines the legitimacy of tax legislation and has a negative impact on trust in the tax system. Based on Immanuel Kant’s ethical theory, this article first suggests a new normative basis for a moral duty that requires multinationals and their leaders to be transparent about their political activities and tax lobbying. Next, (...) it introduces a new concept of transparency in respect of tax lobbying. ‘Deliberative transparency’ requires multinationals and their leaders not only to be open about their reasons for tax lobbying, but also to deliberate with stakeholders and, maybe even more importantly, to provide evidence supporting their lobbying positions. Finally, based on these new understandings, additional government interventions against aggressive tax lobbying are suggested, for example mandatory stakeholder consultation, reporting on stakeholder attitudes and perception, and evidence-based lobbying requirements. (shrink)

This article responds to the new and major work on Lobby Loyde by Paul Oldham. It focuses on the middle period of Loyde’s career, from the Chicago-period Billy Thorpe and the Aztecs through to Lobby’s work with Sharpie band (was it?) Coloured Balls, and connects and compares Lobby’s trajectory to that of the post-Lobby Aztecs, as expressed in Sunbury, the 1972 parallel Australian event to Woodstock. Who led these processes, the bands or the crowds? If the crowd claimed a band, (...) what happened to musical autonomy in this process? This was a moment when mass audience response became tribal, and opened the possibility that musicians were no longer in charge of their art. Trying to escape from the wiles of the music industry, these musicians instead seem to have become captive to their audiences. (shrink)

This study evaluates the ethical criteria lobbyists consider in their professional activities using Ruth Edgett's model for ethically desirable public relations advocacy. Data were collected from self-administered surveys of 222 registered lobbyists in Oregon. A factor analysis reduced 18 ethical criteria to seven underlying factors describing lobbyists' ethical approaches to their work. Results indicate that lobbyists consider the following factors in their day-to-day professional activities: situation, strategy, argument, procedure, nature of lobbying, priority, and accuracy. This framework, derived from Edgett's (...) 10 criteria, illustrates the importance of context while incorporating ideas from recognized ethical theories. (shrink)

The phenomenon of lobbying is considered as a mechanism for representing group interests, a system and practice of realizing the social interests of various groups, unions and associations of citizens, as well as business groups and corporations, which act through purposeful influence on the legislative power and state administrative structures. The informational and communicative essence of lobbying is revealed, and informational lobbying is singled out as a specific type of lobbying activity in the conditions of a (...) post-industrial society. Information lobbying is defined as a method of information support for the activities of certain interest groups, structures operating in the sphere of decision-making by state authorities and local governments, and a special way of forming and supporting communications, which has specific features, principles and norms of information exchange and reproduction of political contacts, communication channels and other components. It is proven that the communicative nature of information lobbying allows its subjects to organize political discourse. In general, it is appropriate to define information lobbying as a form of marketing communications, which is a specific result of the development of political markets in the conditions of developed representative democracy, when the owners of large public resources begin to play a special political role. Like any type of marketing communications, information lobbying is focused on establishing two-way relations and forming feedback between the communicator and the recipient. A special direction of information lobbying is international lobbying activity, which is interpreted as the interaction of legal entities or individuals with state power structures and management institutions that are formed at the global level, in order to influence the development and decision-making by them in their own interests or in the interests of specific clients. (shrink)

This article explores the relationship between neoconservative values and neoliberalism in American jurisprudence through a critique of the US Supreme Court’s Hobby Lobby decision. The article uncovers how the Court imposes market-oriented logic on religious expression and in the process spiritualizes economic activity. In this way neoliberal rationality is intertwined with neoconservative values. For example, exercising religion through corporatization can be understood as a neoconservative moderation of the corrupting influence of excessive neoliberal individualism. Finally, while the decision furthers employer control (...) of workers’ reproduction, the Court’s proposed workaround—a direct government contraceptives program—would undermine that control and points to another, more emancipatory response to the problems of neoliberalism. (shrink)

Members of licensed occupations benefit from legal standards that limit entry into their professions. Is it ethical for these professionals to give political support to these standards? I examined the case of real estate brokers and found that their educational requirements raise average commissions by one quarter of a percentage point, costing consumers $5.4 billion per year without improving the quality of brokerage services. The case raises interesting ethical issues which are difficult to resolve.

BackgroundThe US Food and Drug Administration (FDA) regulates goods accounting for 20% of US consumers’ total expenditure. The agency’s potential susceptibility to corporate lobbying and political influence may adversely affect the its abilities to fulfill its duties as a vital federal agency. This study assesses whether the FDA’s product recall classifications in recall scenarios are influenced by firms’ lobbying activities.MethodsThe universe of all FDA recalls between 2012 and 2019 is obtained from the FDA’s website. Firm names are matched (...) to federal-level lobbying data obtained from the Center for Responsive Politics – a non-profit and nonpartisan organization that tracks lobbying expenditures and campaign contributions. Analyses are conducted using ordinary-least-squares regressions, in which the dependent variable is recall classification and independent variables are three different measures of firms’ lobbying activities in the one year prior to the recall.ResultsFirms that engage in lobbying appear more likely to receive favourable classifications from the FDA. When examining the above results by product type, we find that classification of food recalls seems to be subject to lobbying influence, but the same does not appear to be true for drug and device recalls. Evidence is consistent with the conjecture that the distinction between medical and food firms may be a result of medical firms targeting lobbying efforts at FDA approvals, rather than recalls.ConclusionsBetween 2012 and 2019, the FDA’s product recall classifications seem to be significantly influenced by firms’ lobbying activities. Lobbying firms appear to have received more favorable (i.e., less severe) recall classifications compared to non-lobbying firms. (shrink)

Given corporate lobbying’s double-edged nature, previous research has been interested in what motivates firms to engage in lobbying. In this study, we build on previous works to analyze how two types of aspiration, historical aspiration, which represents the level of performance firms aim to achieve given past self-performance, and social aspiration, which represents the level of performance firms aim to achieve given competitors’ achievements, shape corporate lobbying decisions. Our premise is that when a firm’s product market performance (...) is below historical aspirations, then the firm is motivated to engage in lobbying because the benefits of lobbying outweigh the potential costs. However, when a firm’s product market performance is below social aspirations, then decision-makers perceive that the potential challenges of lobbying outweigh the benefits and decide not to engage in lobbying. By examining automotive firms in the U.S. light vehicle market from 1998 to 2013, we find significant empirical support for our general premise. Using Tobit regression analysis, we find that automotive firms present diverging motivations for lobbying depending on whether they attend to historical or social aspirations for sales performance. (shrink)

The amount of European level organized interest groups has dramatically increased since the Single European Act came into force in 1987. In 1995 approximately 3000 lobby-groups, employing 10.000 lobbyists, are based in Brussels. This has resulted in a complex arrangement of European interest intermediation and caused important constraints on decision making procedures and institutional actors. The first part of this article offers a discription and evaluation of this proliferation and diversification of European interest groups. It alsosuggests a classification of all (...) European interest groups including professional lobbyists and actors that defend their interests by themselves. The second part gives a discription of the way in which both European Parliament and Commission have dealt with this proliferation and assesses the differences in approachbetween both institutions. (shrink)

Responding to calls for more substantive studies into ethical and responsible lobbying, we analyze data collected over a 5-year period in Brussels to explore how individual lobbyists understand the ethical dimensions of their work. Mobilizing insights from the sociology of the professions, we expose an emerging lobbying professionalism and unpack practitioners’ understandings of what being a professional lobbyist entails, focusing in particular on their espoused values of transparency and honesty. While expectations to lobby more transparently and honestly stem (...) from political institutions, we find individual lobbyists—acting as conduits—attempt to disseminate these expectations by setting limits that incite their clients to embrace what policymakers consider professional lobbying practice. Our study contributes to corporate political activity (CPA) scholarship by providing a professions-based understanding of ethical and responsible approaches to lobbying. We provide new insights into contextual and individual-level factors behind the emergence of such approaches, and elucidate implications of lobbying professionalism for business and European Union (EU) governance. (shrink)

Purpose The purpose of this paper is to describe and explore the current state of internet regulation through content filters in Swedish public libraries. Design/methodology/approach Data was collected through an electronic survey directed to library managers of Sweden’s 290 main municipal libraries. 164 answers were returned, yielding a 57% response rate. The analysis comprises descriptive statistics for quantitative data and an activity theory approach with focus on contradictions for qualitative counterparts. Findings In total, 33% of the responding libraries report having (...) content filters; 50% have not; and a surprising 18% do not know. There is a strong correlation between internet misuse and positive attitudes towards filters, and, reversely, between lack of misuse and lack of active stances concerning filters. Rather than seeing this as weakness, the authors suggest that there is strength in a context-bound flexibility open to practical experience and weighting of values, ethics, legislation and local circumstances. More troublesome indications concern the high deferral of decision-making to local authorities (municipalities) whereby libraries are left with limited insight and influence. Research limitations/implications The situation calls for professional organisations to address political mandate questions, and educational programs to strengthen future information professionals’ knowledge of IT in general; filter issues in specific; and local authority decision-making. The study highlights the need of adequate information professional competences and mandates to decide on and oversee internet regulation. Originality/value To the best of the authors’ knowledge, this is the first internationally published study on content filters in Swedish public libraries. (shrink)

The way a company engages with the political process is directly relevant to its ”character,” yet lobbying and corporate social responsibility are often seen as separate. Taking a narrative approach, the author examines the automotive industry’s processes around lobbying, in the light of legislation to restrict emissions of CO 2 from cars in the European Union. The author uses the data generated through interviews to generate a narrative model of political engagement, and to start to apply Basu and (...) Palazzo’s process model of CSR. This article shows competing narratives within the industry, which range from broadly cooperative toward regulatory activity, to broadly instrumental. The author argues that lobbying needs to be included in the scope of corporate citizenship theorizing and discusses changes to corporate character. (shrink)

Drawing on service climate theory and insights from the literature on self-service technologies and customer participation, this study investigates the antecedents of customers’ continuance intentions toward in-lobby self-service technologies (SSTs). Using data collected from 257 actual customers in the context of retail banks, this experimental study examines the proposed relationship between customer perceived service climate, customer readiness factors (i.e., perceived ability, role clarity, and perceived benefit), customer satisfaction and customer continuance intention toward in-lobby self-service technologies. The results show that customers’ (...) perceived service climate positively influences customers’ continuance intentions toward in-lobby SSTs. Moreover, two customer readiness factors (i.e., perceived ability, perceived benefit) and customer satisfaction mediate this relationship. The findings demonstrate the importance of customers’ perceived service climate in driving their continuance intention and provide managerial implications for service firms employing in-lobby self-service technologies. (shrink)

Observers generally assume that firms which engage in lobbying know what they want. Business—government relations and especially the corporate political activities of network operators during the basic telecommunication negotiations of the World Trade Organization present a slightly different picture. European monopoly providers benefited from the old international regime and initially ignored trade discussions in their sector. In the course of negotiations, however, they became part of a three-level game, which obliged them to consider national, European, and multilateral objectives simultaneously. (...) In the course of these complex negotiations, their preferences evolved. Because governments advanced independently on the liberalization project, companies adapted their policy stances from reluctance to support for the negotiations. This article thus cautions against treatments of lobbying that consider preferences as exogenously given. (shrink)

Each year, infection with Human Papillomavirus (HPV) leads to millions of abnormal Pap smears and thousands of cases of cervical cancer in the US. Throughout the developing world, where Pap smears are less common, HPV is a leading cause of cancer death among women. So when the international pharmaceutical giant Merck developed a vaccine that could prevent infection with several key strains of HPV, the public health community was anxious to celebrate a major advance. But then marketing and lobbying (...) got in the way. Merck chose to pursue an aggressive lobbying campaign, trying to make its new vaccine mandatory for young girls. The campaign stoked public mistrust about how vaccines come to be mandated, and now it's not just Merck's public image that has taken a hit. The public health community has also been affected. What is the lesson to be learned from this story? Public health communication relies on public trust. (shrink)

This article examines the role of the Spanish Atomic Forum as the representative of the nuclear sector in the public arena during the golden years of the nuclear power industry from the 1960s to 1970s. It focuses on the public image concerns of the Spanish nuclear lobby and the subsequent information campaigns launched during the late 1970s to counteract demonstrations by the growing and heterogeneous anti-nuclear movement. The role of advocacy of nuclear energy by the Atomic Forum was similar to (...) that in other countries, but the situation in Spain had some distinguishing features. Anti-nuclear protest in Spain peaked in 1978 paralleling the debates of a new National Energy Plan in Congress, whose first draft had envisaged a massive nuclearization of the country. We show how the approval of the Plan in July 1979, with a significant reduction in the nuclear energy component, was influenced by the anti-nuclear protest movements in Spain. Despite the efforts of the Spanish Atomic Forum to counter its message, the anti-nuclear movement was strengthened by reactions to the Three Mile Island accident in March 1979. (shrink)

The idea that it is acceptable to ‘nudge’ people to opt for the ‘healthy choice’ is gaining currency in health care policy circles. This article investigates whether researchers evaluating Abdominal Aortic Aneurysm Screening Programmes (AAASP) attempt to influence decision makers in ways that are similar to popular ‘nudging’ techniques. Comparing two papers on the health economics of AAASP both published in the BMJ within the last 3 years, it is shown that the values chosen for the health economics modelling are (...) not representative of the literature and consistently favour the conclusions of the articles. It is argued (1) that this and other features of these articles may be justified within a Libertarian Paternalist framework as ‘nudging’ like ways of influencing decision makers, but also (2) that these ways of influencing decision makers raise significant ethical issues in the context of democratic decision making. (shrink)

The history of John Dewey’s leadership of the progressive People’s Lobby. John Dewey (1859–1952) was a preeminent American philosopher who is remembered today as the founder of what is called child-centered or progressive education. In The Philosopher-Lobbyist, Mordecai Lee tells the largely forgotten story of Dewey’s effort to influence public opinion and promote democratic citizenship. Based on Dewey’s 1927 book The Public and Its Problems, the People’s Lobby was a trailblazing nonprofit agency, an early forerunner of the now common public (...) interest lobbying group. It used multiple forms of mass communication, grassroots organizing, and lobbying to counteract the many special interest groups and lobbies that seemed to be dominating policymaking in Congress and in the White House. During the 1930s, Dewey and the People’s Lobby criticized the New Deal as too conservative and championed a social democratic alternative, including a more progressive tax system, government ownership of natural monopolies, and state operation of the railroad system. While its impact on historical developments was small, the story of the People’s Lobby is an important reminder of a historical road not traveled and a policy agenda that was not adopted, but could have been. (shrink)

La reciente ley sobre el lobby en Chile es el resultado de un proceso de varios años durante los cuales se ha discutido el tema sin mucha profundidad, y casi con exclusiva referencia a la experiencia norteamericana. Ahora surge la necesidad que los cientistas sociales empiecen a investigar esta área, y en especial cómo aplicar este instrumento en la actividad política de Chile, aunque se utiliza desde hace décadas sin siquiera identificarlo. El libro de Rodríguez es una buena introducción al (...) .. (shrink)

Intense competition can compel lobbyists to exaggerate the benefits the government would see in tax returns and social welfare if agency officials allocate such resources to the lobbyist's members. This incentive to misrepresent grows when information asymmetry exists between lobbyists and government officials. A large body of literature has investigated how interest groups compete and interact, but it disregards the interdependency of interests between competing groups and associated strategic behaviors of other players. Our signaling model of lobbying reveals ways (...) in which agency officials can compel lobbyists for competing interests to lobby truthfully and what the policy implications of this compulsion can be. We also present case-study evidence of how this works in practice. (shrink)

In June 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that there is a fundamental right to marriage that extends to same-sex couples. This Article analyzes the Obergefell decision in light of the Court’s 2014 decision in Burwell v. Hobby Lobby regarding religious protections that might by analogy be afforded under state Religious Freedom Restoration Acts. In particular, the article considers whether a government official may claim the right to religious freedom to deny issuing marriage (...) licenses to same-sex couples. Additionally, the article suggests that a new standard for the separation of church and state may be required. Although the 2015 decision prevents the government from denying marriage to same-sex couples, the decision does not directly affect private businesses that choose not to provide services for same-sex weddings. It may, however, have an important indirect effect if laws are already present that prohibit sexual orientation discrimination. Therefore, the article explores possible avenues for protection from private. (shrink)

The Supreme Court’s construction of the Religious Freedom Restoration Act of 1993 (RFRA) in Hobby Lobby created a great fear among various civil rights groups, especially in the LGBT community, over what the Court might do next regarding rights of same-sex and transgender couples seeking legal protections in employment, housing, and public accommodations. Indeed, if Justice Alito’s majority position is taken for all that its logic implies, then, as Justice Ginsburg’s dissent warns, there is indeed much for the civil rights (...) community to be concerned about. However, as I show in this article, there are good reasons for not treating the Hobby Lobby case as broadly as the majority opinion’s logic might indicate. Hopefully, courts will be inclined to follow this direction. First, Justice Kennedy’s concurring opinion suggests that he joined the majority while also holding a much narrower understanding of the reasoning behind that opinion: namely, that because HHS had established an alternative means for meeting the needs of nonprofit employees where the employer had a religious objection, there was little reason in light of the importance of religious liberty not to extend that same alternative to closely held for-profit organizations. Second, a narrower interpretation of the Court’s opinion seems to better fit with RFRA’s legislative history, notwithstanding the majority’s concern that RLUIPA was passed to imply a broadened expansion of RFRA’s religious protections. It is equally possible and more consistent with RFRA’s adoption that, as the dissent notes, RLUIPA was meant to clarify “that courts should not question the centrality of a particular religious exercise.” Third, a narrow interpretation is more in keeping with the Court’s recognition of health care and equality as compelling concerns of many federal and state laws, alongside the protection of religious freedom. Finally, a narrow reading better resolves the conflict of rights lying in the background between the human right of freedom of conscience and the human right to well-being. It resolves this conflict by ensuring that no one suffers objective harm from either the denial of preventative health care or loss of civil rights protections when a compelling state interest is present, or the harm to conscience is less than substantial. (shrink)

Even after several decades of human drug development, there remains an absence of published, substantial, comprehensive data to validate the use of animals in preclinical drug testing, and to point to their pr...