Getting the Government America Deserves How Ethics Reform Can Make a Difference

by Painter, Richard W

• ISBN13: 9780195378719
• ISBN10: 0195378717
• Format: Hardcover
• Copyright: 2009-02-24
• Publisher: Oxford University Press

Summary

In order to be effective, federal ethics law must address sources of systematic corruption rather than simply address motives that individual government employees might have to betray the public trust (such as personal financial holdings or family relationships). Getting the Government America Deserves articulates a general approach to combating systemic corruption as well as some specific proposals for doing so. Federal ethics law is relatively unknown in legal academia and elsewhere outside of Washington, D.C., but it is binding on over one million federal employees. Lobbyists, federal contractors, lawyers and others who interact with the federal government are also deeply interested in federal ethics law and represent a surprisingly large market for a little-studied area of the law. Getting the Government America Deserves analyzes government ethics law from the perspective of an academic critic and that of a lawyer who was the chief White House ethics lawyer for two and a half years. Richard Painter argues that the existing ethics regime is in need of substantial reform since federal ethics laws fail to curtail conduct that undermines the integrity of government, such as political activity by federal employees and their interaction with lobbyists and interest groups. He also contends that in some other areas, such as personal financial conflicts of interest, there is too much complexity in regulatory and reporting requirements, and rules need to be simplified. Painter's solution includes strengthening the enforcement of ethics rules, reforming the lobbying industry, and changing a system of campaign finance that impedes meaningful government ethics reform.

Author Biography

Richard Painter is the S. Walter Richey Professorship in Corporate Law at the University of Minnesota School of Law. From February 2005 to July 2007, he was Associate Counsel to the President in the White House Counsel's office, serving as the chief ethics lawyer for the President, White House employees and senior nominees to Senate-confirmed positions in the Executive Branch. Professor Painter is the author of the casebook, Securities Litigation and Enforcement (with Margaret Sachs and Donna Nagy; West, Second Edition 2007) and another casebook, Professional and Personal Responsibilities of the Lawyer (with Judge John T. Noonan, Jr.; Foundation 1997; Second Edition 2001).

Table of Contents

Acknowledgments	p. ix
Introduction	p. xi
The Fiduciary Principle in Private and Public Law	p. 1
The Executive Branch: Ethics Rules That Work When We Need Them, Rules That Don't Work, Rules That We Do Not Need, and Rules We Need but Don't Have	p. 15
Implementation and Enforcement of Ethics Rules in the Executive Branch: How Big Are the Gaps in the System?	p. 69
Outsourcing Executive Branch Functions and Its Ethical Consequences	p. 99
When Lawyers Work for the Government	p. 121
Legislative Branch Ethics Reform: More Stringency or More Hypocrisy?	p. 143
When Ethics Law and Other Law Intersect: Insider Trading, Taxes, and Financial Conflicts of Interest	p. 163
Bagmen in Black Tie or Professional Intermediaries: The Growth of Lobbying and Prospects for Reform	p. 181
Off-the-Books Lobbying, Electioneering, and the Special Purpose Entities That Do It	p. 207
The Official White House Office of Political Affairs, the Unofficial Office of Political Affairs, and Personal Capacity Political Activity by Government Officials	p. 245
Campaign Finance: The Elephant and Donkey in the Room	p. 255
Epilogue: Observations from a Short Stay in Washington	p. 271
Index	p. 293
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