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Republic, Lost_ How Money Corrupts Congress--And a Plan to Stop It - Lawrence Lessig [161]

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79. Martin Schram, “Speaking Freely,” 94.

80. Kaiser, So Damn Much Money, 353.

81. See Bård Harstad and Jakob Svensson, “Bribes, Lobbying and Development,” American Political Science Review 46 (2011): 105.

82. Raquel M. Alexander, Stephen W. Mazza, and Susan Scholz, “Measuring Rates of Return on Lobbying Expenditures: An Empirical Case Study of Tax Breaks for Multinational Corporations,” Journal of Law and Policy 25 (2009): 401, 404.

83. Brian Kelleher Richter, Krislert Samphantharak, and Jeffrey F. Timmons, “Lobbying and Taxes,” American Journal of Political Science 53 (2009): 893, 907.

84. John M. de Figueiredo and Brian S. Silverman, “Academic Earmarks and the Returns to Lobbying,” Journal of Law and Economics 49 (2006): 597, 598.

85. Frank Yu and Xiaoyun Yu, “Corporate Lobbying and Fraud Detection,” Journal of Finance and Quantitative Analysis 46 (forthcoming 2011), available at link #97.

86. Matthew D. Hill, G. W. Kelly, G. Brandon Lockhart, and Robert A. Van Ness, “Determinants and Effects of Corporate Lobbying,” unpublished working paper (Sept. 3, 2010), 3–4, available at link #98.

87. Silverstein, Turkmeniscam, 74.

88. Hacker and Pierson, Winner-Take-All Politics, 118.

89. Huffington, Third World America, 129.

90. Radley Balko, “Washington’s Wealth Boom,” FOXNews.com (Jan. 12, 2009), available at link #99.

91. Robert Reich, “Everyday Corruption,” lecture given at the Edmond J. Safra Center for Ethics, April 5, 2010 (on file with author).

92. Kaiser, So Damn Much Money, 20.

93. American Bar Association, “Lobbying Law in the Spotlight: Challenges and Proposed Improvements,” Task Force on Federal Lobbying Laws Section of Administrative Law and Regulatory Practice (Jan. 3, 2011), vi, available at link #100.

94. Ibid., 20 (emphasis added). The ABA acknowledged that it drew on Susman, “Private Ethics, Public Conduct,” 10.

95. Painter, Getting the Government America Deserves, 202.

96. Clawson, Neustadtl, and Weller, Dollars and Votes, 64.

97. Brooks, Corruption in American Politics and Life, 228.

98. Daniel Hays Lowenstein, “On Campaign Finance Reform: The Root of All Evil Is Deeply Rooted,” Hofstra Law Review 18 (1989): 325.

99. Joseph Mornin, “Lobbyist Money: Analyzing Lobbyist Political Contributions and Disclosure Regimes” (June 25, 2011), available at link #101.

100. The FEC has likewise radically narrowed the range of contributions that must be reported, by requiring a specific record indicating a bundle was intended. See Kevin Bogardus, “Bundling Rule Doesn’t Capture All the Fund-raising by Lobbyists,” The Hill (2009), available at link #102.

101. Richard A. Posner, “Orwell Versus Huxley: Economics, Technology, Privacy, and Satire,” in Philosophy and Literature 24 (2000): 1, 3.

102. Clawson, Neustadtl, and Weller, Dollars and Votes, 84.

103. List of Current Members of the United States House of Representatives by Seniority, available at link #103.

104. Jeffrey Birnbaum, “Hill a Stepping Stone to K Street for Some,” Washington Post, July 27, 2005, available at link #104.

105. Justin Elliot and Zachary Roth, “Shadow Congress: More Than 170 Former Lawmakers Ply the Corridors of Power as Lobbyists,” TPMMuckraker (June 1, 2010), available at link #105.

106. See Public Citizen, “Ca$hing In: More Than 900 Ex-Government Officials, Including 70 Former Members of Congress, Have Lobbied for the Financial Services Sector in 2009” (2009), available at link #106.

107. Birnbaum, The Money Men, 190–91.

108. Silverstein, Turkmeniscam, 68.


Chapter 10. What So Damn Much Money Does

1. Tom Coburn, “Just Say No to Earmarks,” Wall Street Journal, Feb. 10, 2006.

2. Brad Smith on The Sound of Ideas, WCPN (March 29, 2011), 8:20, available at link #107.

3. The Federalist No. 10 (James Madison), ed. Henry Cabot Lodge (New York: G. P. Putnam’s Sons, 1888), 57 (“A republic, by which I mean a government in which the scheme of representation takes place”); The Federalist No. 14 (James Madison), 77 (“The true distinction between these forms was also

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