HARVARD UNIVERSITY
John F. Kennedy School of Government
aka
Lobbying: Making or Breaking Policy
Lobbying: The 4th Branch of Government
Lobbying: How 12,000 People Spend $3.3 Billion
Lobbying: Right to Petition v. Prohibition on Buying Legislation
DPI-351M SYLLABUS
January 2018
Daily 9:00-6:00 Monday January 8, 2018 – Friday January 12, 2018
Instructor:
Mark Fagan, T-379, 617-947-2586,
Version: 7/28/17
Course Objectives and Overview
Lobbying is often called the 4th branch of government since this multi-billion dollar industry significantly impacts policy making. This intensive course provides the opportunity to understand the fundamentals of lobbying while learning first-hand about the lobbying efforts of advocacy groups covering energy, the environment and social welfare issues. Plan for a full day!
We have a speaker at lunch (12:00-1:00) each day to share first-hand practitioner experinces. There will be ample time for questions and discussion. You are welcome to eat during the session.
Mornings (9:00-11:30) will be devoted to discussing lobbying basics – history and current size/scale/scope, value proposition, strategies and toolkit, regulations, players, scandals, etc. – through acedemic and practioner readings. The understanding of lobbying will be enhanced through lunchtime speakers – lobbyists, legislators, and acedemics.
The afternoons (1:00-6:00) will be spent learning about the advocacy efforts of local organizations and role playing lobbying meetings on their behalf. The lobbying sessions will be conducted with former legislators to add realism to the experience. As part of that process the students will (1) determine who to target and the message to deliver; (2) hold the session; and (3) provide follow-up materials. The simulations will be videotaped and debriefed.
As a culminating exercise, the students will develop a business plan for a lobbying firm and develop a sales pitch for a target client. The advocacy issue is natual gas extraction using hydraulic fracturing.
At the end of the course the students will have a working knowledge of lobbying practices from the perspective of the “lobbyer” and “lobbyee” as well as gained experience in developing a simulated lobbying deliverable.
Course Outline
The major topics covered in this course are:
· History of Lobbying and the Lobbying Industry
We begin with a look at the right to petition from King Solomon to President Obama.
We continue with the value proposition offered by the lobbyists and the return on investment they have provided. Next we will explore the industry’s size, scale and major players, both lobbyers and lobbyees. Finally, we will look at key industry trends.
· Psychology and Lobbying Strategies
How does the lobbyist influence decision-making? What is the role of psychology in
establishing lobbying strategies? This section provides an overview of why and how
lobbying is effective and where it may fail. We will explore analysis of lobbying’s
effectiveness and look to find guidelines to enhancing the “bang for the lobbying buck.”
We will also explore the implications of lobbying in the Internet age.
· Regulation, Enforcement and Ethics
Lobbying is a study in tension between the First Amendment right to petition the government and prohibitions against buying legislation. In this area we will look at the evolution of lobbying regulation. We will also cover the ethical boundaries that guide lobbyists and the seemingly endless examples of where the norms are violated. We will grapple with establishing bright line tests where the subject is inherently gray. Most importantly we will cover the “dos and don’ts” of lobbying.
· Lobbying Across the Globe
Lobbying, often referred to as advocacy in other countries, is present around the globe. However, the impact of lobbying and the rules of the game vary widely. In this final section we will explore lobbying across borders and within select countries/regions (e.g. EU, China, Japan)
· Future of Lobbying
We conclude the course with a discussion of how the sector is likely to evolve and its
implications for policy making.
Audience
The course will serve legislative and agency staffers, politicians, aspiring lobbyists, NGO leaders and anyone in the policy analysis space.
Pedagogy
The course is taught through a blend of class discussions and simulations. The daily routine will be learning theory and tools in the morning and applying the concepts to client advocacy objectives in the afternoon. The morning instruction will come via lectures and class discussions. Most days a lunchtime speaker will bring the practitioners perspectives to the class. The afternoons are for learning about how local environmental/energy organizations advocate and honing students lobbying skills through simulations.
Professionalism
Lobbying is a profession. Success is predicated in part on your professionalism. We will practice what we preach. You are expected to abide by the University policies on academic honesty and integrity. Violations of these policies will not be tolerated and are subject to severe sanctions up to and including expulsion from the university. You need to be at every class, on time. Also, while we will periodically use digital technology in during class, as a general rule, the classroom sessions will be laptop/phone/tablet free.
Requirements and Grading
Final Paper – 50%
At the end of the course you will write a 2,500-word paper reflecting on a particular aspect of lobbying that you find interesting, surprising or especially challenging. The paper is based on research, class experience, and your own insights.
Lobbying Simulations – 25%
Each student will participate in a lobbying simulation on behalf of your client. The simulations will be evaluated by the lobbyee, instructor and your classmates.
Class Participation – 25%
The participation grade is a function of contributions to class discussion, asking questions of our guest speakers (a bonus for the first question), and feedback to your peers on lobbying simulations. Prompt attendance is also a component of your participation grade. More that 1 late arrival will result in a significant reduction in your grade.
I will assign grades according to the following HKS-recommended distribution:
A: 10-15 percent
A- 20-25 percent
B+ 30- 40 percent
B 20-25 percent
B- or below 5-10 percent
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Class Schedule (PRELIMINARY, sUBJECT TO CHANGE)
Pre-Read: The Art of Lobbying by Bertram Levine (CQ Press) – it is a quick read that provides greatcontext for your client work.
1. Monday January 8, 2018
History of Lobbying and the Lobbying Industry
Discussion Topics:
1. Definition of lobbying
2. Genesis and evolution of right to petition
3. Rationale for and concerns about lobbying
4. Size and scale of the lobbying industry
5. Issue coverage
6. Industry segmentation and key firms/players
7. Growth trends, rationale and return of investment
Required Readings:
· Lobbying: Business, Law and Public Policy, Mark Fagan, Vandeplas Publishing, 2015, Chapter 1.
· Lobbying: Business, Law and Public Policy, Mark Fagan, Vandeplas Publishing, 2015, Chapter 2.
· “Lobbying as Legislative Subsidy”, Hall, Richard and Alan Deardorff, The American Political Science Review, Vol. 100, No. 1 (Feb., 2006), pp. 69-84. http://www.jstor.org.ezp-prod1.hul.harvard.edu/stable/27644332
· “Lobbyists”, Chapters 1 and 2, Byrd, Robert, U.S. Senate, updated 1989. http://www.senate.gov/legislative/common/briefing/Byrd_History_Lobbying.htm
· “Drawing Lobbyists to Washington: Government Activity and the Demand for Advocacy”, Leech et al, Political Research Quarterly, Vol. 58, No. 1 (Mar., 2005), pp. 19-30. http://www.jstor.org.ezp-prod1.hul.harvard.edu/stable/3595592
· “Interest Niches and Policy Bandwagons: Patterns of Interest Group Involvement in National Politics”, Baumgartner, Frank and Beth Leech, The Journal of Politics
Vol. 63, No. 4 (Nov., 2001), pp. 1191-1213. http://www.jstor.org.ezp-prod1.hul.harvard.edu/stable/2691812
*****************Afternoon: Meeting with client *******************
2. Tuesday January 9, 2018
Lobbying Psychology, Strategies, and Success
Discussion Topics:
1. Psychology of lobbying
2. Range of strategies and selection criteria
3. Effectiveness of lobbying
Required Readings:
· Lobbying: Business, Law and Public Policy, Mark Fagan, Vandeplas Publishing, 2015, Chapters 5 and 6.
· “Does Money Buy Power?”, Interest Group Resources and Policy Outcomes, Leech et al, Midwest Political Science Association, 2007. http://www.unc.edu/~fbaum/papers/MPSA_2007_Does_Money_Buy_Power.pdf
· “A Lobbying Approach to Evaluating the Sarbanes-Oxley Act of 2002”, Hochberg et al., Journal of Accounting Research, Vol. 47 No. 2 May 2009. (Optional) http://www.kellogg.northwestern.edu/faculty/vissing/htm/jar_journal.pdf
· “Washington: The Real No-Spin Zone”, Berry, Jeffrey and Baumgartner et al, 2007. http://lobby.la.psu.edu/_documentation/APSA_2007_no-spin-zone.pdf
· “Tax-Exempt Organizations and the Internet, Part 2”, Segal, Amy, The Practical Tax Lawyer, Spring 2000. http://www.capdale.com/tax-exempt-organizations-and-the-internet-part-2 (Optional)
· “Choosing Battlegrounds: Interest Group Lobbying Across Multiple Venues”, Holyoke, Thomas, Political Research Quarterly, Vol. 56, No. 3 (Sep., 2003), pp. 325-336. http://www.jstor.org.ezp-prod1.hul.harvard.edu/stable/3219792
*****************Afternoon: Preparation and meeting with client *******************
3. Wednesday January 10, 2018
Regulation, Enforcement and Ethics
Discussion Topics:
1. History and rationale for regulation
2. Evolution of regulations
3. Current “dos” and “don’ts”
4. Perpetual scandals
5. Enforcement agencies and their effectiveness
6. Industry self-regulation
Required Readings:
· Lobbying: Business, Law and Public Policy, Mark Fagan, Vandeplas Publishing, 2015, Chapter 3.
· Lobbying: Business, Law and Public Policy, Mark Fagan, Vandeplas Publishing, 2015, Chapter 4.
· History of the Lobbying Disclosure Act, Public Citizen, LobbyingInfo.org, 7/26/05. http://www.cleanupwashington.org/lobbying/page.cfm?pageid=38
· Honest Leadership and Open Government Act of 2007. http://www.gpo.gov/fdsys/pkg/PLAW-110publ81/content-detail.html (Optional)
*****************Morning: Lobbying simulation*******************
*****************Afternoon: Lobbying simulation*******************
Movie Night: Promised Land (I will bring the snacks)
4. Thursday January 11, 2018
Lobbying Across the Globe
Discussion Topics:
1. How do foreign interests lobby in the US?
2. Whose interest is served?
3. What restrictions exist? What restrictions should exist?
1. Are you concerned?
2. What is the role of lobbying in other countries?
3. What is the impact of culture on lobbying?
4. What insight does lobbying in other countries offer for the US?
Required Readings:
· Lobbying: Business, Law and Public Policy, Mark Fagan, Vandeplas Publishing, 2015, Chapters 7 and 10.
· Registration Statement Pursuant to the Foreign Agents Registration Act of 1938, as amended, U.S. Department of Justice, FORM NSD-1. http://www.fara.gov/forms/2011/OMB_1124_0001.pdf (Optional)
· Lobbying Rules: Foreign Agents Registration Act, Public Citizen. http://www.citizen.org/documents/FARA.pdf
· “International Influence: Agents of Foreign Clients Report Thousands of Lobbying Contacts, Millions in Fees”, Narayanswamy, Anupama, Sunlight Foundations, December 2, 2010. http://reporting.sunlightfoundation.com/2010/top-players-2009/
· “Special Report: How Lobbyists Rewrite Europe’s Laws”, O’Donnell, John, Reuters Canada, March 18, 2011. http://ca.reuters.com/article/topNews/idCATRE72H21K20110318 (Optional)
· “ALTER-EU Demands Ethic and Transparency Reforms in the Wake of the Cash-for-Influence Scandal”, The Alliance for Lobbying Transparency and Ethics Regulation, April 11, 2011. http://www.alter-eu.org/documents/2011/04/11/alter-eu-demands-ethics-and-transparency-reforms (Optional)
*****************Afternoon: Writing an Op-ed *******************
**********Afternoon: Write op-ed and feedback for client ************
******Evening: Establish lobbying firm and develop fracking pitch ******
5. Friday January 12, 2018
Nonprofit Lobbying and The Future of Lobbying
Discussion Topics:
1. Unique aspects of nonprofit lobbying
2. Actions to increase the voice of nonprofits
3. Demand and supply for lobbying services
4. Evolving requirements
5. Accompanying regulatory environment
6. Outlook for ethical behavior
7. Fracking: Pitching to a potential client
Readings:
· Lobbying: Business, Law and Public Policy, Mark Fagan, Vandeplas Publishing, 2015, Chapter 9.
· Lobbying: Business, Law and Public Policy, Mark Fagan, Vandeplas Publishing, 2015, Chapter 11.
**************Morning: Fracking simulations*****************
**************Afternoon: Fracking simulations*****************
Final Papers Due, January 197h at 5pm
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