Chapter 1 ; Government Ethics Rules That Don't Work When We Need Them, Rules We Have That We Do Not Need, And Rules We Need But Don't Have At All ; Gifts and Travel ; Financial Disclosure ; Financial Conflicts of Interest ; Insider Trading ; Covered Relationships and the Impartiality Rule ; The Revolving Door ; Odd Ball Ethics Rules the Executive Branch does not need but Congress thinks it does ; Congress's Rules for Itself - Stringency or Hypocrisy? ; The Rules ; The Honest Leadership and Open Government Act ; Can there be better rules? ; Chapter 2 ; Implementation and Enforcement of Government Ethics Rules - How Big are the Gaps in the System? ; Sex, Drugs, and Rock and Roll - and Matters of Money and Revolving Doors - in Clearing the President's Nominees ; Ethics Training, Monitoring and Enforcement at the Agency Level ; The Office of Government Ethics - An Overworked and Underappreciated Agency ; Inspectors General. Does the White House need one? ; Special Government Employees ; Outsourcing Government Functions - but not Ethics - to Private Contractors ; Chapter3 ; Bagmen in Black Tie or Professional Intermediaries - The Growth of Lobbying and Prospects for Reform ; A Short History ; The Influence of Lobbyists ; K-Street Society on the banks of the Potomac ; Use and Abuse of K Street's Power ; Why the disclosure regime is inadequate and why we need substantive regulation of lobbyists ; Chapter 4 ; Off the Books Lobbying, Electioneering and the Special Purpose Entities that Do It ; Think tanks ; Public Policy Groups ; Legal Policy Groups ; Single Issue Advocacy Groups ; Foreign Governments, Their Friends and Enemies ; Foreign Policy Advocacy Organizations ; Religious Advocacy Groups ; Trade and Industry Associations ; 501c(4) Organizations and 527s ; The Overall Impact of Washington's Special Purpose Entities ; Chapter 5 ; The Official White House Office of Political Affairs, the Unofficial Office of Political Affairs, and Personal Capacity Political Activity by Government Officials ; Chapter 6 ; Building a Bridge to Somewhere - A Perspective on the Cost of Earmarks from the Banks of the Mississippi ; Chapter 7 ; Campaign Finance - The Elephant and Donkey in the Room ; Chapter 8 ; Beyond Ethics and Back - What is Wrong with Government Decision Making? ; Ethics Officials' Scope of Authority is too Narrow ; Government Lawyering is sometimes Excessively Political and Insufficiently Objective ; No Matter how Many Times they Make the Same Mistake, Government Officials Still Succumb to the Psychology of the Cover-up ; Afterword ; Index
Richard Painter is the S. Walter Richey Professor 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).
"Government ethics is an area of the law that is not written about
by legal academics and lawyers as much as it should be; it
influences everything from how billions of dollars of taxpayer
money are spent, to who gets top political appointments and whether
this country is at war or at peace. Richard Painter offers concrete
ideas for distancing government officials from lobbyists, campaign
fundraisers, trade associations and other special interests
that
can easily drown out the voices of ordinary Americans. His
experience includes being the chief White House ethics officer
during one of the most challenging times in our recent history. His
book has an
intriguing set of proposals to address issues that are critical for
our country's future. He addresses root causes of corruption in
today's government while recognizing that many people in public
life want to serve the public rather than special interests."
-Walter Mondale,
42nd Vice President of the United States
"Getting the Government America Deserves offers a comprehensive
analysis and overview of ethics in government in early twenty-first
century America. Melding practical experience at the highest levels
and the knowledge and perspective gained from years of researching
and teaching in the area, Painter provides a thoughtful perspective
on crucial questions of accountability, transparency, and integrity
in government. This is an original and important
contribution that should be of interest to policymakers, attorneys,
scholars, teachers, and anyone else who is concerned with how
society should regulate the conduct of high-level government
officials."
-Geoffrey P. Miller,
New York University School of Law
"Everyone is in favor of ethics, and particularly ethics in
government. But once we move from the abstract to the concrete,
agreement fades. Professor Richard Painter is in a unique position
to contribute to the debate. He is a law professor, the author of
several articles, and a book on legal ethics. He was instrumental
in persuading Congress to require any lawyer who represents a
corporation to report known fraud up the ladder to senior
management, and if
that does not work, to the client's board of directors. And, he was
former ethics counsel for President George W. Bush. His new book,
Getting the Government America Deserves, gives us an inside look
at
how President Bush dealt with issues of government ethics and what
President Obama can learn from that experience. This is the book
that every well-informed citizen should read. Professor Painter
offers substantial concrete proposals to clean up corruption in
Washington." l-Ronald D. Rotunda,
Chapman University School of Law
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