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Lobbying for Change

Page 24

by Alberto Alemanno


  52.Annie McKee, ‘Empathy Is Key to a Great Meeting’, Harvard Business Review (March 23 2015).

  53.‘Denmark’s food taxes, A fat chance’, Economist, 12 November 2012

  54.Edward T. Walker, Grassroots for Hire, Public Affairs Consultants in American Democracy, Cambridge University Press (2014).

  55.Contrary to popular opinion, the Supreme Court has not yet resolved whether lobbying is constitutionally protected. Belying this fact, courts, Congress and scholars mistakenly assume that lobbying is protected under the Petition Clause. Because scholars have shared the mistaken assumption that the Petition Clause protects the practice of ‘lobbying’, no research to date has looked closely at the Petition Clause doctrine and the history of petitioning in relation to lobbying. In a recent opinion addressing petitioning in another context, the Supreme Court unearthed the long history behind the right to petition and argued for the importance of this history for future interpretation of the Petition Clause. See Maggie McKinley, ‘Lobbying and the Petition Clause’, Stanford Law Review, Vol. 68, 1131 (2016).

  56.Eastern Railroad Presidents Conference v Noerr Motor Freight Inc, 365 US 127 (1961).

  57.The register has grown at a rate of around 1,000 a year, to reach over 10,000 organisations today. It is estimated that the actual coverage of the register is 60–75 per cent of lobbying organisations active at EU level.

  Conclusions

  1.As recently argued, ‘economic trends are not acts of God’. Thomas Piketty, Capital in the Twenty-First Century, Harvard University Press (2014).

  2.‘Buying power’, Investigation by the New York Times, October 15, 2015.

  Resources for Citizen Lobbyists

  Here some resources no citizen lobbyist should do without.

  Online petition resources

  38 Degrees (38degrees.org.uk)

  Founded in the UK by a group of campaigners who were ‘determined to do something different’, 38 Degrees currently has 3 million members. As well as hosting petitions on its website, the group prides itself on holding MPs to account by actively pressuring them both in person and online.

  Avaaz (Avaaz.org)

  Avaaz is the largest activist site in the world, and takes its name from the Farsi word for ‘voice’. Operating in seventeen different languages, the platform counts over 41 million members who have signed at least one of its many petitions. Topics range from human rights abuses in Burma and FGM in Somalia, to war in Syria and African elephant poaching.

  Causes (causes.com)

  Best-known as a fundraising tool, this site provides some basic petition and pledging functions. Causes is integrated with Facebook and therefore easy for its users to pass on, which is a useful feature for those with active audiences there.

  Change (change.org)

  This popular and simple tool allows you to create a petition for free, but charges a fee for exporting or downloading the final list. It does have a sizeable, active community, which makes it an attractive option if you want more reach.

  Clicksign (clicksign.com)

  An online service that ensures petition signatures are authentic and safe. It also allows for monitoring of the signing processes and provides a secure vault to keep documents safe.

  Moveon (petitions.moveon.org)

  A US based website that aims to bring concerned citizens into contact with useful organisations and provide them with the tools to start their own grassroots campaign. Tools include online petitions and a network of over 8 million supporters, with a direct line to legislators.

  The Petition Site (thepetitionsite.com)

  One of the oldest online petition tools, this site run by Care2 offers free basic features which are similar to those available on Change.org, but charges fees to promote the petition or download names.

  Petition2Congress (petition2congress.com)

  A free US platform for citizens to post ideas and create petitions they can send directly to policy-makers on Capitol Hill.

  SignOn (signon.org)

  Recently developed by MoveOn.org, SignOn is still in the beta testing stage, but provides a simple, free petition tool that lets you download the list of names as a PDF file. This is useful when it comes to delivering the petition, but less so for a pledge.

  WeMove (wemove.eu)

  With nearly 500,000 members, WeMove is the new kid on the block. It aims to bridge the gap between European citizens and their representatives in Brussels by acting as a pan-European tool for linking together NGOs and online campaigning platforms.

  Advocacy non-governmental organisations

  The Action Network (www.actionnetwork.org)

  A fully integrated online platform for activists and citizens alike to organise petitions, protests, events and much more so that they can build an entire movement using just one system.

  Democracy 21 (democracy21.org)

  Democracy 21 and its education arm work to eliminate the undue influence of big money in American politics. The organisation promotes campaign finance reform and other related political reforms to accomplish these goals.

  GetUp! (getup.org.au)

  An Australian progressive online activist platform. Its mission is to work towards a thriving democracy in Australia, where everyday people can have an impact in democracy.

  ONE (one.org)

  ONE is a campaigning and advocacy organisation of nearly 8 million people around the world taking action to end extreme poverty and preventable disease, particularly in Africa.

  Rate Your Politician (thevoterssay.com)

  An integrated online platform for citizens in the United States of America, Canada, Australia, England, Scotland and Wales to track the voting patterns of legislators, vote on their performance and post information about issues that concern them.

  WITNESS (witness.org)

  WITNESS is a human rights non-profit organisation based out of Brooklyn, New York. Its mission is to partner with on-the-ground organisations to support the documentation of human rights violations and their consequences, in order to further public engagement, policy change and justice.

  Freedom of Information services

  AsktheEU (asktheeu.org)

  An online platform where citizens can request information directly from EU institutions.

  The FOIA Machine (foiamachine.org)

  The United States launched a new FOIA Hub, but the privately run FOIA Machine is still be more commonly used. Despite its initial ambition, the FOIA Machine does not yet allow you to file and track requests to governmental and public agencies worldwide.

  FYI.org.nz

  The FOI request service in New Zealand.

  Right to Know (RighttoKnow.org.au)

  An Australia based FOI request service.

  WhatDoTheyKnow (whatdotheyknow.com)

  A UK based FOI request service. Requests are made by users and published online for the public to see, thus making the need for multiple requests from different people unnecessary.

  Crowdfunding

  Crowdjustice (crowdjustice.org)

  A platform, geared specifically towards legal cases, to help raise funds, gather support and increase public awareness.

  StartSomeGood (startsomegood.com)

  StartSomeGood is a crowdfunding platform exclusively for social change initiatives. They help social entrepreneurs, non-profits and community groups raise the funds they need to make a difference.

  Legislative monitoring

  Institutional sources

  Australia

  Australian parliament (aph.gov.au): a comprehensive website with various resources including details on current debates, voting records, speeches and petitions.

  Canada

  Canadian parliament (parl.canadiana.ca): provides records of speeches made in the Senate and House of Commons in both English and French.

  European Union

  Eur-lex (eur-lex.europa.eu): the official website of European Union law and other public documents of the EU. Published in the 24 languages of the EU.
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  France

  National Assembly (assemblee-nationale.fr): website available in multiple languages, records are in French only.

  Senate (www.senat.fr): website available in multiple languages, records are in French only.

  Germany

  National parliament (bundestag.de/en): website in available in multiple languages, records in German only.

  New Zealand

  New Zealand parliament (www.parliament.nz/en): access to Hansard records in both English and Maori.

  New Zealand Gazette (gazette.govt.nz): the official journal of the New Zealand Government and constitutional record.

  United Kingdom

  Hansard (hansard.parliament.uk): a record of all speeches delivered on the floors of the House of Commons and House of Lords.

  The United Nations

  UNBISNET (unbisnet.un.org): UNBISNET maintains a record of speeches, publications, resolutions, voting records and all other public documents.

  United States

  Congress (congress.gov): detailed information on current debates and bills under consideration.

  The Library of Congress (loc.gov): tracks federal legislation in action.

  Media outlets

  International:

  Al Jazeera: aljazeera.com

  Economist: economist.com

  Guardian: theguardian.com/international

  Politico (both in the US and Europe): politico.com

  Australia:

  Canberra Times: canberratimes.com.au/federal-politics

  Canada:

  Globe and Mail: theglobeandmail.com/news/politics

  National Post: news.nationalpost.com/category/news/canada/canadian-politics

  European Union:

  EU Observer: euobserver.com

  Euractiv: euractiv.com

  New Europe: neweurope.eu

  France:

  Mediapart: mediapart.fr/journal/france

  Le Monde: lemonde.fr

  Germany:

  Cicero: cicero.de

  Der Spiegel: spiegel.de (english) spiegel.de/international

  Frankfurter Allgemeine Zeitung: faz.net

  Süddeutsche Zeitung: sueddeutsche.de

  Verfassungsblog: verfassungsblog.de

  New Zealand:

  NZ Herald: nzherald.co.nz/politics

  United Kingdom:

  Financial Times: ft.com

  Guardian: theguardian.com

  New Statesman: newstatesman.com

  Spectator: spectator.co.uk

  Telegraph: telegraph.co.uk

  United States:

  The Hill: thehill.com

  Politifact: http://www.politifact.com

  Real Clear Politics: realclearpolitics.com

  Washington Post: washingtonpost.com

  Pro bono legal services

  International

  International Bridges to Justice (ibj.org)

  Based in Switzerland, IBJ has been developing and expanding its tools to support defenders of justice and human rights worldwide. Their global program is designed to reach the largest number of human rights and criminal justice defenders possible. They offer a wide range of training manuals, country assessment and scorecard tools, and other resources, all accessible to lawyers everywhere through their e-learning program.

  PILnet (pilnet.org)

  Established in 1997 as the Public Interest Law Initiative in Transitional Societies at Columbia University (PILI) to promote the use of law as a tool to serve the interests of the whole of society rather than those of a powerful few. They link lawyers from all across Europe with not-for-profit organisations (NPOs) in need of legal support.

  European Union

  The Good Lobby (thegoodlobby.eu)

  Established in 2016, TGL is a skill-sharing community connecting academics and professionals to civil society organisations that need to receive their expertise. It democratises lobbying by offering pro bono advice while training a new generation of citizen lobbyists.

  Australia

  Australia Pro Bono Centre (probonocentre.org.au)

  An independent centre of legal expertise, providing publications, surveys, conferences, directories and performance reports.

  Czech Republic (Czechia)

  Pro Bono Alliance (probonocentrum.cz)

  A non-profit NGO of lawyers whose foremost goal is to achieve systematic changes in the Czech legal system in order to increase its effectiveness in protecting human rights, public interests and important common values.

  France

  AADH (aadh.fr)

  The Alliance of Lawyers for Human Rights (Alliance des Avocats pour les Droits de l’Homme) is an association which coordinates the provision of free and confidential legal advice services for NGOs, associations and institutions dedicated to the protection of human rights, regardless of their national or international dimension.

  Ireland

  Public Interest Law Alliance (pila.ie)

  PILA is an Irish hub of public interest law that supports lawyers, organisations, universities and students to help marginalised and disadvantaged people. They are an independent human rights organisation dedicated to the realisation of equal access to justice for all.

  New Zealand

  Equal Justice Project (equaljusticeproject.co.nz)

  A student led initiative empowering communities to seek equal justice through education, service and advocacy. The Equal Justice Project aims to continue its mission of addressing issues of equity, redress and representation through four main projects: Pro Bono, Community, Communications and Access.

  The Human Rights Foundation (humanrightsfoundation.wordpress.com)

  An NGO promoting and defending human rights through research based education and advocacy. They make submissions on new laws with human rights implications while also monitoring compliance and implementation of New Zealand’s international obligations in accordance with the requirements of the international conventions New Zealand has signed.

  Poland

  Academia Iuris Foundation (academiaiuris.pl)

  This foundation provides free legal aid for those who cannot otherwise afford to pay. Under the supervision of professional consultants, law students help to solve legal problems. Their mission is to educate young lawyers and integrate the legal community around the idea of free legal aid for people.

  The Halina Nieć Legal Aid Centre (pomocprawna.org/wersja-angielska)

  Their mission is to offer free legal aid for socially marginalised people, whose rights and freedoms are violated; development of democracy; promotion of the concept of respecting human rights and the rule of law; shaping civil society and promoting the culture of law in Poland.

  Portugal

  Pro Bono Portugal (probono.org.pt)

  PBP’s main goal is to achieve social cohesion by promoting free legal assistance to individuals and other NGO’s through a network of legal professionals.

  Romania

  Equality and Human Rights Action Centre (actedo.org/en)

  ACTEDO is a Romanian registered NGO which promotes fundamental rights and gender equality and acts against human rights violations. They aim to support vulnerable groups to access justice by establishing a program of pro bono legal assistance.

  The Foundation for Civil Society Development (fdsc.ro/eng)

  With the aim of being a powerful and influential civil society advocate with responsible citizens involved, FCSD promotes the interests and values for the benefit of communities. They provide technical assistance, consulting and training, advocacy, information, research on high quality standards and aim to increase the visibility of NGOs.

  Spain

  La Fundación más que Derecho (fundacionmasquederecho.org)

  Created with a strong commitment to society, and with the aim to work to improve the areas that are closest to them, such as study, training, dissemination and knowledge of laws, especially those relating to Human Rights in all areas and at all levels of society.

  Hazloposible (hazloposible.org/
en)

  An organisation that works in innovative ways to boost participation from society in causes that benefit society. They develop projects that channel capacity, talent, time and the hope of thousands of people to NGO’s that need collaboration to support their causes. Through their website people choose how they want to volunteer, and they allow organisations to have a platform where they can publish their employment offers and recruit the best professionals to give their talent to social causes.

  United Kingdom

  LawWorks (lawworks.org.uk)

  LawWorks is a charity which aims to provide free legal help to individuals and community groups who cannot afford to pay for it and who are unable to access legal aid.

  The National Pro Bono Centre (nationalprobonocentre.org.uk)

  A centre designed to be a ‘hub’ for pro bono charities across the legal sector. It supports the wide range of pro bono projects and brokerage which the charities support, helping individuals and community groups all over England and Wales.

  United States

  American Civil Liberties Union (aclu.org)

  The ACLU aim to protect civil liberties through a nationwide network of staffed offices in every US state, Washington DC, and Puerto Rico. With more than 1.2 million members, nearly 300 staff attorneys and thousands of volunteer attorneys, the ACLU fights government abuses of individual freedoms including speech and religion, a woman’s right to choose, the right to due process and a citizens’ rights to privacy.

  Appleseed (appleseednetwork.org)

  With offices across the United States and Mexico, Appleseed enables lawyers to both volunteer their expertise to individuals in need of advice, and to work on broader social justice initiatives. They also provide training and technical assistance, particularly in communications, development, project management and board development. It was established by Ralph Nader and some of his classmates at Harvard Law School.

  Equal Justice Works (equaljusticeworks.org)

  The mission of Equal Justice Works is to create a just society by mobilising the next generation of lawyers committed to equal justice. To achieve this, they offer opportunities to law students and lawyers, providing training and skills that enable them to provide effective representation to underserved communities and causes.

  Other pro bono services

  International

 

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