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36 Hastings Const. L.Q. [i] (2008-2009)

handle is hein.journals/hascq36 and id is 1 raw text is: HASTINGS CONSTITUTIONAL LAW QUARTERLY VOLUME 36 FALL 2008 NUMBER 1 Table of Contents BOOK REVIEW CONSCIENCE REEXAMINED: LIBERTY, EQUALITY, AND THE LEGACY OF ROGER WILLIAMS by R en R ey es ...................................................................................................... . ......... I In her recent book, Martha Nussbaum offers a highly readable and accessible contribution to the ever-expanding literature on the First Amendment's Religion Clauses. Notably, while Liberty of Conscience is the book's main title, religious equality arguably plays a more prominent role in Nussbaum's analysis than does liberty of conscience per se. For in Nussbaum's telling, the Religion Clauses are centrally about equality: The Free Exercise Clause and the Establishment Clause are difficult to interpret and even more difficult to relate to one another. . . . But a central thread that connects them, directing some of their most important applications, is this idea of a government that does not play favorites. This is not to suggest that liberty of conscience does not have intrinsic value. On the contrary, The idea of equality has to be supplemented by an independent idea of the worth of liberty of conscience, since we might have been equal by all (equally) lacking religious liberty. Yet it is a particular conception of liberty of conscience that Nussbaum principally defends-a conception that is strongly influenced by the thought of the intellectual hero of Nussbaum's book, Roger Williams. This twin focus on the Williams- inspired theory of conscience and on religious equality is one of the book's greatest strengths: it highlights the intellectual legacy of a vastly underappreciated thinker, and provides a compelling, unifying interpretive theme for both of the Religion Clauses. However, the tightness of the book's focus is also its principal weakness-for it both downplays the importance of other strands of thought on the subject of conscience and occasionally obscures other values that lay behind the Establishment Clause in particular. ARTICLES ACCESS AND LOBBYING: LOOKING BEYOND THE CORRUPTION PARADIGM by Dorie Apollonio, Bruce E. Cain, and Lee Drutman ................................................ 13 After a recent spate of lobbying scandals involving Jack Abramoff among others, Congress passed a lobbying and ethics reform bill banning a wide variety of lobbyist-to-legislator gifts. In so doing, it dealt with lobbyist influence primarily as a quid pro quo corruption problem. But a large body of literature suggests that lobbyists have multiple sources of influence that go way beyond what could be considered corruption. Lobbyists, for example, are valuable sources of expertise and information,

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