Distinguished Fellow in Law and Government
On-site Director, Semester-in-Washington Program
J.D., Georgetown University Law Center
B.A., Franklin & Marshall College
The Government Independent Counsel
Regulatory and Legislative Practice Seminar
Sports and Entertainment Law
As on-site supervisor for the Washington, D.C. semester program, I try to supplement the experiential learning regimen that the Washington semester students are engaged in with a meaningful classroom examination of the legal range of practice pursued in the nation’s Capital, most notably the matrix of criminal, administrative, and regulatory issues facing both government and private attorneys. The Washington, D.C. semester program course is tailored to the interests of the students in the program as an adjunct to their work in internships. The course is also taught for students interested in federal regulation and legislative practice but who are not able to participate in the D.C. program. I hope to introduce students to the same subjects that have emerged as major components of Washington legal practice, including lobbying regulation and government ethics. The Election Law course that I offer focuses on the development of the campaign finance system over the past 30 years, as well as civil and criminal enforcement, the structure and policies of the FEC as well as institutions like the electoral college and the conduct of contested elections. As a practitioner for 40 years, I believe in integrating the practical experience gained as an election lawyer into the course.
I served as former General Counsel to the U.S. House of Representatives from 1976-1983, responsible for representing members, officers and employees in legal proceedings challenging their conduct of official business before federal district, appellate and the U.S. Supreme Court (including two landmark separation of powers cases, United States v. Helstoski and Chadha v. INS). I use this experience to leaven the academic curriculum with the study of “real life” case studies. In private practice since leaving that position, I have represented a broad array of officials and individuals in high profile public corruption and ethics cases, including former White House aide George Stephanopoulos in the Whitewater investigation (who characterized my practice as specializing “in cases at the intersection of politics, criminal law and communicating in the Washington echo chamber” in his bestselling “All Too Human: A Political Education” (Little Brown and Company, 1999)), former Congressman and Gore 2000 Chairman Tony Coelho, Senator Larry Craig and Congresswoman Maxine Waters.
In 2002, I served as counsel to Arthur Andersen in the government’s various investigations of and charges against the company and Lehman Brothers in connection with congressional investigations into the company’s collapse in 2008. In 2005 I was counsel to Major League Baseball, representing MLB in connection with congressional investigations into baseball’s steroid policy. I was featured in The Washingtonian magazine’s 2002 survey of the 75 best lawyers in Washington. These representations allow me to bring the practical aspects of law home to students and prepare them for transition to the legal work they will engage in after graduation.
My continuing interest in scholarship has revolved around my service as counsel to the House of Representatives and the constitutional and legal issues arising from government investigative power. Most recently I co-authored a text on the origin and exercise of the congressional investigative power: Cole & Brand, Congressional Investigations and Oversight: Case Studies and Analysis (Carolina Academic Press, 2011). I have authored shorter and more topical articles on various subjects involving the constitutional separation of powers: A Pardon Problem? It’s None of Congress’s Business, WASH. POST, Feb. 28, 2001, at A25; Op-ed, Let the Investigations Begin, N.Y. TIMES, Nov. 12, 2006.
Since 1992 I have served as Vice President of Minor League Baseball, the governing body for 205 professional minor league baseball clubs in 17 leagues, playing in the U.S., Canada, and Mexico at the AAA, AA, A and rookie levels. My responsibilities have included representing MiLB in protecting baseball’s historic antitrust exemption during congressional enactment of the Curt Flood Act of 1998, the extension of P1 visas by law to foreign minor league players and protection of MiLB’s digital rights. I have written extensively on legal issues affecting baseball (Stanley M. Brand and Andrew T. Giorgine, The Effect of Baseball’s Antitrust Exemption on its Minor League System: A Case Study of the Harrisburg Senators, 10 VILL. SPORTS & ENT. L.J. 49 (2003)).
A major focus of my work with students is connecting them to opportunities for public service, both in the government and the nonprofit sector in Washington, D.C. This includes fostering continuing connections between Penn State Dickinson Law graduates of the D.C. program as well as representing the school in the Washington, D.C. consortium of law schools.
As an active practitioner in the public corruption, criminal proceedings, and congressional investigation arena, I am frequently called upon to comment on the legal issues arising from these cases and have appeared frequently on MSNBC’s Hardball, NBC Morning and Evening News, CNN, NPR’s All Things Considered, The Diane Rehm Show and in numerous print media as well, including The New York Times, Washington Post, Wall Street Journal, and Politico. In 2000, I served as a paid consultant to ABC News on the Bush-Gore contested presidential election.
Congressional Investigations: Cases and Materials (Carolina Academic Press, 2010) (with Lance Cole)