Introduction

In the U.S., state attorneys general have a long history and broad authority. The readings also emphasize the additonal role of the AG to represent not just the state as a client, but also the public interest, and how that interest may lead to conflict with other state actors, such as the legislature or even the governor.

The first item on the syllabus is a transcript of a talk given by Jim Tierney -- former attorney general of Maine. It provides an overview to the entire course. The first reading is part of the first chapter of Walter Mondale's memoir (former U.S. Vice President, losing presidential candidate in 1984), which describes his work as the MN AG. This excerpt covers many of the topics contained in this casebook and should be read carefully.

The next reading is an excerpt from the memoir of Paul Wilson, who was the AAG who argued on behalf of Kansas in Brown v. Board of Education. Ask yourself whether he did the right thing.

The State of RI v. Lead Industries case excerpt contains soaring rhetoric about the role of the AG, and the NH memo lays out the same case in less flowery language. You should ask whether the rhetoric matches the reality, especially in light of the actions taken by the MO and ID legislatures when they thought the AG wasn't doing the right thing. The AG candidate debate in ID captures the competing views of the role of the AG.

Finally, in addition to their common law, statutory, and constitutional powers, AGs usually have parens patriae authority to protect the state's quasi-sovereign interests (whatever those are). Ask yourself if that makes any sense, and what, if any, standard should apply to guide the AG's actions.