Main Content

Casebook Credits History

Content from the following sources has been used in the creation of this casebook:

    • 1: The Authority and the Culture of the Attorney General original
    • 1.1: Walter Mondale, The Good Fight (2010) (Chapter 1, Edited) original
    • 1.2: Attorney General Ellison asks court to remove trustees of Otto Bremer Trust, Statement, August 12, 2020 (Supplemental Reading) original
    • 1.4: Wilson, Paul E., A Time to Lose, Representing Kansas in Brown v. Board original
    • 1.5: State v. Lead Industries Ass'n original
    • 1.6: Memorandum of Former members of the New Hampshire Attorney General Office on HB 89, Docket No. 2011-0319, May 23, 2011 original
    • 1.7: State of the Statehouse: Zoeller leaves attorney general role with legacy in public health By Maureen Hayden | CNHI State Reporter | INDIANAPOLIS Dec 25, 2016 original
    • 1.8: Richard P. Ieyoub: Theodore Esienberg, State Attorney General Actions, the Tobacco Litigation, and the Doctrine of ParensPatrie, 74 Tul. L. Rev. 1859 (2000) original
    • 1.9: Shevin, ex. rel.Florida v. Exxon Corp. original
    • 2: The Structure of the Office of the Attorney General original
    • 2.1: Feeney v. Commonwealth original
    • 2.2: People ex rel. Deukmejian v. Brown original
    • 2.3: William P. Marshall, Break Up the Presidency? Governors, State Attorneys General and Lessons from the Divided Executive, 115 Yale L.J. 2445-2469 (2006). original
    • 2.4: Generic State Attorney General’s Office Organization Chart original
    • 2.5: Delaware AG Investigates Own Client, Celia Cohen, Grapevine Political Writer, Sept. 15, 2007. original
    • 2.6: For Democratic governors, it pays to have a Democratic attorney general. Republicans, not so much, Nicholas Miras, Washington Post, Aug. 3, 2020 original
    • 2.7: “AGs' powers a subject of contention.” Denver Post Capitol Bureau, Martinez, J. C. (2003, December 7). original
    • 2.8: "High Court to Hickenlooper: We’re not getting involved". Colorado Independent, Corey Hutchins (December 03, 2015). original
    • 2.9: No Charges to Be Filed In Prison Sentence Screw-Up, Nebraskawatchdog.Org, November 24, 2014. original
    • 2.10: Terrie, Morgan-Besecker, “DA refers prison sex abuse probe to state attorney general's office,” The Times-Tribune, Jan. 7, 2017. original
    • 2.11: “Who is the Client?” – A Role Playing Hypothetical original
    • 3: The Ethics of Client Representation for State Attorneys General original
    • 3.1: Justin G. Davids, State Attorneys General and Client-Attorney Relationship: Establishing the Power to Sue State Officiers, 38 Colum. J.L. & Soc. Probs. 365 (2005). original
    • 3.2: Jack B. Weinstein, Some Ethical and Political Problems of a Government Attorney, 18 Me. L. Rev. 155 (1966). original
    • 3.4: Articles describing the evolving positions of then Alabama Attorney General William Pryor and then Alabama Supreme Court Chief Justice Roy Moore (2003 - 2004). original
    • 3.4.1: Pryor offenses: Bill Pryor has led a religious right crusade against church-state separation in Alabama, Americans United for Separation of Church and State (2003) original
    • 3.4.2: State Court Orders Commandments' Removal All Eight Colleagues Of Ala. Chief Justice Vote to Overrule Him, Birmingham News, Aug 22, 2003 original
    • 3.4.3: Pryor Calls for Removal of Moore Says Expulsion Needed to Protect The Public, Birmingham News (Alabama) November 11, 2003 original
    • 3.5: Combined Readings: AG Maura Healey and Bridgewater State University (2016 - 2017). original
    • 3.6: Watts, A., & Martinez M., Judge rejects Arizona's effort to dismiss prison teacher rape lawsuit, CNN (Feb. 5, 2015). original
    • 3.7: Freeport-McMoran Oil & Gas Co. v. Federal Energy Regulatory Commission original
    • 3.10: The Four Seasons – Ethics Hypotheticals original
    • 4: Consumer Protection original
    • 4.2: Gen. L. ch 93A: Regulation of Business Practices for Consumer's Protection. (Massachusetts Consumer Protection Statute) original
    • 4.3: Henry N. Butler & Joshua D. Wright, Are State Consumer Protection Acts Really Little-FTC Acts?, 63 Fla. L. Rev. 163 (2011) (edited) original
    • 4.4: State Attorney General Consumer Protection Activity (For Reference) original
    • 4.5: Single State Attorney General Consumer Fraud Matters original
    • 4.5.1: Minnesota Attorney General v. Accretive (various articles) (2008 – 2016) original
    • 4.5.3: NY AG Internet Access Consumer Case Readings (2018 – 2019) original
    • 4.5.5: AG Ferguson, Judge Finds Comcast Violated Consumer Protection Statute Nearly Half a Million Times (June 6, 2019) original
    • 4.6: The Role of Mandatory Arbitration in Consumer Protection original
    • 4.7: AT&T Mobility LLC v. Concepcion original
    • 4.8: Supreme Court Ruling Cuts Off Avenue to Class Proceedings, Law 360, (April 24, 2019) original
    • 4.9: Rent-A-Center, Inc. v. Iowa Civil Rights Commission original
    • 5: Multistate Advocacy original
    • 5.1: Speaker - Prof. Paul Nolette - Multistate Consumer Actions and Settlements, Website of Prof. Nolette, Marquette University original
    • 5.3: Jason Lynch, Federalism, Separation of Powers, and the Role of State Attorneys General in Multistate Litigation, 101 Colum. L. Rev. 1998 (2001) (edited) original
    • 5.4: Philip Mattera and Anthony Kay Baggaley, Bipartisan Corporate Crime Fighting by the States (2019) (Exec. Summary) original
    • 5.5: Examples of multistate consumer fraud enforcement by attorneys general original
    • 5.5.2: Tobacco Litigation of the 1990's original
    • 5.5.2.1: Thomas A. Schmerling, Stag Hunting with the State AG: Anti-Tobacco Litigation and the Emergence of Cooperation Among State Attorneys General, 25 Law & Policy 429 (2003) original
    • 5.5.2.2: Historical summary and perspective on the attorney general tobacco litigation of the 1990's (For Research) original
    • 5.5.2.3: The Public Health Law Center, Mitchell Hamline School of Law, St. Paul, Mn. (For Research) original
    • 5.5.2.4: The Fall of Big Tobacco, Part 3, Washington Post, March 31, 1998, CiCi Connolly and John Mintz (Supplemental Reading) original
    • 5.5.2.5: As a Young Lawyer, Gillibrand Defended Big Tobacco - The New York Times, Mar 26, 2009 original
    • 5.5.3: DIRECTV Settlements Articles (1998, 2005, 2010) original
    • 5.5.4: Honda Will Pay $85 Million in Takata Airbag Settlement (to) a group of U.S. states, Autoweek, August 31, 2020 original
    • 5.5.5: Ct. AG Jepsen Leads Settlement with Career Education Corp. (Jan. 3, 2019) (Links to an external site.) (Links to an external site.) original
    • 5.6.1: NY AG James Release Announces Settlement with Fiat Chrysler (Jan. 2019) original
    • 5.6.2: Attorney General Josh Shapiro and 50 AGs Reach $13.5M Settlement with Pharmaceutical Company for Misleading Marketing of Four Drugs – PA Office of Attorney General - Dec 20, 2017 original
    • 5.6.3: Ct. AG Jepsen DCP Conn Joins Multistate Settlement with Boehringer Ingelheim, Dec 12, 2017 original
    • 5.6.4: Rating Agency Cases (2009 - 2015)(Supplemental) original
    • 5.6.5: Department of Justice, Federal Government and State Attorneys General Reach $25 Billion Agreement with Five Largest Mortgage Servicers to Address Mortgage Loan Servicing and Foreclosure Abuses, 2012, (Supplemental) original
    • 6: Retention of Private Counsel by attorneys general original
    • 6.1: State v. Lead Industries Ass'n original
    • 6.2: American Legislative Exchange Council, Private Attorney General Retention Sunshine Act original
    • 6.3: Attorney general [Hector Balderas] unveils changes on hiring private lawyers, KOB Eyewitness News 4, March 30, 2015 original
    • 6.4: "SC Gov McMaster Objects to Plutonium Settlement and $75 million legal fees," August 31, 2020 original
    • 6.5: NC Attorney General brings in national law firm for PFAS investigation, X, Chemours, Posted August 12, 2020 (Supplemental Reading) original
    • 6.7: State of New Jersey, Outside Counsel Guidelines (Supplemental Readings) original
    • 6.8: "It's the 90's, Counselor: 'Superfluous' Fees Denied" David Margolick, New York Times, Aug. 14, 1992 (Supplemental Readings) original
    • 6.9: Eric Lipton, Energy Firms in Secretive Alliance with Attorneys General, New York Times (Dec. 6, 2014) original
    • 6.10: Eric Lipton, Lobbyists, Bearing Gifts, Pursue Attorneys General, New York Times (Oct. 28, 2014) original
    • 6.11: Multistate Case Hypothethical, Prof. Peter Brann original
    • 7: Criminal Jurisdiction, Criminal Justice Reform, Police Misconduct and Public Corruption original
    • 7.1: AG Jennings tells prosecutors to seek lesser prison sentences for some crimes, Delaware News Journal (Feb. 19, 2019) original
    • 7.3: Delaware Attorney General Jennings trying to balance legal playing field Aug 5th, 2020, Mike Finney , Delaware State News, Aug 5, 2020 (Supplemental) original
    • 7.4: Black Delaware lawmakers, attorney general call for police accountability with proposed reforms Sarah Gamard Delaware News Journal, June 10, 2020 (Supplemental) original
    • 7.5: General Jurisdiction and Relationship with District Attorneys original
    • 7.5.1: Chris Toth, et al., Chapter 17, Attorneys General and Criminal Law, State Attorneys General Powers and Responsibilities (2015) original
    • 7.5.2: Various District Attorney Cases referred to Attorney General (2011 – 2019) original
    • 7.5.3: Flowers Case Shows How AGs Are Stepping Into The Spotlight - Law360 - Sept 13, 2020 original
    • 7.5.4: MN county attorneys: State AG office should handle police deadly force cases Peter CoxJune 5, 2020, Minnesota Public Radio original
    • 7.5.5: Dist Atty. Kim Gardner seeks to stop Missouri attorney general from meddling in McCloskey gun case, July 24, 2020St. Louis Post-Dispatch, original
    • 7.6: Parallel Proceedings original
    • 7.6.1: Commonwealth v. Powers Fasteners, Inc. Docket No 07-10802 (Mass. Super. Ct. (Dec. 12, 2007) original
    • 7.6.2: New Mexico Attorney General’s parallel proceedings policy (Mar. 9, 2011) original
    • 7.7: Public Corruption original
    • 7.7.1: Articles on Nevada Attorney General Indictment of Nevada Lt. Governor case and dismissal (2008 – 2009) original
    • 7.7.2: New Mexico Attorney General Prosecutes Secretary of State (2015) original
    • 7.7.3: Articles on AG Kane Convicted, Sentenced, Released from Jail (2016 – 2019) (supplemental reading) original
    • 7.7.4: Monthly CEPI Newsletter (formerly Corruption Newsletter), CEPI and NAGTRI (Further Research) original
    • 7.8: State Grand Jury Reports original
    • 7.8.1: Pa AG Grand Jury Report on Clergy Abuse (2018 – 2019) original
    • 7.8.2: Prosecutorial Investigations Using Grand Jury Reports: Due Process and Political Accountability Concerns Gregory Morrill, Colum. J.L. & Soc. Prob, 483- 512 (2011) original
    • 8: Police Misconduct original
    • 8.1: The Overlooked Potential of State AGs for Police Reform, Tony Woodlief, Governing Magazine, Opinion, June, 2020 original
    • 8.2: The Ohio Supreme Court Report ("Police Lethal Use of Force," Report and Recommendations of the Task Force to Examine Improvements to the Ohio Grand Jury System original
    • 8.3: "Some want outside prosecution of police. Others say that’s a mistake," Dayton Daily News, Cornelius Frolick, Aug. 22, 2020 original
    • 8.4: Articles on AG Role in Police Shootings (2015 – 2016) original
    • 8.6: Illinois attorney general makes the case for licensing police officers; AG Kwame Raoul also complained that getting the Chicago Police Department to comply with the terms of a federal consent decree has been, at times, “like pulling teeth.” Chicago Sun-Times, June 24, 2020 original
    • 8.11: Chicago Police Consent Decree - 2016 - Ongoing original
    • 9: Attorney General Opinions original
    • 9.1: Emily Myers, Antitrust Chief Counsel, NAAG; Andy Bennett, Judge, Tennessee Court of Appeals, Chapter 5, Opinions, State Attorneys General Powers and Responsibilities (2019) original
    • 9.2: Aid for Women v. Foulston, 427 F. Supp. 2d 1093 (D. Kan. 2006), vacated as moot following repeal of statute, 2007 WL 6787808 (10th Cir. 2007) (Edited) original
    • 9.3: Virginia Attorney General Ken Cuccinelli was just doing his job, Richmond Times-Dispatch, Jeff Shapiro (September 16, 2012) original
    • 9.4: Selected Attorney General Opinions (2007 - 2019) original
    • 9.5: Opinion of the Virginia Attorney General, Mark Herring, on Voter Intimidation, Sept 24, 2020 original
    • 9.6: AG - AG Nessel Issues Formal Opinion Stating Guns can be Prohibited at State Capitol, May 11, 2020 original
    • 9.7: What’s Your Opinion? Opinion Hypotheticals original
    • 10: U.S. Supreme Court Practice original
    • 10.1: Speaker - Dan Schweitzer, '89, NAAG Supreme Court Counsel original
    • 10.4: Results of Cert Petitions on Filed by States, NAAG (2020) original
    • 10.5: State AG Supreme Court Amicus Statistics (2020), Dan Schweitzer, NAAG Supreme Court Counsel original
    • 10.6: Where are they now? The Promise and Peril of being a Former SG : "Former State SG's and Other State AG Attorneys Who Are Active Judges," Dan Schweitzer, NAAG Supreme.Ct Counsel, March 18, 2021 original
    • 10.7: Kevin C. Newsom, The State Solicitor General Boom, 32 Appellate Practice J. 6 (2013) original
    • 10.8: NAAG Supreme Court Counsel Dan Schweitzer, Who Argues for the States in the U.S. Supreme Court (2017) original
    • 10.9: The journey from Wisconsin to Texas and take down the ACA - Houston Chronicle - Jan 11, 2019 original
    • 10.10: Roper v. Simmons Amicus.pdf - State of Alabama - 543 U.S. 551 (2005) - (2004) (Kevin Newsom) original
    • 10.11: Roper v. Simmons (2005) (edited).pdf - 543 U.S. 551 - 2005 original
    • 10.12: TX-Respondent-Medellin v Dretke.pdf - (Winner of NAAG Best Brief Award in 2005 - Ted Cruz - ) (supplemental reading). original
    • 11: Relationship with Local and County Government original
    • 11.2: The increasing divide between urban, suburban and rural communities original
    • 11.2.1: Pew Research Center, What Unites and Divides Urban, Rural and Suburban Communities (May 22, 2018) original
    • 11.2.2: How the Urban-Rural Divide Became America’s Political Fault Line, Emily Badger, New York Times (May 21, 2019) original
    • 11.2.3: Election Showed a Wider Red-Blue Economic Divide - The New York Times - November 12, 2020 original
    • 11.4: State and Local Divide - Opioids original
    • 11.4.1: State of Ohio Mandamus Brief, National Prescription Opioid Litigation, 2019, (6th Circuit) original
    • 11.4.3: WV counties, cities seek larger share of potential opioid settlement, Eric Eyre, Gazette Mail (Oct. 5, 2019) original
    • 11.4.4: Opioid Settlement Offer Provokes Clash Between States and Cities - The New York Times - March 13, 2020 - Jan Hoffman original
    • 11.4.5: Opioid Epidemic Settlement Offer, Worth $26 Billion, Gains Support - The New York Times - Nov. 5, 2020 - Jan Hoffman original
    • 11.4.6: 30 State Amicus Brief in Ok v. Opioid Manufacturers, Ok Sup Ct., Nov. 25, 2020 original
    • 11.6: State and Local Divide - Guns original
    • 11.6.1: Fox News, More than 100 Virginia cities, counties declare themselves gun sanctuaries as Dems prepare to take over legislature (Dec. 20, 2019) original
    • 11.6.2: Virginia Attorney General Mark Herring Opinion on Local Gun Sanctuary Laws (Dec. 20, 2019) original
    • 11.6.3: Washington state's I-1639: Attorney general says sheriffs must enforce the law - CNN - Feb 13, 2019 original
    • 11.6.4: Columbus And Dayton Sue Ohio Attorney General To Force Fix Of Gun Background Checks – CBS Pittsburgh - Nov. 9, 2020 original
    • 12: Relationship with Federal Government original
    • 12.2.1: States Sue Over Acid Rain (Mar. 20, 1984) original
    • 12.2.3: Presidential Memorandum Regarding Preemption original
    • 12.2.4: After Scaling Back Student Loan Regulations, Administration Tries to Stop State Efforts, New York Times (Sept 9, 2018) original
    • 12.4.1: Multistate Actions Against the Fed Government, Website of Prof. Paul Nolette, Marquette University (For Reference) original
    • 12.4.2: Texas vs. the Feds — A Look at the Lawsuits, Texas Tribune, Jan. 11, 2017 original
    • 12.4.3: Bob Ferguson Sued the Trump Administration 82 Times. What's He Going to Do Now? || chronline.com - Seattle Times, Nov. 14, 2020 original
    • 12.5.1: Massachusetts v. Environmental Protection Agency (2007) original
    • 12.5.2: U.S. Attorney General Sessions Releases Memorandum on Litigation Guidelines for Nationwide Injunctions, Sept. 13, 2018 original
    • 13: Non-Profit Corporations, Charities, and Foundations original
    • 13.1: The Nonprofit Sector in Brief 2019, National Center for Charitable Statistics, The Urban Institute, June, 2019 original
    • 13.2: State Regulation and Enforcement in the Charitable Sector, Cindy Lott, et. al., Urban Institute, 2016 (Reference) original
    • 13.3: AAG Bob Carlson, Missouri, Assistant Attorney General, Chapter 12, Protection and Regulation of Nonprofits and Charitable Assets, State Attorneys General Powers and Responsibilities (2013) original
    • 13.4: Texas Attorney General, A Guide to Charitable Trust Case Review (2010) original
    • 13.5: Various Attorney General Non Profit cases (2003-2019) original
    • 13.6: Buffalo Diocese Accused of Years long Cover-Up of Sexual Abuse - The New York Times - Nov. 23, 2020 original
    • 13.8: "New York's Attorney General Shouldn't Dismantle the NRA," Bloomberg, Noah Feldman, August 6, 2020 original
    • 14: State Attorneys General and Tech Policy - https://www.stateag.org/initiatives/agtech-forum original
    • 15: State Attorneys General and the Enforcement of Labor Law original
    • 15.1: "Workers’ rights protection and enforcement by state attorneys general State AG labor rights activities from 2018 to 2020" - Report • By Terri Gerstein • August 27, 2020, EPI and Harvard Work Life Program original
    • 15.2: For more information on attorney general enforcement of state labor laws — StateAG.org original
    • 16: Attorneys General and Immigration original
    • 16.1: 8 U.S.C § 1373 original
    • 16.2: Executive Order: Enhancing Public Safety in the Interior of the United States original
    • 17: Past Exams, 2016-2019 original
    • 17.1: Sample Exam 1: Spring 2016 Exam original
    • 17.2: Sample Exam 2: Spring 2017 Exam original
    • 17.3: Sample Exam 3: Fall 2017 Exam original
    • 17.4: Sample Exam 4: Fall 2018 Exam original
    • 17.5: Sample Exam 5: Spring 2019 Exam original
    • 17.6: Sample Exam 6: Fall 2019 Exam original