Nicholas F. B. Smyth

Adjunct Professor of Law

Assistant Director for Consumer Financial Protection

Bureau of Consumer Protection

PA Office of Attorney General

412-880-0475

nicksmyth@gmail.com

Note: Syllabus is subject to change depending on developing issues and the schedules of visiting speakers

Introduction 

The roots of the state Office of Attorney General run deep in American jurisprudence. All 13 American colonies had an Attorney General and today all 50 States and the District of Columbia have opted to provide legal services through an Office of Attorney General.

Each office possesses broad jurisdiction and to varying degrees is independent from the executive and the legislative branch of state government. Attorneys General in 43 states are elected statewide on a partisan basis. The combination of sweeping jurisdiction and constitutional independence has given rise to a unique American legal institution of growing importance.

The course will cover the day-to-day challenges faced by Attorneys General and their staffs in delivering the legal advice that will guide state government in a constitutional and ethical manner. The course will also cover the relationship of Attorneys General with Governors, state legislatures and agencies, the federal government, the private bar, and a myriad of advocacy organizations. Although Attorneys General are often in the news litigating both in favor and in opposition to Presidential policies, the focus of this class is not on suing or defending the President.

Although each State is unique, the course will demonstrate the remarkable congruence that exists among State Attorneys General when addressing similar challenges and issues. The course will focus special attention on Pennsylvania and federal consumer protection law, including consumer financial issues and the Consumer Financial Protection Act. The course also considers the unique ethics issues that Attorneys General and their staff must confront.

This Syllabus contains federal and state statutes and case law, law review and descriptive articles from a variety of sources, and hypotheticals that describe the nature and function of the Office of Attorney General. The numerous hypotheticals are drawn from actual cases which, because of their nature, have not been studied or, in most cases, ever made public.

Students are evaluated based 60% on a series of short assignments and in-class hypothetical exercises, and 40% on final simulation or, if approved by the instructor, a research brief for a state attorney general's office. Readings that are marked “supplemental reading” are trusted resources that enable you to take a deeper dive into specific topics.

Students can improve their grades based upon class participation and all students are expected to participate in some fashion each week in class. Because many, if not most, of the decisions of Attorneys General and their staff are based upon judgment, and thus are not obviously right nor wrong, the class will create an atmosphere in which students of differing political perspectives will feel comfortable contributing diverse viewpoints to the class discussion.

In anticipation of the first class, all students are encouraged to watch this video from the former Maine Attorney General and Harvard Lecturer who inspired this course, James Tierney.

I enjoy meeting with students and encourage you to arrange a virtual meeting with me at your convenience. I am anxious to discuss the class, your interests and aspirations, or the world in general.   The Syllabus will be posted on Canvas in the days ahead.

Health and Disability Accommodations:

During this pandemic, it is extremely important that you abide by the public health regulations , the University of Pittsburgh’s health standards and guidelines, and Pitt’s Health Rules. These rules have been developed to protect the health and safety of all of us.  Universal face covering is required in all classrooms and in every building on campus, without exceptions, regardless of vaccination status. This means you must wear a face covering that properly covers your nose and mouth when you are in the classroom. If you do not comply, you will be asked to leave class.  It is your responsibility have the required face covering when entering a university building or classroom. For the most up-to-date information and guidance, please visit coronavirus.pitt.edu and check your Pitt email for updates before each class.

If you do not feel well, stay home. If you are required to isolate or quarantine, become sick, or are unable to come to class, please contact Dean Allie for instructions on next steps. And of course contact Dean Allie if you need any other accommodations as well.

Respect for Diversity:

It is my intent that students from all diverse backgrounds and perspectives be well served by this course, that students’ learning needs be addressed both in and out of class, and that the diversity that students bring to this class be viewed as a resource, strength and benefit. It is my intent to present materials and activities that are respectful of diversity: gender, sexuality, disability, age, socioeconomic status, ethnicity, race, and culture. Your suggestions are encouraged and appreciated. Please let me know ways to improve the effectiveness of the course for you personally or for other students or student groups. In addition, if any of our class meetings conflict with your religious events, please let me know so that we can make arrangements for you.