Main Content

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

    • 7.6.1: Review of State AG Big Tech Lawsuits, 28 Rich. J.L. & Tech. 469, Sarah Oh Lam, J.D., Ph.D, Spring 2022 (edited and no footnotes) original
    • 7.6.6: 48 attorneys general appeal dismissal of Facebook antitrust suit - The Washington Post original
    • 7.6.7: Wa AG Ferguson investigation shuts down Amazon price-fixing program nationwide - Office of the Washington Attorney General, January 26, 2022 original
    • 7.7: Justice Department Sues to Block Unprecedented Domestic Alliance Between American Airlines and JetBlue OPA Department of Justice original
    • 7.13: Colorado AG Intervenes in Health Care Merger - Law Week Colorado original
    • 7.14: Colo. AG Deal Spares FTC 2-2 Split On UnitedHealth Merger - Law360 original
    • 7.6.2: 37 AGs Sue Google in Alleging Google Illegally Maintains App Store Monopolies, Unfairly Edges Out Competition, July 7, 2021 original
    • 7.8: Seven AG’s and USDOJ Sue American Airlines and JetBlue over Anticompetitive Alliance, Sept 21, 2021 original
    • 7.10: Federal Judge Rules In Favor Of FTC Challenge To Sysco And US Foods Merger - June 23, 2015 - Forbes original
    • 14.1.7: AG Donovan Refiles Third Major Case That Sarah George Dismissed, March 19, 2021 original
    • 17.4.6: Seven AG’s and USDOJ Sue American Airlines and JetBlue over Anticompetitive Alliance, Sept 21, 2021 original
    • 17.4.8: 37 AGs Sue Google in Alleging Google Illegally Maintains App Store Monopolies, Unfairly Edges Out Competition, July 7, 2021 original
    • 9.13: Atty Fees Capped At 15% In $26B Opioid MDL Settlement- Robbins Geller Rudman & Dowd-August 9, 2021 original
    • 12: U.S. Supreme Court Practice original
    • 12.1: The Evolving Role of State Solicitor General, James Layton, Journal of Appellate Practice and Process, Vol. 3, No. 2 (Fall 2001) original
    • 12.2: Top 10 Reasons to have a state Solicitor General, Dan Schweitzer, Director of the National Association of Attorneys General's Center for Supreme Court Advocacy. original
    • 12.3: Results of Cert Petitions on Filed by States, NAAG (2020) original
    • 12.4: State AG Supreme Court Amicus Statistics (2022), Dan Schweitzer, NAAG Supreme Court Counsel original
    • 12.5: 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, 2022 original
    • 12.6: Kevin C. Newsom, The State Solicitor General Boom, 32 Appellate Practice J. 6 (2013) original
    • 12.7: Who Argues for the States in the U.S. Supreme Court? NAAG Supreme Court Counsel Dan Schweitzer, (2017) original
    • 12.8: The journey from Wisconsin to Texas and take down the ACA - Houston Chronicle (Jan 11, 2019) original
    • 12.9: Roper v. Simmons Amicus.pdf - State of Alabama - 543 U.S. 551 (2005) (Al. SG Kevin Newsom) original
    • 12.10: Roper v. Simmons (2005) (edited).pdf - 543 U.S. 551 - 2005 original
    • 12.11: TX-Respondent-Medellin v Dretke.pdf - Winner of NAAG Best Brief Award in 2005 - Tx. SG Ted Cruz original
    • 12.12: Massachusetts v. Environmental Protection Agency (2007) original
    • 13: Attorney General Opinions original
    • 13.1: Emily Myers, Antitrust Chief Counsel, NAAG; Chapter 5, "Opinions", State Attorneys General Powers and Responsibilities (2018) original
    • 13.2: 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
    • 13.3: Virginia Attorney General Ken Cuccinelli was just doing his job, Richmond Times-Dispatch, Jeff Shapiro (September 16, 2012) original
    • 13.4: Selected Attorney General Opinions (2007 - 2019) original
    • 13.5: Opinion of the Virginia Attorney General, Mark Herring, on Voter Intimidation, (Sept 24, 2020) original
    • 13.6: AG - AG Nessel Issues Formal Opinion Stating Guns can be Prohibited at State Capitol, (May 11, 2020) original
    • 13.8: Kansas attorney general tries to tamp down fears about abortion measure, July 25, 2022, Los Angeles Times original
    • 13.10: James Tierney - AG's and Opinions - Harvard Law School - March 30, 2020, YouTube original
    • 14: Criminal Jurisdiction, Criminal Justice Reform, Police Misconduct and Public Corruption original
    • 14.1: General Jurisdiction and Relationship with District Attorneys original
    • 14.1.1: Attorneys General and Criminal Law, Chapter 17, State Attorneys General Powers and Responsibilities (2018), Former NAAG Executive Director Chris Toth original
    • 14.1.2: Various District Attorney Cases referred to Attorney General (2011 – 2019) original
    • 14.1.3: MN county attorneys: State AG office should handle police deadly force cases. Peter Cox, June 5, 2020, Minnesota Public Radio original
    • 14.1.4: Dist Atty. Kim Gardner seeks to stop Missouri attorney general from meddling in McCloskey gun case, July 24, 2020St. Louis Post-Dispatch, original
    • 14.1.5: St. Louis judge disqualifies Gardner, her office from prosecuting McCloskey gun-waving case | Law and order | stltoday.com - Dec 10, 2020 original
    • 14.1.6: Appeals court upholds decision to dismiss Gardner from McCloskey case, KSDK, January 8, 2021 original
    • 14.2: Parallel Proceedings original
    • 14.2.1: New Mexico Attorney General’s parallel proceedings policy (Mar. 9, 2011) original
    • 14.2.2: Commonwealth v. Powers Fasteners, Inc. Docket No 07-10802 (Mass. Super. Ct. (Dec. 12, 2007) original
    • 14.3: Public Corruption original
    • 14.3.1: Articles on Nevada Attorney General Indictment of Nevada Lt. Governor case and dismissal (2008 – 2009) original
    • 14.3.2: New Mexico Attorney General Prosecutes Secretary of State (2015) original
    • 14.3.3: Articles on Former Pa AG Kane Convicted, Sentenced, Released from Jail (2016 – 2019) original
    • 14.3.6: Monthly CEPI Newsletter (formerly Corruption Newsletter), CEPI and NAGTRI (Further Research) original
    • 14.4.1: Delaware AG Jennings tells prosecutors to seek lesser prison sentences for some crimes, Delaware News Journal (Feb. 19, 2019) original
    • 14.4.2: Delaware AG Internal Charging Memo - "Fairness and Equality in the Criminal Justice System - Internal Policies" -February 15, 2019 original
    • 14.4.3: Delaware Attorney General Jennings trying to balance legal playing field Aug 5th, 2020, Mike Finney , Delaware State News, Aug 5, 2020 (Supplemental) original
    • 14.4.4: Black Delaware lawmakers, attorney general call for police accountability with proposed reforms Sarah Gamard Delaware News Journal, June 10, 2020 (Supplemental) original
    • 14.5: State Grand Jury Reports original
    • 14.5.1: Pa AG Grand Jury Report on Clergy Abuse (2018 – 2019) original
    • 14.5.2: Prosecutorial Investigations Using Grand Jury Reports: Due Process and Political Accountability Concerns Gregory Morrill, Colum. J.L. & Soc. Prob, 483- 512 (2011) original
    • 15: Police Misconduct original
    • 15.1: The Overlooked Potential of State AGs for Police Reform, Tony Woodlief, Governing Magazine, Opinion, June, 2020 original
    • 15.4: 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
    • 15.5: "Some want outside prosecution of police. Others say that’s a mistake," Dayton Daily News, Cornelius Frolick, Aug. 22, 2020 original
    • 15.6: Articles on AG Role in Police Shootings (2015 – 2016) original
    • 15.7: A Special Unit to Prosecute Police Killings Has No Convictions, Feb. 26, 2021, The New York Times original
    • 15.8: 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
    • 15.9: Letter of W. VA AG re: Proposed Community Police Review Advisory Board, March 4, 2021 original
    • 15.10: Attorney General James Files Lawsuit Against the NYPD for Excessive Use of Force | New York State Attorney General, January 14, 2021 original
    • 15.11: Filed Complaint - NY AG v. City of New York - Police Misconduct - January 14, 2021 original
    • 15.12: Chicago Police Consent Decree - 2016 - Ongoing original
    • 16.2.3: Orland Park dealt setback in lawsuit challenging COVID-19 restrictions - Chicago Tribune, August 4, 2020 original
    • 16.2.4: Appeals court again halts El Paso County shutdown of nonessential businesses - The Texas Tribune, Nov. 13, 2020 original
    • 16.4: State and Local Divide - Opioids original
    • 16.4.1: Opioid Settlement Offer Provokes Clash Between States and Cities - The New York Times - March 13, 2020 - Jan Hoffman original
    • 16.4.2: State of Ohio Mandamus Brief, National Prescription Opioid Litigation, 2019, (6th Circuit) original
    • 16.4.3: In the Opioid Litigation, It's Now the States v. Cities original
    • 16.4.4: WV counties, cities seek larger share of potential opioid settlement, Eric Eyre, Gazette Mail (Oct. 5, 2019) original
    • 16.4.6: Opioid Epidemic Settlement Offer, Worth $26 Billion, Gains Support - The New York Times - Nov. 5, 2020 - Jan Hoffman original
    • 16.4.7: 30 State Amicus Brief in Ok v. Opioid Manufacturers, Ok Sup Ct., Nov. 25, 2020 original
    • 17.3: History of conflict – inaction v. preemption original
    • 17.3.1: States Sue Over Acid Rain (Mar. 20, 1984) original
    • 17.3.2: They Warned Us About the Mortgage Crisis original
    • 17.3.3: Presidential Memorandum by President Barack Obama Regarding Federal Preemption of State Laws, May 20, 2009 original
    • 17.3.4: After Scaling Back Student Loan Regulations, Administration Tries to Stop State Efforts, New York Times (Sept 9, 2018) original
    • 17.3.5: Dept of Education Preemption of State School Loan, March 12, 2018 original
    • 17.3.6: Pennsylvania v Navient (3d Cir 2020), July 27, 2020 original
    • 17.4.2: Federal Judge Rules In Favor Of FTC Challenge To Sysco And US Foods Merger - June 23, 2015 - Forbes original
    • 17.4.3: The Justice Department has filed its antitrust lawsuit against Google: TechCrunch, October 20, 2020 original
    • 17.5.1: Multistate Actions Against the Fed Government, Website of Prof. Paul Nolette, Marquette University (For Reference) original
    • 17.5.2: Texas vs. the Feds — A Look at the Lawsuits, Texas Tribune, Jan. 11, 2017 original
    • 17.5.3: Bob Ferguson Sued the Trump Administration 82 Times. What's He Going to Do Now? || chronline.com - Seattle Times, Nov. 14, 2020 original
    • 17.7.1: Massachusetts v. Environmental Protection Agency (2007) original
    • 17.7.2: U.S. Attorney General Sessions Releases Memorandum on Litigation Guidelines for Nationwide Injunctions, Sept. 13, 2018 original
    • 18: Non-Profit Corporations, Charities, and Foundations original
    • 18.1: The Nonprofit Sector in Brief 2019, National Center for Charitable Statistics, The Urban Institute, June, 2019 original
    • 18.2: State Regulation and Enforcement in the Charitable Sector, Cindy Lott, et. al., Urban Institute, 2016 (Reference) original
    • 18.3: AAG Bob Carlson, Missouri, Assistant Attorney General, Chapter 12, "Protection and Regulation of Nonprofits and Charitable Assets", State Attorneys General Powers and Responsibilities (2018) original
    • 18.4: Texas Attorney General, A Guide to Charitable Trust Case Review (2010) original
    • 18.5: Various Attorney General Non Profit cases (2003-2019) original
    • 18.8.1: Buffalo Diocese Accused of Years long Cover-Up of Sexual Abuse - The New York Times - Nov. 23, 2020 original
    • 18.10.1: Attorney General James Files Lawsuit to Dissolve NRA - New York State Attorney General- Aug 6, 2020 original
    • 18.10.2: "New York's Attorney General Shouldn't Dismantle the NRA," Bloomberg, Noah Feldman, August 6, 2020 original
    • 18.10.3: NY Complaint against NRA (Supplemental Reading) original
    • 18.10.4: NRA reports alleged misspending by current and former executives to IRS - The Washington Post - Nov. 25, 2020 original
    • 18.10.5: NRA v. NYAG - State Amicus Brief on behalf of NRA - Filed by 17 GOP AG's - US Dist. Court (N.District of NY) - Dec. 20, 2020 original
    • 15.13: NJ issues sweeping changes on how police can use force, Dec 21, 2020, NJ.Com - AG Gubir Grewal original
    • 15.14: Use of Force Policy, New Jersey Department of Law and Public Safety, December 21, 2020 original
    • 16.2.1: Texas evictions can't be hindered by coronavirus orders, Ken Paxton says | The Texas Tribune, August 7, 2020 original
    • 16.2.2: Governor Drops Lawsuit Against Atlanta Mayor Over Masks, But Fight May Not Be Over : Coronavirus Updates : NPR - Aug 13, 2020 original
    • 17.1: "Federalism 3.0," Heather K. Gerken, California Law Review. Vol. 105:1695, 2017 original
    • 17.2: A State Is a ‘They,’ Not an ‘It’: Intrastate Conflicts in Multistate Challenges to the Affordable Care Act 2019 BYU L. Rev. 1471 (2020) Anthony Johnstone University of Montana School of Law, October 5, 2020 original
    • 18.6: Trump Foundation Articles (2016 – 2019) original
    • 18.9: Why New York is suing the NRA: 4 questions answered August 7, 2020, The Conversation, Brian Mittendorf, Ohio State University original
    • 16.3.3: Washington State Attorney general says sheriffs must enforce the law - CNN (Feb 13, 2019) original
    • 16.3.4: Columbus And Dayton Sue Ohio Attorney General To Force Fix Of Gun Background Checks – CBS Pittsburgh - Nov. 9, 2020 original