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Feeney v. Commonwealth, 366 N.E.2d 1266 (1977)
The Massachusetts Supreme Court in Feeney v. Commonwealth, 373 Mass. 359, 366 N.E.2d 1266 (1977), expressly gave its state attorney general the authority to control all litigation -- even over the objection of the Governor and state agencies. Although this case reflects the majority rule, the issue is continually revisited in litigation, in statute and in legislative budgetary authority with the issue often resolved on an agency by agency basis. This semester, we will explore the impact of 2022 USSC and state supreme court opinions on this seminal case.
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