Main Content
Content from the following sources has been used in the creation of this casebook:
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State Attorney General Generic Casebook
(First published May 2023)Authors:
Including material from the following sections:
- 1: State Attorney General Overview
- 2.3.2: Fla. ex rel. Shevin v. Exxon Corp., 526 F.2d 266 (5th Cir. 1976) (edited)
- 2.5: Supplemental Reading
- 3.5.2: State of Arizona, ex rel Brnovich v. AZ Bd of Regents, 476 P.3d 307 (Ariz. 2020) (edited)
- 3.5.3: Iowa AG office can defend Kim Reynolds against Foxhoven while defending Foxhoven in another suit, Des Moines Register (Mar. 18, 2022)
- 3.5.4: ID Agency Sues AG over Childcare Grant Investigation, Boise State Public Radio News (Mar. 23, 2023)
- 4: State Attorneys General Duty to Defend
- 5.6: Supplemental Reading
- 6.2.3: U.S. Attorney General Memo on Nationwide Injunctions (Sept. 2018)
- 6.4.7: Jim Tierney Lecture on State-Federal Relationship (Apr. 13, 2020)
- 6.5: Supplemental Reading
- 7.9.2: State Attorney General Consumer Protection Activity, NAAG website
- 7.9.3: NY AG Encourages Consumers to Test Internet Speeds as Part of AG Investigation, NY AG website (Feb. 16, 2017)
- 7.9.4: NY AG Announces Record $174.2 Million Consumer Fraud Settlement With Charter For Defrauding Internet Subscribers, NY AG website (Dec. 18, 2018)
- 7.9.5: Bipartisan Corporate Crime Fighting by the States, goodjobs.org (Sept. 2019)
- 7.9.6: O.H. Skinner, Fixing Consumer Protection Enforcement, Harv. J. Law & Public Policy (Dec. 5, 2022)
- 7.9.7: IA AG Tom Miller's Career Helped Reshape the Nation's Legal Landscape, Governing (Jan. 3, 2023)
- 8: Tobacco and State Attorneys General
- 9: Outside Counsel and State Attorneys General
- 10.4.3: Dan Schweitzer, Who Argues for the States in the U.S. Supreme Court, NAGTRI Journal (Nov. 2017)
- 10.4.4: Women Litigators See More Job Prospects with State SG Offices, U.S. Law Week (Feb. 11, 2019)
- 10.4.5: The journey from Wisconsin to Texas and the ruling that struck down the ACA, Houston Chronicle (Jan. 11, 2019)
- 10.4.7: Stephen Vladek Amicus Brief in United States v. Texas, U.S. Supreme Court (July 13, 2022)
- 10.4.8: The Constitutional Role of the State Solicitor General, Nat'l Constitution Center (Mar. 24, 2023)
- 11.2.3: A Cyberattack Illuminates the Shaky State of Student Privacy, N.Y. Times (July 31, 2022)
- 11.3.1: Emily Myers, State Attorneys General Powers and Duties, NAAG, Ch. 15 (Antitrust) (2018)
- 11.3.5: DOJ, States Win Bid to Block American, JetBlue Alliance, Wash. Post (May 19, 2023)
- 11.4.1: Uber to pay $148 million to settle data breach cover-up with U.S. states, Reuters (Sept. 26, 2018)
- 11.4.2: California v. American Stores Co., 495 U.S. 271 (1990) (edited)
- 11.4.3: WV settles antitrust lawsuit with paving companies for $101M, Herald-Dispatch (Oct. 30, 2020)
- 11.4.4: AG Ferguson investigation shuts down Amazon price-fixing program nationwide, WA AG website (Jan. 26, 2022)
- 11.4.6: AGs Cut $102M Deal With Indivior In Suboxone Antitrust Case, Law360 (June 2, 2023)
- 11.4.7: To Your Health - AG Antitrust Role-Playing Hypothetical
- 12.6.2: VT AG refiles for the third time a major case dropped by Chittenden County prosecutor, VTDigger (Mar. 19, 2021)
- 12.6.3: MO AG is taking an outsized role in opposing innocence cases, KCUR (Dec. 23, 2022)
- 12.6.4: State of Hawai'i v. Peters (Bishop Trust) (HI Cir. Ct., Mar. 23, 1999)
- 12.6.5: George Will, Is it Bribery or Just Politics, Wash. Post (Feb. 12, 2012)
- 12.6.6: TX AG Tried to Indict Elections Official, Texas Tribune (Dec. 20, 2021)
- 12.6.8: Over 1900 Minors Abused in Illinois, State Say, N.Y. Times (May 23, 2023)
- 13.4.1: DE AG Memo on Criminal Justice Reforms (Feb. 19, 2019)
- 13.4.2: DE AG Jennings trying to balance legal playing field, Bay to Bay News (Aug. 5, 2020)
- 13.4.3: Liberal Prosecutors Are Revisiting Police Killings but Charging Few Officers So Far, N.Y. Times (Jun 8, 2023)
- 13.4.5: For a Notorious PD, this Killing was the Last Straw, N.Y. Times (May 30, 2023)
- 13.4.6: Isaac Lara, Shielded from Justice, 50 Colum. J.L. & Soc. Probs. 551 (2017)
- 14.2.4: In a Contentious Lawmaking Season, Red States Got Redder and Blue Ones Bluer, N.Y. Times (June 4, 2023)
- 14.3.2: Lauren Phillips, Impeding Innovation, State Preemption of Progressive Local Regulations, 117 Colum. L. Rev. 2225 (2017) (edited)
- 14.5.6: $640M Question: 'What Did McKinsey Get' In Big Opioid Deal?, Law360 (Mar. 31, 2022)
- 14.7.2: Opinion, TX is Silencing the Will of Millions, N.Y. Times (June 3, 2023)
- 14.7.3: Orland Park dealt setback in lawsuit challenging COVID-19 restrictions, Chicago Tribune (Aug. 4, 2020)
- 14.7.4: Appeals court again halts El Paso County shutdown of nonessential businesses, Texas Tribune (Nov. 13, 2020)
- 14.7.5: MO AG sues to stop St. Louis from using public money to ensure abortion access, KCUR NPR (July 22, 2022)
- 14.7.6: MO AG Motion for Preliminary Injunction on Abortion Access, Mo. Cir. Ct. (July 21, 2022)
- 14.7.7: NM locales pass more anti-abortion ordinances than other states, NM Political Report (May 15, 2023)
- 14.7.8: Ky. Restaurant Assoc. v. Louisville/Jefferson Cty. Metro Gov't, 501 S.W.3d 425 (Ky. 2016) (local minimum wage invalidated) (edited)
- 14.7.9: Graco, Inc. v. City of Minneapolis, 937 N.W.2d 756 (Minn. 2020) (local minimum wage upheld) (edited)
- 15.3.2.2: NY v. NRA, John Commerford Affidavit (Mar. 8, 2023)
- 15.4: Supplemental Reading
- 16: State Attorney General Opinions
- 17.1: Introduction
- 17.2: Attorney General Labor Law Authority
- 17.3: Attorney General Enforcement Actions
- 17.4: Supplemental Reading
- 18: State Attorney General Role-Playing Hypotheticals
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The Role of the State Attorney General
(First published Jan 2020)Authors:
Including material from the following sections:
- 2: State Attorney General Authority and Culture
- 3: The Structure of the Office of State Attorney General
- 5: Ethics and State Attorneys General
- 6: State Attorneys General Relationship with Federal Government
- 7: Consumer Protection and State Attorneys General, incl. Multistate Actions
- 9.3.1: SC Gov MacMaster Objects to Plutonium Settlement and $75 million legal fees, Charlotte Observer (Aug. 31, 2020)
- 9.3.2: NC AG brings in national law firm for PFAS investigation, Chemours, (Aug. 12, 2020)
- 9.4.1: NM Attorney General unveils changes on hiring private lawyers, Albuquerque Journal (Mar. 30, 2015)
- 9.4.2: American Legislative Exchange Council (ALEC), Private Attorney General Retention Sunshine Act
- 9.5.1: It's the 90's, Counselor: 'Superfluous' Fees Denied, N.Y. Times (Aug. 14, 1992)
- 9.5.5: NJ AG Procedures for Retaining Outside Counsel
- 10: Supreme Court and State Attorneys General
- 12: Criminal Authority and State Attorneys General
- 13.2.1: DE AG Jennings tells prosecutors to seek lesser prison sentences for some crimes, Delaware News Journal (Feb. 19, 2019)
- 13.3: Police Misconduct
- 14.2.1: Pew Research Center, What Unites and Divides Urban, Rural and Suburban Communities (May 22, 2018) (edited)
- 14.2.2: How the Urban-Rural Divide Became America’s Political Fault Line, N.Y. Times (May 21, 2019)
- 14.5.2: WV counties, cities seek larger share of potential opioid settlement, Charleston Gazette Mail (Oct. 5, 2019)
- 14.5.5: Ohio Motion to Dismiss Local Lawsuits, In re McKinsey Opiate Consultant Litigation (N.D. Cal. Jan. 3, 2022)
- 15: Non-Profit Corporations, Charities, Foundations and State Attorneys General
The Role of the State Attorney General incorporates additional material from:
- SB SANDBOX: The Role of the State Attorney General-Harvard Law School-Fall. 2022 (first published Aug 2022) with contributions from:
- The Role of the State Attorney General - Harvard Law School -Spring, 2021 (first published Aug 2023) with contributions from:
- The Role of the State Attorney General-Harvard Law School-Spring 2023 (first published Dec 2022) with contributions from:
- The Role of the State Attorney General-Harvard Law School-Fall. 2022 (first published Aug 2023) with contributions from:
- The Role of the Government Lawyer - Bates College - Short Term 2023 (first published Mar 2023) with contributions from:
- The Role of the State Attorney General - Harvard Law School - Fall, 2020 (first published Feb 2024) with contributions from:
-
The Role of the Government Lawyer - Bates College - Short Term 2023
(First published Mar 2023)Authors:
Including material from the following sections:
- 2.1: Introduction
- 2.2: Overview of Responsibility
- 2.3: Overview of Authority
- 2.4: Pushback on Responsibility and Authority
- 3.1: Introduction
- 3.2: Historical Differences in the Role of the Attorney General
- 3.3: Modern Litigation on the Role of the Attorney General
- 3.4: Who is the Client? A role playing hypothetical
- 3.5.6: DA refers prison sex abuse probe to state attorney general's office, Times-Tribune (Jan. 7, 2017)
- 5.1: Introduction
- 5.2: Ethical Rules and Government Lawyers
- 5.3: Attorneys General Ethical Dilemnas
- 5.4: Ethics Complaints Against Government Lawyers
- 6.1: Introduction
- 6.2.1: States Sue Over Acid Rain, UPI (Mar. 20, 1984)
- 6.2.2: Obama Preemption Executive Order (May 20, 2009)
- 6.2.4: After Scaling Back Student Loan Regulations, Administration Tries to Stop State Efforts, N.Y. Times (Sept. 6, 2018)
- 6.2.5: U.S. Dep't of Education Preemption of State School Loan Regulation, 83 Fed. Reg. 10619 (Mar. 12, 2018)
- 6.2.6: Pennsylvania v Navient Corp, 967 F.3d 273 (3d Cir. 2020) (edited)
- 6.3.1: Ohio AG Yost Files Suit Alleging Massive Robocall Scheme - FCC Joins Fight in Related Action, OH AG website (July 7, 2022)
- 6.3.2: Del. AG Jennings Announces Major Settlement With Former Top Mortgage Lender Over Allegations Of Redlining, DE AG website (July 27, 2022)
- 6.4.6: Stephen Vladek Amicus Brief in United States v. Texas, U.S. Supreme Court (July 13, 2022)
- 7.1: Introduction
- 7.5: Civil Investigative Demand (CID) Authority
- 7.6.2: Judge Finds Comcast Violated the Consumer Protection Act Nearly Half a Million Times, WA AG website (June 6, 2019)
- 7.7.4.1: Introduction
- 7.7.4.2: Multistate Negotiation Hypothetical
- 7.8.1: AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011) (edited)
- 7.8.2: Rent-A-Center, Inc. v. Iowa Civil Rights Commission, 843 N.W.2d 727 (Iowa 2014) (edited)
- 7.9: Supplemental Reading
- 9.2.1: State of Rhode Island v. Lead Industries Ass'n, 951 A.2d 428 (R.I. 2008) (Track V) (edited)
- 10.1: Introduction
- 10.2: Role of States in Supreme Court
- 10.3: Unique Status of States in Supreme Court
- 10.4.2: Dan Schweitzer, Top 10 Reasons to have a State Solicitor General
- 10.4.6: Arizona v. Biden, 31 F.4th 469 (6th Cir. 2022) (Sutton, C.J.) (edited)
- 11: Privacy, Antitrust, and State Attorneys General
- 12.1: Introduction
- 12.2.5: Behind Keith Ellison's Tough-on-Crime Turn, The Intercept (Apr. 13, 2023)
- 12.2.6: DA Moriarty Criticizes MN AG Ellison for Taking Away Juvenile Case (Apr. 2023)
- 12.4.3: Former PA AG Kane Reports to Jail (Nov. 29, 2018)
- 12.4.5: Political Ad on NV AG Indicting Lt. Gov. (Oct. 25, 2016)
- 12.5: Grand Jury Reports
- 12.6.1: Idaho AG Wasden explains why deputies who shot rancher won't be charged (Apr. 15, 2018)
- 13: Criminal Justice Reform, Police Misconduct, and State Attorneys General
- 14.1: Introduction
- 14.3: Local v. State Authority
- 14.4.1: VA AG Opinion on Gun Sanctuary Cities (Dec. 20, 2019)
- 14.4.3: SC AG Opinion on Columbia Gun Ordinance (Dec. 3, 2019)
- 14.4.4: SC AG wins lawsuit against the City of Columbia over city gun laws (May 4, 2021)
- 14.4.5: OH AG and Columbus locked in court dispute over extent of local firearm authority, Ohio Capital Journal (Jan. 24, 2023)
- 14.6: Not In My Backyard! - Local v. State Hypotheticals
- 14.7: Supplemental Reading
- 15.1: Introduction
- 15.2: Overview and Attorney General Authority
- 15.3: Attorney General Non-Profit Cases
- 17: Labor Law Enforcement and State Attorneys General
The Role of the Government Lawyer - Bates College - Short Term 2023 incorporates additional material from:
- The Role of the State Attorney General-Harvard Law School-Fall 2021 (first published Aug 2021) with contributions from:
- The Role of the State Attorney General-Harvard Law School-Fall. 2022 (first published Aug 2023) with contributions from:
- SB SANDBOX: The Role of the State Attorney General-Harvard Law School-Fall. 2022 (first published Aug 2022) with contributions from:
- The Role of the State Attorney General - Harvard Law School - Fall, 2020 (first published Feb 2024) with contributions from:
-
The Role of the State Attorney General-Harvard Law School-Spring. 2022
(First published Jan 2022)Authors:
Including material from the following sections:
- 6.2: History of Conflict – Inaction v. Preemption
- 6.3: State and Federal Cooperation
- 6.4: States sue President
- 9.3.3: DeSantis taps D.C. law firm billing $725 an hour to defend culture war laws, Orlando Sentinel (June 17, 2022)
- 10.3.5: U.S. Attorney General Memo on Nationwide Injunctions (Sept. 2018)
- 10.4: Supplemental Reading
- 11.4: Supplemental Reading
- 12.2.4: Heather Cox Richardson, Role of the GA AG in the Arbery Prosecution (Nov. 26, 2021)
- 13.3.1: What you need to know about the cost of police misconduct, Wash. Post (Mar. 10, 2022)
- 13.3.4: MN county attorneys: State AG office should handle police deadly force cases, MPR News (June 5, 2020)
- 13.3.10: NJ AG releases names of disciplined police officers, MyCentralJersey.com (Aug. 11, 2021)
- 13.4.4: NY AG James Files Lawsuit Against NYPD for Excessive Use of Force (Jan. 2021)
- 14: State Attorneys General Relationship with Local and County Government
The Role of the State Attorney General-Harvard Law School-Spring. 2022 incorporates additional material from:
- SB SANDBOX: The Role of the State Attorney General-Harvard Law School-Fall. 2022 (first published Aug 2022) with contributions from:
- The Role of the Government Lawyer - Bates College - Short Term 2023 (first published Mar 2023) with contributions from:
- The Role of the State Attorney General-Harvard Law School-Spring 2023 (first published Dec 2022) with contributions from:
- The Role of the State Attorney General - Harvard Law School - Fall, 2020 (first published Feb 2024) with contributions from:
- The Role of the State Attorney General-Harvard Law School-Fall. 2022 (first published Aug 2023) with contributions from:
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