Week 2- Litigation Control and the Role of the Attorney General | gnh2104 | September 09, 2011


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Week 2- Litigation Control and the Role of the Attorney General

Original Creator: thgrayson Current Version: gnh2104 Show/Hide
Although the office of state attorney general has existed in every state since the signing of the U.S. Constitution, there is still vigorous debate as to the degree state attorneys general control state litigation. This Chapter explores the common law and statutory rights of attorneys general within the divided executive. EDIT PLAYLIST INFORMATION DELETE PLAYLIST

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  1. 1 Show/Hide More Break Up the Presidency?: Governors, State Attorneys General, and Lessons from the Divided Executive
    Original Creator: thgrayson

    The issue of attorney general litigation control remains in dispute. Attorneys general are often “directed” by other branches of state government to take positions in litigation or, in some cases, to withdraw from litigation.

    The majority rule is that the attorney general retains control over litigation and that “client” agencies do not have the final word. This means that although a part of the state executive branch, state attorneys general are not required to follow instructions from the governor or other executive agencies.

    A 2006 law review article by William Marshall is one of the few that explores the historical and policy reasons for the majority rule that states attorneys general control litigation.

  2. 2 Show/Hide More Majority Rule
    Original Creator: thgrayson
  3. 3 Show/Hide More Minority Rule
    Original Creator: thgrayson
  4. 4 Show/Hide More State AGs Refuse to Defend Statutes
    Original Creator: thgrayson
    Attorneys general are often called upon to “confess judgment” or refuse to appeal when they believe that a state law or practice violates the state or federal constitution.
  5. 5 Show/Hide More Investigation by Delaware Attorney General
    Original Creator: thgrayson
    Attorneys general are from time to time called upon to actually investigate and litigate against state agencies who are also their day-to-day “clients.”
  6. 6 Show/Hide More Changing Sides Mid-Litigation
    Original Creator: thgrayson
    Attorneys general are also from time to time called upon to actually change sides in the middle of litigation.
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