Week 9 – March 30, 2020
Attorney General Opinions
Syllabus: The Role of the State Attorney General
All State Attorneys General have the authority to issue formal opinions. They provide advice on issues large and small to government actors, from municipalities up to the Governor. This section reviews that authority, and the factors that go into when, and when not, to issue an Attorney General opinion. The class will end in a series of a rapid-fire hypotheticals in which everyone will be asked to vote on whether or not you would issue an opinion if you were the AG.
This week, in the first half of the class, we will be joined by Pennsylvania Attorney General, Josh Shapiro.
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Introduction: James Tierney, AG's and Opinions, Harvard Law School, March 30, 2020 (YouTube).
- Emily Myers, Antitrust Chief Counsel, NAAG; Andy Bennett, Judge, Tennessee Court of Appeals, Chapter 5, Opinions, State Attorneys General Powers and Responsibilities (2019).
- 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).
- Jeff Schapiro, "Virginia Attorney General Ken Cuccinelli was just doing his job," Richmond Times-Dispatch (September 16, 2012) (supplemental reading).
- Selected Attorney General Opinions (2007 - 2019).
- What's Your Opinion? Opinion Hypotheticals.