The Federalist Society

The Role of the State Attorney General - Podcast

Federalism & Separation of Powers Practice Group

May 20, 2010

John C. Eastman, Donald B. Stenberg, James E. Tierney, R. Ted Cruz

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  The Role of the State Attorney General  - MP3
Running Time: 00:56:43

Practice Groups PodcastsThe proper role of the state attorneys general is a recurring question for the national legal community. How should state attorneys general exercise their power? What are the limits of their authority in the enforcement of federal statutes or regulations? Does this sort of activity simply fill a vacuum, or does it usurp federal decision-making? Should state AGs be involved in matters that have extra-territorial effect? What are the limits on settlement of matters, particularly concerning businesses, that impose future management requirements? Under what circumstances, if any, should state AGs hire outside counsel to assist in their enforcement? These and other questions will be considered by our panel of experts.


  • Dr. John Eastman, Candidate for California State Attorney General and former Dean, Chapman University School of Law
  • Hon. Donald B. Stenberg, Erickson & Sederstrom and former Nebraska State Attorney General
  • Hon. James E. Tierney, Director of the National State Attorneys General Program, Columbia Law School and former Maine State Attorney General
  • Moderator: Hon. Ted Cruz, Morgan Lewis and former Candidate for Texas Attorney General

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Related Links

The Plaintiffs’ Bar’s Covert Effort to expand State Attorney General Federal Enforcement Power by Victor E. Schwartz & Christopher E. Appel, Washington Legal foundation, July 2009 (PDF)
Governments’ Hiring of Contingent Fee Attorneys Contrary to Public Interest by (PDF)
“Federalism, Separation of Powers, and the Role of State Attorneys General in Multistate Litigation” by Jason Lynch, Columbia Law Review, December 2001 (PDF)
The State Attorney General and Preemption by Trevor W. Morrison, Cornell Law Faculty Publications, 2008

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