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Litigation and Legal Advice: Co-ordination and Control

Terence Daintith and Alan Page

in The Executive in the Constitution: Structure, Autonomy, and Internal Control

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268703
eISBN:
9780191683558
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268703.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter asks how legal advice is co-ordinated and controlled. It begins with a discussion of the Law Officers, prosecutors, and civil litigation. In considering how the Law Officers act to give ... More


Enforcement of the Second Act: Lincoln and Bates

John Syrett

in The Civil War Confiscation Acts: Failing to Reconstruct the South

Published in print:
2005
Published Online:
September 2011
ISBN:
9780823224890
eISBN:
9780823240852
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823224890.003.0004
Subject:
History, American History: 19th Century

Lincoln acknowledged the importance of the second act in a number of instances in the weeks after its passage. He and Attorney General Edward Bates chose not to implement the law vigorously. The ... More


Federal Prosecutors and the Power of the Attorney General

Angela J. Davis

in Arbitrary Justice: The Power of the American Prosecutor

Published in print:
2009
Published Online:
March 2012
ISBN:
9780195384734
eISBN:
9780199852369
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195384734.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter concentrates on federal prosecutions and the unique issues and problems they present. It begins by presenting the role of the federal prosecutor. The extent to which federal prosecutors ... More


The Conservative Case for Private Enforcement

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0004
Subject:
Law, Constitutional and Administrative Law

Markets need rules. Who is the best policeman? Drawing on the work of Gary Becker and George Stigler, as well as conservative and libertarian theories of privatization from the “Chicago School” and ... More


The Attorney General Reigns Supreme

Daniel Friedmann

in The Purse and the Sword: The Trials of Israel's Legal Revolution

Published in print:
2016
Published Online:
August 2016
ISBN:
9780190278502
eISBN:
9780190278533
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190278502.003.0026
Subject:
Law, Comparative Law, Legal History

This chapter argues that the Supreme Court has elevated the position of the attorney general from the government’s counsel to its commander in chief by holding that his opinions are binding on the ... More


Conclusion

Lord Denning

in The Due Process of Law

Published in print:
1980
Published Online:
March 2012
ISBN:
9780406176080
eISBN:
9780191705113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780406176080.003.0008
Subject:
Law, Constitutional and Administrative Law

The process of contempt of court is designed to secure that every person has a fair trial. It is a procedure by which the court condemns any conduct which tends to prejudice a fair trial. The present ... More


The Politics of Justice and Security

Geoffrey Marshall

in Constitutional Conventions: The Rules and Forms of Political Accountability

Published in print:
1987
Published Online:
March 2012
ISBN:
9780198762027
eISBN:
9780191695179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198762027.003.0008
Subject:
Law, Constitutional and Administrative Law

Questions about the desirable extent of political accountability for the actions of those who are in charge of the machinery of justice, and in particular, the mechanisms of prosecution and law ... More


The Conservative Case for Class Actions

Brian T. Fitzpatrick

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.001.0001
Subject:
Law, Constitutional and Administrative Law

This book argues that political conservatives and libertarians should embrace class action lawsuits as the best way to police the marketplace. Contrary to common misperceptions, conservatives and ... More


Refusing to answer questions

Lord Denning

in The Due Process of Law

Published in print:
1980
Published Online:
March 2012
ISBN:
9780406176080
eISBN:
9780191705113
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780406176080.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter discusses a case of intense public interest in which two journalists refused to answer questions asked of them in the witness-box. As a result, they were sent to prison. This chapter ... More


The Legislation of Morality and the Problem of Pain

George Anastaplo

in Reflections on Life, Death, and the Constitution

Published in print:
2009
Published Online:
September 2011
ISBN:
9780813125336
eISBN:
9780813135243
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813125336.003.0023
Subject:
Political Science, American Politics

This chapter discusses the “classic” experiment with the regulation of substance abuse culminated in the provision in the Eighteenth Amendment. It illustrates the problem in the case of Gonzales v. ... More


The Conservative Case against Private Enforcement

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter canvasses the major arguments made by conservatives, libertarians, and business interests against private enforcement of the law. Some opposition is due not so much to who the enforcer ... More


The Struggle for Justice in the Internment Process

Mary Elizabeth and Basile Chopas

in Searching for Subversives: The Story of Italian Internment in Wartime America

Published in print:
2017
Published Online:
January 2019
ISBN:
9781469634340
eISBN:
9781469634364
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469634340.003.0004
Subject:
History, American History: 20th Century

Chapter 3 examines the alien enemy hearings, exploring the question of what process is due enemy aliens through legal constitutional theories concerning aliens’ rights. After comparing the alien ... More


State Office as a Support Structure for Conservative Legal Activism

Ben Merriman

in Conservative Innovators: How States Are Challenging Federal Power

Published in print:
2019
Published Online:
January 2020
ISBN:
9780226620282
eISBN:
9780226620459
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226620459.003.0002
Subject:
Political Science, American Politics

The conservative legal movement reshaped the American judiciary and made litigation a central feature of modern conservative strategy. This chapter describes how state attorneys general allied with ... More


Three Case Studies in Political Control

Banks Miller and Brett Curry

in U.S. Attorneys, Political Control, and Career Ambition

Published in print:
2018
Published Online:
December 2018
ISBN:
9780190928247
eISBN:
9780190928278
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190928247.003.0002
Subject:
Law, Legal Profession and Ethics

This chapter explores three periods in the development of the relationship between U.S. Attorneys (USAs) and the Department of Justice. The first case study considers the executive branch’s use of ... More


The Prosecutor as Regulatory Agency

Rachel E. Barkow

in Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814787038
eISBN:
9780814709375
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814787038.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter examines the capacity of both state attorney generals and federal prosecutors to act as regulators based on democratic accountability, institutional competence, and procedural ... More


A Question of Degree

in Constitutional Conscience: The Moral Dimension of Judicial Decision

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226677255
eISBN:
9780226677309
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226677309.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter examines how a constitutional decision maker might go about making interpretive choices in addressing a constitutional question that is open to more than one plausible answer. It focuses ... More


Obscenity and indecency

Ashbee Edward

in The Bush Administration, Sex and the Moral Agenda

Published in print:
2007
Published Online:
July 2012
ISBN:
9780719072765
eISBN:
9781781701294
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719072765.003.0006
Subject:
Political Science, American Politics

This chapter discusses the policies of George W. Bush against indecency and obscenity. It explains the impact of the appointment of John Ashcroft as Attorney-General on these policies, and cites data ... More


Dialogue with the Attorney General’s Office

David Scharia

in Judicial Review of National Security

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199393367
eISBN:
9780199393398
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199393367.003.0010
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter focuses on the dialogue that takes place between the Israeli Supreme Court and the Attorney General’s Office, particularly the use the Court makes of dialogue with attorneys who appear ... More


The Court Spy

William Marvel

in Lincoln's Autocrat: The Life of Edwin Stanton

Published in print:
2015
Published Online:
January 2016
ISBN:
9781469622491
eISBN:
9781469623313
Item type:
chapter
Publisher:
University of North Carolina Press
DOI:
10.5149/northcarolina/9781469622491.003.0007
Subject:
History, American History: Civil War

This chapter examines Edwin M. Stanton's secret communication with the Buchanan administration's political enemies in the North, to whom he routinely revealed the confidential discussions of the ... More


Why Private Enforcement Needs Class Actions

Brian T. Fitzpatrick

in The Conservative Case for Class Actions

Published in print:
2019
Published Online:
May 2020
ISBN:
9780226659336
eISBN:
9780226659473
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226659473.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter argues that private enforcement of the law needs class action lawsuits in order to be effective. For small injuries—known as “negative expected value claims”—the only possible private ... More


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