Syllabus

In 2000, James E. Tierney developed a seminar course at Columbia Law School on The Role of the State Attorney General.  Professor Tierney continues to teach variations of this seminar and is currently offering it at Harvard Law School with former Maine Solicitor General, Peter Brann.

The syllabus here is for Professors Tierney and Brann's Spring 2021 course at Harvard Law School, available in HTML (below and to the right) and as PDF download (via the button below). This course is also on H20 Casebook.

The Role of the State Attorney General

Harvard Law School
Spring 2020

Professor Peter Brann
Lecturer in Law, Harvard Law School
Former Lecturer in Law, Columbia Law School
Solicitor General and Assistant Attorney General in Maine (1981 – 1999)

Professor James E. Tierney
Lecturer-in-Law, Harvard Law School
Former Lecturer in Law, Yale and Columbia Law School
Former Director of the National State Attorney General Program at Columbia Law School (2004 – 2015)
Attorney General of Maine (1980 – 1990)

Note: Syllabus is subject to change depending on developing issues and the schedules of visiting speakers

Introduction

The roots of the Office of State Attorney General run deep in American jurisprudence. All 13 American colonies had an Attorney General and today all 50 States and the District of Columbia have opted to provide legal services through an Office of State Attorney General. Each office possesses broad jurisdiction and to varying degrees is independent from the executive branch of state government. Attorneys General in 43 states are elected statewide on a partisan basis. The combination of sweeping jurisdiction and constitutional independence has given rise to a unique American legal institution of growing importance.

The course will cover the day-to-day challenges faced by Attorneys General and their staffs in delivering the high quality legal advice that will guide state government in a constitutional and ethical manner. The course will also cover the relationship of Attorneys General with the federal government, the private bar, and a myriad of advocacy organizations. It will focus on some of the most controversial legal issues affecting society today because Attorneys General operate at the intersection of law and public policy. Although Attorneys General have been in the news almost daily with lawsuits against Presidents Obama and Trump, the focus of this class is not on suing or defending the President.

Although each State is unique, the course will demonstrate the remarkable congruence that exists among State Attorneys General when addressing similar challenges and issues. Unlike private and other government lawyers, who work subject to ethical rules that defer decision-making to agency “clients,” the 13,000 men and women who serve in Attorneys General offices represent the “public interest.”

This Syllabus contains federal and state statutes and case law, law review and descriptive articles from a variety of sources, and hypotheticals that describe the nature and function of the Office of State Attorney General. The numerous hypotheticals are drawn from actual cases which, because of their nature, have not been studied or, in most cases, ever made public. The materials have been collected from over 40 years of studying and participating in the decision making of Attorneys General and their staffs.

Students are evaluated based upon either a final take-home examination or, if approved by the instructors, a paper. For the readings that are marked “supplemental reading,” these are optional readings to enable you to take a deeper dive into that week’s topic.

Class attendance each week is required. Additionally, students can improve their grades based upon class participation and each student is expected to participate in some fashion each week in class. Because many, if not most, of the decisions of Attorneys General and their staff are based upon judgment, and thus are not obviously right nor wrong, we work to create an atmosphere in which both extroverts and introverts, and students of differing political perspectives, feel comfortable contributing diverse viewpoints to the class discussion.

In anticipation of the first class, we urge students to watch this video: A Brief Introduction to the World of State Attorneys General, AG 101: Intro to State AGs, StateAG.org.

We enjoy meeting with students, and encourage everyone to visit us at our office to discuss the class, your interests and aspirations, or the world in general. Please go to the following link to schedule office hours: HLS: Office Hours: Jim Tierney.

Harvard Law School is dedicated to facilitating equal access for students with disabilities and to cultivating a campus culture that is sensitive and responsive to the needs of students. To request an accommodation for a disability during the course, students should reach out to Student Support Services in the Dean of Students Office at studentsupport@law.harvard.edu or at 617-495-1880, or visit the office in WCC 3039. Additional information, including how to register for accommodations can be found at HLS: Accessibility Services Resources.

Teaching Schedule

In 2020–21, Professors Tierney and Brann are teaching a seminar entitled "The Role of the State Attorney General" in both the Fall and Spring semesters at Harvard Law School.