LAW 459 - Government Lawyers

An examination of how government lawyers shape policy in-and-outside of court. In part, the course will look at the different roles that government lawyers play-speaking the government’s voice in court and shaping government decision-making (drafting statutes and regulations, advising presidents/governors, etc.). The course will also examine whether litigation authority should be centralized in the Department of Justice or spread out among agencies, whether the U.S. Attorney General or state Attorneys General have a duty to defend statutes they think unconstitutional, and the competing incentives of careerists and political appointees. In pursuing these objectives, we will meet with current/former government lawyers, including lawyers who work in the federal government (the White House, the Congress, the Department of Justice, independent agencies) and for state/local governments (district attorney, state solicitors general). Students will write three (800-1,000 word) reaction papers.