Tierney Blog

The State Center Consumer Protection Report (Oct. - Nov. 2016 Edition)

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We are pleased to announce the inaugural issue of The State Center Consumer Protection Report. Published by the The Center for State Enforcement of Antitrust and Consumer Protection Laws (“State Center”) in partnership with StateAG.org, the Consumer Protection Report is a monthly compilation of  press releases on local and national consumer protection enforcement efforts, including investigations, lawsuits, consumer alerts and advocacy initiatives by state attorneys general.

State Center/StateAG.org's Consumer Protection Initiative carries on the efforts of the National State Attorneys General Program at Columbia Law School by publishing this Report and making all current and previous editions available on The State Center website. The website also features a searchable database, allowing visitors to conduct key-word and drop-down menu searches of all editions of the Consumer Protection Report.

Connecticut AG Leads on Pharmaceutical Price-Fixing Case

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Led by Connecticut Attorney General George Jepsen and his staff, 20 attorneys general sued some of the largest generic drug companies for price fixing. These AG's have uncovered what appears to be egregious wrongdoing that falls on to the bottom line of almost every American family. This case is proof positive that state attorneys general - operating on a bi partisan basis - are essential to defending all of us in the marketplace.

  • See, Pharma in their sights: Attorneys general get real on alleged price-fixing, Pittsburgh Post-Gazette (Dec. 18, 2016).

Tierney v. Cruz in 2010: Should An AG Be An Activist?

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Whether a state attorney general should be an activist vis-a-vis the federal government is certainly current fare, and so this 2010 Podcast of the Federalist Society on the proper role of an attorney general still makes for interesting listening today.  Fast forward the audio to 33:37 if you want to hear me go back and forth on AG activism with U.S. Senator Ted Cruz who was then a private attorney. And listen to the entire podcast to know that some things just don't change.

Well-Trained Police Working with Prosecutors Safeguard Against Hate Crimes

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Hate crimes are increasing and law enforcement is responding as described in my hometown newspaper where well-trained local police got the facts, communicated them to a skilled District Attorney who in turn sent the file to the Attorney General for a final decision.

The message was therefore immediately sent to this Muslim community, and the entire state, that hate violence will not be tolerated. Treating hate as a serious crime results in the deterrence that produces public safety, which is the goal of law enforcement.

Too many well-meaning philanthropists and academics miss the vital role that well-trained police and prosecutors play in keeping us all safe, and that is a shame.

  • AG to investigate Burger King assault as possible hate crime, Sun Journal (Nov. 25, 2016).

AGs Organizing Against Hate Crimes

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Attorneys general across the country are increasing their activism against hate crimes by organizing broad coalitions and making it easier to report.  

Maryland Attorney General launches hate crime hotline

Fox Baltimore
http://foxbaltimore.com/news/local/maryland-attorney-general-launches-hotline-amid-uptick-in-reported-hate-crimes

The hotline, 1-866-481-8361, was announced by Maryland Attorney GeneralBrian E. Frosh on Thursday. According to Frosh, the hotline was developed in response to an increase in reported hate incidents.

Oregon Attorney General Encourages Hate Crime Reports

750 KXL
http://www.kxl.com/oregon-attorney-general-encourages-hate-crime-reports/

In a written statement released Thursday, Attorney General Rosenblum said “We must stand together against hate, so that all people in our state feel valued and safe. I support our Governor’s commitment to use the full force of the law against anybody who targets others based on race, religion, gender, or sexual identity."

Amid Surge Of Bias Crimes, A.G. Schneiderman Stands With Dozens Of Civil Rights Leaders To “Stand Up To Hate,” Issues Urgent Bulletin To Local Law Enforcement Offering Guidance In Identifying And Prosecuting Hate Crimes

NYAG Press Office
http://www.ag.ny.gov/press-release/amid-surge-bias-crimes-ag-schneiderman-stands-dozens-civil-rights-leaders-stand-hate

A.G. Schneiderman Vows Full Support Of State Law Enforcement To Protect Rights Of New York’s Most Vulnerable Communities

A.G. Schneiderman And State Education Commissioner Elia Offer Guidance To Help Ensure Schools Are Safe Havens For Learning

NYAG Press Office
http://www.ag.ny.gov/press-release/ag-schneiderman-and-state-education-commissioner-elia-offer-guidance-help-ensure

Letter To School Leaders Provides Resources For Complying With The Dignity For All Students Act And Preventing And Addressing Hate-Based Actions

Ohio AG Curtails High Speed Police Chases

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Ohio Attorney General Mike DeWine continues to impress with his steady, day-by-day efforts to improve policing in his state. This week he received a report from a Task Force he appointed to analyze, curtail and develop police policies on high speed chases. This is exactly the kind of leadership that saves lives, and it should not go unnoticed nationally. Other attorneys general should follow AG DeWine's lead.

  • Tim Rudell, Ohio's Attorney General Announces Guidelines for Police Chases, WOSU Radio (Nov. 3, 2016).

KY AG Fights for Higher Education

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Perhaps because so many young people now call me "Professor" instead of "General," I have a personal prejudice in favor of keeping our institutions of high education both well funded and independent. I teach at two excellent law schools and see in my classrooms the benefit of clashing ideologies and robust debate. As the son of immigrants who never finished high school, I know what state-funded higher education can do to improve the economic opportunities for well-educated students. Three cheers for Kentucky Attorney General Andy Beshear.  He "gets it" and deserves everyone's support.

See: Kentucky Attorney General Andy Beshear: ‘The mission of higher education is under attack’

More Resources Needed for State Charities Oversight

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Few reports have impacted the non-profit sector more than last month's State Regulation and Enforcement in the Charitable Sector report, authored by Cindy Lott.  In short, the paucity of state government resources dedicated to effective regulation is stark. For example, the research confirmed that "most state charity offices have few staff to conduct their work and carry out their responsibilities." More than half of the reporting jurisdictions have less than three full-time equivalent employees. Staff includes attorneys and non-attorney staff, such as investigators, accountants and support staff. In addition, 13 jurisdictions have a stand-alone state attorney general’s charities bureau, while 14 jurisdictions house the charities unit within their AG’s consumer protection division.

Those states that are active are attending this year’s National Association of State Charity Officials (NASCO) meeting in Washington D.C. (Oct 17-19), where this report will be discussed. The National Association of Attorneys General (NAAG), which co-hosts this annual conference, is wisely appointing a permanent committee to discuss non-profit governance at the attorney general level. Let's hope that attorneys general dramatically increase the resources devoted to this critical area.

See: NAAG/NASCO Annual Meeting

See: State Regulation and Enforcement in the Charitable Sector Report

Delaware AG Establishes "Actual Innocence Project"

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Since 1992, "The Innocence Project" has pursued litigation and public policy initiatives dedicated to the exoneration of wrongfully incarcerated individuals through the use of DNA testing. In almost all of these cases, the Innocence Project has gone head-to-head with the prosecutors who carried out the initial prosecution.    

It is therefore noteworthy that in Delaware, where the Attorney General is the exclusive prosecutor, AG Matt Denn has announced the formation of a Delaware specific "Actual Innocence Project" that will operate to provide review opportunities for those who believe they were wrongfully convicted of a crime. This is another example of Denn's national leadership in criminal justice reform.

See: Delaware DOJ creates The Actual Innocence Project

Maryland Attorney General Frosh Concludes Excessive Cash Bail Potentially Unconstitutional

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Writing that "you can't imprison someone for poverty," Maryland Attorney General Brian Frosh opined that failure to be able to pay cash bail may well be unconstitutional under the 8th Amendment to the U.S. Constitution. While not legally binding, Frosh's Opinion has provided ammunition for those legislators seeking to reform the Maryland criminal justice system. Frosh's Opinion stated that a Judge or Commissioner "may not impose a financial condition set solely to detain the defendant," and some Maryland legal observers are calling Frosh's letter "revolutionary," in that it has shifted the debate on this important issue.

See: Maryland Attorney General Brian Frosh questions legality of bail defendants can't afford

 

Mn. AG Lori Swanson's Victory Over For-Profit Globe University Receives Support from U.S. Department of Education

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Globe University, a for-profit college, successfully sued by Minnesota Attorney General Lori Swanson has been ordered to stop enrolling students by the U.S. Dept. of Education. This comes in the aftermath of September's devastating 130-page ruling from the Judge who presided over the lengthy trial. While the school will not close immediately, the facts clearly show the violations that have so negatively impacted Globe's students.

See: Globe, Minnesota School of Business ordered to stop enrolling students

A Game Changing Report

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Although almost all attorneys general have jurisdiction over the regulation of non-profit organizations, there has always been a lack of data as to the resources they and other state regulators have at their disposal and what they actually do. Last month, under the leadership of Cindy Lott — now the Program Director of Nonprofit Management Programs at Columbia University, a Senior Fellow at the Urban Institute’s Center in Nonprofits and Philanthropy, and for ten years the Counsel to the National State Attorneys General Program at Columbia Law School - the public now has a fifty state survey of jurisdiction, staffing levels and output.  

The Report describes the organization and staffing of state charity offices from one state to another. I strongly recommend to anyone who cares about the governance of the non-profit sector that they download and read this Report.  I also urge readers to review the media response and this in depth interview with Cindy Lott.  This Report could be the long awaited game changer.

Report:

State Regulation and Enforcement in the Charitable Sector

See also:

National Employment Law Project

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Because enforcement of state labor laws is often done by a number of agencies (attorney general, labor department, civil rights divisions, etc.), it is often difficult to keep track of them.  The National Employment Law Project is an excellent resource for following all labor law issues including those by attorneys general. 

See: National Employment Law Project (NELP)

AG Maura Healey Announces Innovative Web Initiative to Enforce State Labor Laws

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On Labor Day, Massachusetts Attorney General Maura Healey announced an enhanced initiative in continuing her states's long commitment to enforce her state's labor laws. Because these matters are increasingly taking on a multistate component, other attorneys general will be watching closely.

See: Sampan, AG Healey issues first-ever Labor Day Report on efforts to combat wage theft, revamps workplace rights website with innovative features

Resources on Payday Lending

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Attorneys General and consumer advocates have long believed that payday lending exploits low income citizens while the industry alleges that payday loans fill a vital credit need for those with no savings. This post by the Journalist Report at the Kennedy School both summarizes the CFPB's payday initiative as well as providing links to recent research.

See: Journalist's Resource, Do payday loans exploit poor people? Research review

Police Shootings

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A string of high publicity shootings by police officers has led to a nationwide soul-searching reexamination as to how these cases are investigated and prosecuted. The concern that local prosecutors are "too close" to these emotional cases has led an increasing number of states to consider having the state attorney general handle these matters. Long the way it has been done in many states (Maine, New Hampshire, Louisiana, Wisconsin), others are following suit (New York) or considering doing so as evidenced by a recent Report from the Ohio Supreme Court.

See: The Columbus Dispatch, Task force: Attorney general should handle fatal police use of force cases 

Mike Cody Reminisces About His Representation of Dr. King

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During last June's NAAG Meeting, former Tn. AG Mike Cody gave a moving address on his time representing the Dr. Martin Luther King, Jr. during the sanitation worker strike in Memphis in 1968. It is well worth watching.

See: “King at the Mountain Top: The Representation of Dr. Martin Luther King, Jr., Memphis, April 3-4, 1968” by NatlAssnAttysGen on Vimeo.

AG's continue Success in Labor Cases: Jimmy John's Stops Non Compete Clauses

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The NY AG has announced that Jimmy John's has terminated its indefensible requirement that their employees sign non-compete clauses, and that, of course, is a good thing for those employees.  It is also a good thing for those who are watching carefully and seeing state attorneys general in how they are enforcing their state labor laws.