Tierney Blog

Maryland Legislature Expands State AG Authority - Finally!

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The Maryland Legislature has finally gotten around to giving that state's outstanding AG - Brian Frosh - the authority that is enjoyed by almost every other AG, e.g. the authority to protect and defend the public interest by exercising his or her own best legal judgement without the approval of the Governor or the Legislature. This initiative finally consigns to the historical dustbin a wrongly decided 1984 decision by the Maryland Supreme Court.

As the Rhode Island Supreme Court said in 2008, "the holder of that high office (state attorney general), as distinguished from the usual advocate, has a special and enduring duty to seek justice." State of Rhode Island v. Lead Industries Association Inc., et al., 951 A.2d 428 (R.I. 2008). 

Residents of Maryland can now be assured that their attorney general will now work to "seek justice" for them. And other attorneys general around the country can now fully welcome Maryland into their midst.

Ky. AG Fosters Stratgeic Partnerships to Fight Consumer Scams

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Kentucky Attorney General Andy Beshear is wisely partnering not just with the AARP, but also with local and county governments, various faith based groups and over 100 non-profit and retail organizations as he issues consumer warnings on a wide variety of scams. This is exactly how it should be done.

Misclassification is Not Going Away

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While the eyes of the world are on the litigation between the attorneys general and the Trump Administration's immigration ban, a January 20th article in the Florida Record carries a story that highlights an issue of great importance to all Americans.

The article discusses a Florida case that alleges an employer misclassified his employees as independent contractors in order to avoid paying employment taxes. In addition, the employer "made illegal deductions from [workers'] earnings to pay insurance on company vehicles."

The article cites a 2011 report we published at Columbia Law School, where we argued that stronger enforcement of state labor laws would benefit both workers and the marketplace. “Without meaningful enforcement by state regulators, employers will simply disregard legal obligations if doing so allows them to save time, money or effort, putting the majority who wish to abide by the law at a significant competitive disadvantage,” the report stated.

According to the National Employment Law Project (NELP), misclassification not only imposes costs to workers, but deprives state/federal coffers billions of dollars in tax revenues annually. The issue is not going away, and with the expansion of the gig economy, it's likely getting worse. Combating misclassification falls squarely in the wheelhouse of all state attorneys general.

Appeals Court Upholds AG Ferguson's Victory Against Trump's Immigration Order

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“No one is above the law, not even the President. The President should withdraw this flawed, rushed and dangerous Executive Order, which caused chaos across the country. If he refuses, I will continue our work to hold him accountable to the Constitution.”
— Washington State Attorney General Bob Ferguson

Speaking at a press conference Thursday afternoon, AG Ferguson said, "People on both sides have strong feelings on this issue, but we should all agree on the Constitution."

[UPDATED] Democratic AGs Coordinate to Challenge Immigration Order: Washington AG First to File Suit

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[Updated - Feb. 6, 2017]. Democratic attorneys general are working in a highly coordinated manner on challenges to President Trump's Executive Order temporarily banning immigration of refugees and citizens from seven Muslim-majority countries. Washington AG Bob Ferguson was the first to file, and his efforts will soon generate support from his like minded colleagues, who consider themselves the "thin blue line" against what they believe to be federal lawlessness. 

Note the similarity in strategy to the efforts of Texas Attorney General Ken Paxton, who last year filed suit in a Texas District Court and generated a national injunction against then President Obama's 2014 Immigration Order.  AG's are again showing that they are significant factors in national issues.

 

[UPDATED] State Attorneys General Respond to President Trump’s Refugee Ban

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[Updated - Jan. 30, 2017] State attorneys general wasted no time in responding to President Trump’s Executive Order banning refugees, particularly Muslim refugees, from war-torn Syria and other Muslim majority countries. 17 state attorneys general issued a joint statement condemning the actions as “unconstitutional, un-American and unlawful.”

Punching Above Their Weight: Profile of the Connecticut AG's Office

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The Connecticut Mirror has a great profile on the Connecticut Attorney General’s office. Set against the backdrop of the current multi-state investigation/lawsuit into generic drug price-fixing, the article tells readers something we have known for a long-time: this is one talented and powerful office. The Connecticut AGs office proves, once again, that talent and passion of staff can overcome any relative size and resource constraints. From the rating agency cases to this current antitrust lawsuit, Connecticut is once again leading the way on major multi-state cases. It also shows the leverage that any attorney general has when they put it all together, and in these times, that is vital to remember.

Vermont Attorney General Launches Immigration Task Force

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New Vermont AG T.J. Donovan took a wise step this week in appointing a committee to advise him on immigration matters. Traditionally an area where federal law dominates, states and cities are taking their own steps and Donovan has taken the initiative to get as much information as possible before he makes the difficult decisions to come. Further, Donovan, who is a Democrat, has invited GOP legislative leadership to join the process. Other AG's would be wise to follow suit.

New York Attorney General Issues Guidance on Protecting Immigrant Communities in the Wake of Increased Immigration Enforcement

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In anticipation of the changing landscape in federal immigration enforcement, New York Attorney General Eric Schneiderman issued important legal guidance to localities and law enforcement agencies regarding the responsibilities and limits of participating in immigration enforcement.

New Pennsylvania AG Inherits a Tough Job

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While all new attorneys general face challenges, Pennsylvania's new Attorney General, Josh Shapiro, has inherited the unique task of taking over a law enforcement position after his predecessor resigned in disgrace and is now facing a prison sentence. Shapiro has put together an impressive management team that is working to inspire the performance of the 800 career employees who have somehow kept the faith during some very difficult years. We wish him all the luck in this challenging venture.

Virginia AG Ramps Up Anti-Hate Crime Efforts

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Virginia Attorney General is ramping up his anti-hate crime efforts as have so many other attorneys general as indicated in earlier blogs. No matter what our policy views, hate violence can never be allowed to happen without a strong response from law enforcement.

Maryland Attorney General Issues Report on Rape Kits

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One of the great scandals of our criminal justice system is the failure of police departments and prosecutors to expeditiously and appropriately process rape kits. State attorneys general are moving into this void using a variety of techniques including dedicating settlement funds to the processing.  In Maryland, Attorney General Brian Frosh has essentially issued a stinging report telling his legislature and Governor to get their acts together.  Let's hope that they do.

Vermont Attorney General Bill Sorrell - A National Leader

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Vermont AG Bill Sorrell is leaving office this week after 19 years of continuous service. During all of that time, Bill understood not only his responsibilities to the people of Vermont but also his role as a national leader. In issue after issue, Bill worked for all Americans in order to lower the cots of prescription drugs, fight the scourge of tobacco use and bring sanity to our campaign finance system. His tireless and principled advocacy will be sorely missed.

  • See, Press Release, Vermont Law School, Vermont AG Bill Sorrell Joins VLS as Visiting Scholar in U.S.-Asia Partnerships for Environmental Law (Dec. 7, 2016).

Departing Indiana Attorney General Greg Zoeller - A Man of Honor

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After eight years as Attorney General and eight years as Chief Deputy Attorney General of Indiana, Greg Zoeller is leaving office. Having worked closely with AG Zoeller for all of those 16 years, I know I share the feelings of everyone in the AG community when I characterize him as a true man of honor. Law enforcement will miss him deeply.

  • See, Maureen Hayden, State of the Statehouse: Zoeller leaves attorney general role with legacy in public health, Tribune Star (Dec. 25, 2016).

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