The National State Attorneys General Program at Columbia Law School is a legal research, education-and-policy center that examines the implications of the jurisprudence of state attorneys general. Working closely with attorneys general, academics and other members of the legal community, the Program is active in the development and dissemination of legal information that state prosecutors are able to use in the carrying out of their civil and criminal responsibilities.
>>Montana Attorney General testifies to U.S. Senate on Citizens United case (February 2010)
Columbia Law School alumnus Steve Bullock, '94, the current attorney general of Montana, argued before the U.S. Senate Committee on Rules and Administration that the U.S. Supreme Court's recent Citizens United v. Federal Election Committee has the potential to undermine long-established state election laws in Montana. The ruling struck down limitations on corporate sponsorship of election advertisements, and critics have noted that foreign corporations may now have a greater impact on American elections. Bullock argued that the Citizens case may have a disproportionate effect on state and local elections. "While we can legislate to hold Montana corporations accountable to their shareholders, our state laws may not always reach businesses incorporated elsewhere," Bullock argued to the Committee. "As you protect federal elections from foreign influence, understand that federalism requires room for states to protect their elections from foreign influence too, whether international or interstate."
Over the last year, the National State Attorneys General Program has seen a significant expansion of its programs – from the launch of three new funded initiatives, to the growth of its regional presence, to enhanced internship and post-doc opportunities for students. In its 2009 Report, the Program details the scope of its activities in 2009 and discusses its plans for the future.
Congratulations to Program Adviser and Lecturer-in-Law Julie Brill, who has been nominated by President Obama for a position as Commissioner on the Federal Trade Commission. Brill, currently the Senior Deputy Attorney General and Chief of Consumer Protection and Antitrust at the North Carolina Department of Justice, co-teaches the "Role of the State Attorney General" seminar with Program Director James E. Tierney. Previously, she worked for 21 years as Assistant Attorney General of the Consumer Protection Division at the Vermont Attorney General's Office.
Brill, along with Director James Tierney and Senior Counsel Stephen Houck, participated in the American Bar Association's Antitrust Fall Forum as part of a discussion panel, entitled "Adapting to a New Enforcement Environment: What Changes in Enforcement Priorities Should We Expect From State Attorneys General?"
On October 7, the National State Attorneys General Program, in conjunction with the National Association of Attorneys General, presented a conference that brought together the nation's top antitrust officials to discuss new enforcement initiatives and closer cooperation among federal and state antitrust enforcement agencies.
For a comprehensive overview of the summit-style meeting, including coverage of all keynote speakers' and panelists' comments, please view Law.com writer David Hechler's October 12 article, "Come (Back) Together: Antitrust Regulators Heal Old Rifts."
A study of the nationwide foreclosure crisis, conducted by the University of North Carolina Center for Community Capital and funded by the National State Attorneys General Program, has analyzed the effects of states' anti-predatory lending regulations. The Center has concluded that residents of states with stronger such laws had lower instances of delinquency and foreclosure, that mortgages in these states tended to be safer, and that federal preemption of restrictions against national banks since 2004 has resulted in the significant and disproportionate growth in the share of the subprime lending market by these very large banks.
“State laws can only provide patchy protection if different types of lenders within a state are subject to different rules,” said Center president Roberto G. Quercia. “Based on these results, we recommend that federal regulators set minimum standards -- a floor, rather than a ceiling – and allow states to enact and enforce higher standards if they choose.”
Director James Tierney participated in a forum at Columbia Law School entitled "In the Wake of Citizens United: A panel discussion on the Future of Campaign Finance Regulation." The discussion also featured Professors Nathaniel Persily and Richard Briffault of CLS as well as NYU School of Law Constitutional Law Professors Richard Pildes and Samuel Issacaroff.
Tierney, along with Matthew Bennett, Director of Economics, UK Office of Fair Trading, held a seminar in London, England, at the University College of London's School of Public Policy. The seminar was entitled "Competition Law and the Financial Crisis."
The New York Timesfeatured Tierney's perspective on the potential of legal battles against the energy industry in the face of global climate change: "If the climate-change cases even get to the discovery stage, and if the energy industry possesses embarrassing e-mail messages and memorandums similar to those that proved devastating to tobacco companies, Mr. Tierney said, 'it’s a hammer' that could drive industries to the negotiating table."
After Connecticut Attorney General Richard Blumenthal's announcement that his office will investigate the "Smart Choices" food labeling program for alleged misleading health claims, Tierney remarked in The New York Times, “This is exactly the kind of issue that an attorney general basically should look at.... It falls within their core duty, which is to protect consumers against unfair and deceptive marketing practices.”
