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This book examines whether and how the Office of the Solicitor General influences the United States Supreme Court. Combining archival data with recent innovations in the areas of matching and causal inference, the book finds that the Solicitor General influences every aspect of the Court's decision making process.
Of all the nation's public officials, the Solicitor General is the only one required by statute to be "learned in the law." Although he serves in the Department of Justice, he also has permanent chambers in the Supreme Court. The fact that he keeps offices at these two distinct institutions underscores his special role.
Behind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied. The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government – drawing from interviews with over 45 government and judicial officials – to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government. But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world.
INSTANT NEW YORK TIMES BESTSELLER Why President Trump has left us with no choice but to remove him from office, as explained by celebrated Supreme Court lawyer and former Acting Solicitor General Neal Katyal. No one is above the law. This belief is as American as freedom of speech and turkey on Thanksgiving--held sacred by Democrats and Republicans alike. But as celebrated Supreme Court lawyer and former Acting Solicitor General Neal Katyal argues in Impeach, if President Trump is not held accountable for repeatedly asking foreign powers to interfere in the 2020 presidential election, this could very well mark the end of our democracy. To quote President George Washington's Farewell Address: "Foreign influence is one of the most baneful foes of republican government." Impeachment should always be our last resort, explains Katyal, but our founders, our principles, and our Constitution leave us with no choice but to impeach President Trump--before it's too late.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
At the intersection of law and politics stands the U.S. Solicitor General. Although even the informed public rarely thinks of the solicitor general in relation to the major issues that have challenged American society, this office actually has considerable control over the cases the Supreme Court addresses. To bring the Office of Solicitor General (OSG) out of the shadows and into the clear light of public attention, Between Law and Politics looks at three hotly contested policy areas?race, gender, and reproductive rights?to see how the office balances the goals of the president, Congress, and the Supreme Court.The OSG is charged with helping the Supreme Court build a coherent doctrine and imposing some stability on the law. At the same time, the solicitor general is a presidential appointee. Deciding which cases to appeal, arguing those cases before the Supreme Court, and filing friendofthecourt briefs means the solicitor general plays an important role in furthering the policy objections of the current administration. Therein lies the tension between law and politics that is at the heart of the calculations the solicitor general makes on a daily basis.Using interviews with solicitors general and their staffs, members of the Department of Justice, and others, and analyzing Supreme Court cases beginning with the Truman administration, Richard Pacelle shows how the OSG balances the competing forces in its environment. His analysis is undergirded by aggregate analysis of the data gathered.This detailed and systematic study will be of great interest to those who study the Supreme Court, the presidency, and public policy. It is unique in its close examination of a number of particular areas of law and the strength and persuasiveness of its analysis of the competing constituencies that face the Office of the Solicitor General. The timeliness and controversial nature of the policy areas Pacelle examines give the book further importance to students of American politics.
Available to the public for the first time, "The Solicitor General's Style Guide" consists of three manuals used by the United States Office of the Solicitor General in preparing briefs to be filed in the Supreme Court of the United States: Office of the Solicitor General Citation Manual, Office of the Solicitor General Supplement to the Supreme Court Rules, and Office of the Solicitor General Writing Preferences. Supreme Court Justice Scalia and legal writing guru Bryan Garner have extolled the Solicitor General's briefs as models for other lawyers to follow. Now the citation and style secrets behind those briefs are available to lawyers and fans of the Solicitor General and the Supreme Court. In "The Solicitor General's Style Guide" you will learn gems like: What term did Solicitor General Charles Fried consider a "barbarism," ordering its "total extirpation" from the Solicitor General's briefs? What punctuation does the Office consider "ugly"? How does the Solicitor General decide whether to form the possessive of a word ending in "s" by adding just an apostrophe or an apostrophe "s"? When does the Solicitor General use ibid. instead of id.? And much more "The Solicitor General's Style Guide "cannot help you write like the Solicitor General, but now you can cite like the Solicitor General Praise for The Solicitor General's Style Guide: "As U2 might say, Jack Metzler's version of the Solicitor General's Style Guide is even better than the real thing. It is, in essence, a Bluebook for Supreme Court practitioners, touching all things style and citation as they relate to briefs filed at the Court - tremendously useful for the lawyers who practice there." - Tom Goldstein, Supreme Court expert and publisher of SCOTUSblog. "No wonder the writing standards of the Solicitor General's office are held in such high regard The Solicitor General is the only Justice Department official required by statute to be "learned in the law." This style manual shows how seriously the holders of that office take that responsibility. Forget the Bluebook - the Solicitor General's common-sense rules of punctuation, citation, capitalization, and italicization are now public, and all lawyers need to pay heed." - Tony Mauro, Supreme Court correspondent of The National Law Journal, has covered the Supreme Court for 33 years.
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
In June 1973, Judge Robert Bork was plucked from a quiet life of academia at Yale University and planted in the tumultuous soil of constitutional crisis by a Nixon administration barreling toward collapse. From the ousting of Vice President Spiro Agnew to the discharge of the Watergate special prosecutor, an event known as the Saturday Night Massacre, Saving Justice offers a firsthand, insider account of the whirlwind of events that engulfed the administration during the last half of 1973 and the first few months of 1974. This important volume provides a revelatory look into the inner workings of the Justice Department during some of the most consequential months of the Nixon administration.