Whose False Federalism?: The Constitutionality of State Attorneys General Civil Law Enforcement and Corporate Wrongdoers' Longing for Lochner
Mississippi College Law Review Online Forum (Fall 2007)
Mississippi Association for Justice, Voir Dire Magazine (Fall 2007)
Over the past several years, state attorneys general have significantly stepped-up civil law enforcement efforts against national and multi-national corporate wrongdoers. Proponents of this trend suggest it is a healthy exercise of state police power, while critics suggest it violates fundamental constitutional principles of federalism. This paper introduces and analyzes the several constitutional arguments made against state attorneys general use of civil litigation and concludes the criticism amounts to little more than overheated rhetoric.
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