“First, Do No Harm”: Criminal Prosecutions of Doctors for Distributing Controlled Substances Outside of Legitimate Medical Need

“First, Do No Harm”1 The National Association of Attorneys General (NAAG) collaborated in a 2007 study with the Federation of State Medical Boards and the Center for Practical Bioethics doing…

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The Interaction between Rule 3.8(d) and the Constitutional Requirements of Brady and Giglio

Amie Ely, director of NAGTRI’s Center for Ethics and Public Integrity and NAGTRI program counsel, contributed significant information for this article. What is the prosecutor’s duty under the obligations announced…

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Recent Powers and Duties Decisions

Challenging Executive Action The Kentucky Supreme Court issued an important decision on the common law powers of the attorney general, upholding the attorney general’s standing to challenge actions by the…

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Managers as Caretakers: Rule 5.1

In November 2016, the U.S. surgeon general issued a report titled “Alcohol, Drugs, and Health.” The first paragraph of the Executive Summary states: In 2015, over 27 million people in…

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Consumer Testimony: How to Prepare and Present Effectively and Ethically at Trial

This article will provide practical guidance on how to prepare and present consumer testimony at trial in a manner that is both effective and ethical. Oftentimes, live consumer testimony is…

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Curricular Objectives and the Public Schools: Current Events and the Teaching about Religion

Even though publicly-funded education is “not among the rights afforded explicit protection under our Federal Constitution” nor is there “any basis for saying it is implicitly so protected,”1 “education is…

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Advancing Leadership Development in the Offices of Attorneys General

I often ask supervisors in government law offices to describe managerial challenges they have faced or observed in their offices. They tell me about struggling to: Supervise friends, former bosses,…

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Presidential Council Issues Report Arguing that Ballistics Testimony Should Not be Admitted as Evidence

Amie Ely, Director, NAGTRI Center for Ethics and Public Integrity and NAGTRI Program Counsel On Sept. 19, the President’s Council of Advisors on Science and Technology (PCAST) issued a 174-page…

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Powers and Duties Decisions

Emily Myers, NAAG Antitrust and Powers and Duties Chief Counsel Authority to Represent State The attorney general’s authority to represent the state was reaffirmed in three cases earlier this year….

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Pitfalls in Rule 30(b)(6) Depositions of Law Enforcement Authorities

Olha N.M. Rybakoff, Senior Counsel, Tennessee Attorney General’s Office1 Defendants find many ways to make mischief in our enforcement cases. This article explores the special problems that arise when a…

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