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The Attorney General's Settlement Authority and the Separation of Powers
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Journal Article
The Attorney General's Settlement Authority and the Separation of Powers
2020
Overview
This Note presents a novel defense of the Attorney General's authority to settle litigation against the United States and, in the process, make policy commitments. After canvassing the existing law and critiques of the settlement authority, the Note argues that the constitutional separation of powers does not forbid entering into policymaking settlements. The Note then proposes (1) new doctrine to make these settlements more consistent with administrative law norms, and (2) institutional norms and statutory changes that would improve the administration of settlement agreements.
Publisher
The Yale Law Journal Company, Inc,Yale University, School of Law,Yale Law Journal Company, Inc
Subject
