Duke Law School
Duke Law Journal

LAW AND CONTEMPORARY PROBLEMS


Volume 61Winter & Spring 1998Numbers 1 & 2

Government Lawyering

Neal Devins
Special Editor


Winter Issue

Foreword Neal Devins1
I. Government Lawyers Shaping Law and Policy
Lawyers and Policymakers in Government Peter H. Schuck7
The Role of Government Attorneys in Regulatory Agency Rulemaking Thomas O. McGarity19
Creating Law at the Securities and Exchange Commission: The Lawyer as Prosecutor Roberta S. Karmel33
Reallocating Interpretive Criminal-Lawmaking Power Within the Executive Branch Dan M. Kahan 47
The President, the Supreme Court, and the Constitution: A Brief Positive Account of the Role of Government Lawyers in the Development of Constitutional Law Steven G. Calabresi 61
Hell, Handbaskets, and Government Lawyers: The Duty of Loyalty and Its Limits Michael Stokes Paulsen 83
II. Litigating on Behalf of the United States
"For the United States": Government Lawyers in Court Patricia M. Wald 107
United States Attorneys -- Whom Shall They Serve? H. W. Perry, Jr. 129
Independent Counsel and Vigorous Investigation and Prosecution William Michael Treanor 149
The Solicitor General and the Interests of the United States David A. Strauss 165
The Secret Life of the Private Attorney General Jeremy A. Rabkin 179
The Battle That Never Was: Congress, the White House, and Agency Litigation Authority Neal Devins and Michael Herz 205


Spring Issue

III. Government Lawyers for the Congress
Lawyers in Congress John C. Yoo 1
Who's the Client? Legislative Lawyering Through the Rear-View Mirror Michael J. Glennon 21
The Ethics of Representing Elected Representatives Kathleen Clark 31
The Senate and House Counsel Offices: Dilemmas of Representing in Court the Institutional Congressional Client Charles Tiefer 47
IV. Government Lawyers for the Executive Branch
The President as Client and the Ethics of the President's Lawyers Nelson Lund 65
High-Level, "Tenured" Lawyers Thomas W. Merrill 83
Lawyers in Agencies: Economics, Social Psychology, and Process Jonathan R. Macey 109
The Role of the Attorney-Adviser in the U.S. Department of State: Institutional Arrangements and Structural Imperatives Michael K. Young 133
The Internal Relations of Government: Cautionary Tales from Inside the Black Box Peter L. Strauss 155
Department of Justice Litigation: Externalizing Costs and Searching for Subsidies Nicholas S. Zeppos 171