Paul Nolette | Marquette University (original) (raw)

Uploads

Papers by Paul Nolette

Research paper thumbnail of Law Enforcement as Legal Mobilization: Reforming the Pharmaceutical Industry Through Government Litigation

Law & Social Inquiry, 2014

Research paper thumbnail of State Litigation during the Obama Administration: Diverging Agendas in an Era of Polarized Politics

Publius: The Journal of Federalism, 2014

Throughout the Obama Administration, state attorneys general (AGs) have collaborated on several h... more Throughout the Obama Administration, state attorneys general (AGs) have collaborated on several high-profile political issues. To get a fuller picture of this contemporary AG activism, this article analyzes AG participation in lawsuits and amicus curiae briefs before the U.S. Supreme Court across three presidential administrations. The results suggest that AGs’ agendas have increasingly diverged throughout the Obama Administration, reflecting greater vertical conflict between AGs and the federal government as well as horizontal conflict among AGs themselves. Several factors have contributed to this development, including the broader polarization of American politics, intensified activism among Republican AGs, and increased collaborations between AGs and ideological interest groups. Much as with partisan contestation in other venues, these AG conflicts show few signs of abating.

Research paper thumbnail of Litigating the “Public Interest” in the Gilded Age: Common Law Business Regulation by Nineteenth-Century State Attorneys General

Polity, 2012

Abstract Heeding recent calls to explore the contributions of creative political actors other tha... more Abstract Heeding recent calls to explore the contributions of creative political actors other than federal judges to the process of American legal development, this article examines the role of state attorneys general (SAGs) during the late nineteenth and early twentieth centuries. Consistent with recent revisionist accounts concerning the extent of government power during this era of supposed “laissez-faire,” I find that SAGs creatively employed common law legal theories to address the emerging industrial and corporate order. ...

Research paper thumbnail of Securities Fraud

Am. Crim. L. Rev., 2003

The Securities Act of 1933 (" 1933 Act"), the first of seven statutes enacted to regula... more The Securities Act of 1933 (" 1933 Act"), the first of seven statutes enacted to regulate the federal securities transactions,'was a congressional response to fraud in securities markets and the perceived lack of public information about the stock markets. 2 The Securities and Exchange Commission (SEC) came into being with the enactment of the Securities Exchange Act of 1934 (" 1934 Act"), one of the stated aims of which is to ensure vigorous market competition by mandating full and fair disclosure of all material information in the ...

Research paper thumbnail of Lessons Learned From the South African Constitutional Court: Toward a Third Way of Judicial Enforcement of Socio-Economic Rights

Michigan State Journal of International Law, 2003

92 Michigan State Journal of International Law [12:91 life."5 The insights provided by the S... more 92 Michigan State Journal of International Law [12:91 life."5 The insights provided by the South African system contribute greatly to bridging the gap between theory and practice. This note builds upon Professor Cass Sunstein' s observations that the structure of the South African ...

Research paper thumbnail of Law Enforcement as Legal Mobilization: Reforming the Pharmaceutical Industry Through Government Litigation

Law & Social Inquiry, 2014

Research paper thumbnail of State Litigation during the Obama Administration: Diverging Agendas in an Era of Polarized Politics

Publius: The Journal of Federalism, 2014

Throughout the Obama Administration, state attorneys general (AGs) have collaborated on several h... more Throughout the Obama Administration, state attorneys general (AGs) have collaborated on several high-profile political issues. To get a fuller picture of this contemporary AG activism, this article analyzes AG participation in lawsuits and amicus curiae briefs before the U.S. Supreme Court across three presidential administrations. The results suggest that AGs’ agendas have increasingly diverged throughout the Obama Administration, reflecting greater vertical conflict between AGs and the federal government as well as horizontal conflict among AGs themselves. Several factors have contributed to this development, including the broader polarization of American politics, intensified activism among Republican AGs, and increased collaborations between AGs and ideological interest groups. Much as with partisan contestation in other venues, these AG conflicts show few signs of abating.

Research paper thumbnail of Litigating the “Public Interest” in the Gilded Age: Common Law Business Regulation by Nineteenth-Century State Attorneys General

Polity, 2012

Abstract Heeding recent calls to explore the contributions of creative political actors other tha... more Abstract Heeding recent calls to explore the contributions of creative political actors other than federal judges to the process of American legal development, this article examines the role of state attorneys general (SAGs) during the late nineteenth and early twentieth centuries. Consistent with recent revisionist accounts concerning the extent of government power during this era of supposed “laissez-faire,” I find that SAGs creatively employed common law legal theories to address the emerging industrial and corporate order. ...

Research paper thumbnail of Securities Fraud

Am. Crim. L. Rev., 2003

The Securities Act of 1933 (" 1933 Act"), the first of seven statutes enacted to regula... more The Securities Act of 1933 (" 1933 Act"), the first of seven statutes enacted to regulate the federal securities transactions,'was a congressional response to fraud in securities markets and the perceived lack of public information about the stock markets. 2 The Securities and Exchange Commission (SEC) came into being with the enactment of the Securities Exchange Act of 1934 (" 1934 Act"), one of the stated aims of which is to ensure vigorous market competition by mandating full and fair disclosure of all material information in the ...

Research paper thumbnail of Lessons Learned From the South African Constitutional Court: Toward a Third Way of Judicial Enforcement of Socio-Economic Rights

Michigan State Journal of International Law, 2003

92 Michigan State Journal of International Law [12:91 life."5 The insights provided by the S... more 92 Michigan State Journal of International Law [12:91 life."5 The insights provided by the South African system contribute greatly to bridging the gap between theory and practice. This note builds upon Professor Cass Sunstein' s observations that the structure of the South African ...

Log In