Notre Dame Law School NDLScholarship Journal Articles Publications 1999 The onsC titutional Dilemma of Litigation under the Independent Counsel System William K. Kelley Notre Dame Law School,
[email protected] Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Litigation Commons Recommended Citation William K. Kelley, The Constitutional Dilemma of Litigation under the Independent Counsel System, 83 Minn. L. Rev. 1197 (1999). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/135 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact
[email protected]. The Constitutional Dilemma of Litigation Under the Independent Counsel System William K. Kelleyt In this Article, I examine the most prominent institutional outgrowth of the Watergate era and the decision in United States v. Nixon:' the independent counsel system as established by the Ethics in Government Act of 1978.2 That system, which created the institution of the independent counsel, has produced a number of spectacles in American law. The principal example is the prominent role that Independent t Associate Professor of Law, University of Notre Dame. I have served as a consultant to Independent Counsel Kenneth W. Starr, including in some of the litigation discussed herein; the views reflected in this Article are, of course, only my own, and should not be taken as reflecting the views of the Office of Independent Counsel or any of its staff. I thank Rebecca Brown, John Manning, and Julie O'Sullivan for their gracious comments and collegial good cheer.