Attorney General Ellen Rosenblum Spearheads New State Attorneys General Issues Committee

Byfennifer Bragar

regon's Attorney General, Ellen Rosenblum, has pertaining to the "for profit" educational industry. Another served in the ABA House of Delegates for 25 years involves inflated magazine subscription sales. and as Secretary of the ABA from 2002 to 2005. She is currently the Vice-Chair of the Section State and Local The Deceptive Practices of For-Profit Schools Government Law and looks forward to chairing the Section A large group ofstate Attorneys General are participating in in 2016-17. After a lengthy caxeer as a trial and appellate a joint working group examining for-profit colleges. Many judge in Oregon, Ellen retired from the bench and, soon of us have seen the commercials for such schools of~'ering thereafter, ran for Attorney General. After winning a hard online degrees, but for most of us that is where the adver- fought primary election,she was appointed and then elected tising stops. Some schools, however, go further to recruit in November 2012. She has recently announced her plans students who would not otherwise meet minimum require- to run for a second four-year term next year. ments to successfully obtain college degrees or who suffer Ellen,along with her two private sector co-chairs, Ashley from learning disabilities that make them ripe for abusive Taylor and Tony Majestro,recognized the need to create the pracrices by the schools'aggressive recruitment policies. Sections now two-year old State Attorneys GeneraUDepart- Attorney General Rosenblum's office sits on a multi- ment ofJusrice Issues (AGD,p Committee.The Committee state negotiating group working toward nationwide relief to has already attracted over 200 members,has published numer- change certain schools'recruiting tactics and to address harm ous articles, and has put on CLE programs at the ABA Annual to former and current students.lhese might include unlaw- and Midyear Meetings and at Secrion meetings on a diverse ful representations in advertising,inserting unconscionable array oftopics, including the inner workings ofthe new Con- clauses into enrollment agreements,and misrepresentations sumer Financial Protection Bureau,regulation of electronic related to job placement rates and employment a~ailabil- cigarettes,Internet privacy,the Class Action Fairness Act,and ity. In exchange for enrollment, students can end up with student debt.The Committee carries to the national level many huge debt loads and little chance of a degree or success in a of the 's state priorities—includ- "high paying"job as promised during the recruitment phase. ing consumer protection, protection of diverse communities Meanwhile,in many states, community colleges offer simi- through enforcement ofcivil rights,Internet privacy and digi- lar programs for a fraction of the price. tal crime issues, and elder financial abuse. Although Attorneys General across the country often White City, Oregon, Magnzine Subscription Operation join forces to share resources and strategies, the AGDJ Recently, Attorney General Rosenblum filed an unlawful Committee provides an informal brainstorming ground trade practices lawsuit against 19 companies and nine people and an opportunity to build connecrions and obtain input who operate a nationwide newspaper and magazine subscrip- from a broad swath oflawyers whose clients'interests inter- tion enterprise based out ofWhite City, Oregon.Four other sect with the work of state Attorneys General. With its states filed similar lawsuits the same day. Oregons complaint strong emphasis, thus far, on consumer protection issues, alleges that since 2010,this enterprise made in excess of$20 these activities can help ensure that national solutions are million by selling fraudulent newspaper subscriptions and found to stop some of the most abusive behaviors against by telling consumers that existing newspaper and magazine the general public and vulnerable citizens. subscriprions were about to expire and offered to renew the Another way in which the Committee provides value subscriprions at 40% to 100% above the actual cost for such is in attracting law student and young lawyer members to renewals.'Ihe Oregon lawsuit also alleges that the proceeds its ongoing work related to the "obligation of a lifetime"— were laundered through companies created for that purpose. studentdebt. As of prinring,the cases are pending, but she told me she is I asked Ellen to give me some examples ofsubjects that hopeful that all ofthe parties,including the other states that AGs are currently working on nationally. Although they have sued, can work together to help resolve the outstand- are numerous,she gave two: An ongoing multi-state Attor- ing issues successfully.If not,there could be separate trials in ney General investigarion highlights some ofthe problems each state that has filed a lawsuit.

Conclusion Jennifer Bragar is an associate with the Portland, Oregon, The State and Local Government Law Section is lucky to a firm ofGarvey Schubert Barer and a member ofthe Section's have a leader and strategist like Attorney General Ellen ~.; Council. continued on page 15

$ State f~ LocalLaw News, Volume 38, Number 4, Summer 2015 and Shield.•~1 Practicall~~iproach to Section 1983 Litigation, Fourth Edition, contains expert analysis regarding every issue you might face in a Section 1983 case. Fully updated since Section Meeting Calendar the 2006 publication of the third Edition, this new guide provides you with a practical approach to this technically of difficult and ever-evolving area law July 30—August 2, 2015 August 4-7, 2016 ABA Annual Meeting ABA Annual Meeting Munici1ialLa~zu Deskbook Westin River North San Francisco, summer ABA will publish a MuncipalLaw Desk- This the Chicago, Illinois book offering legal guidance to municipal attorneys, private November 17-20, 2016 practitioners, city administrators, and educators.The book October 8-11, 2015 Section Fall Meeting covers a full range of those issues that commonly arise in Section Fall Meeting Ritz Carlton day-to-day local government administration and the con- Brown Hotel Phoenix, Arizona tent is intended for attorneys and nonlawyers alike. The Louisville, Kentucky chapters cover such topics as when and how federal laws February 2-5, 2017 and regulations preempt local legislation; how state free- February 3-9, 2016 ABA Midyear Meeting dom of information acts control local government meet- ABA Midyear Meeting Miami, Florida ings and record-keeping; the rules of ethical, transparent San Diego, California public purchasing and construction contracts; the basics of April 27-30, 2017 sources and uses of revenue; and those areas of local regu- April 7-11, 2016 Section Spring Meeting lation that can constitute a taking of private property. The Section Spring Meeting Ritz-Carlton book also gives guidance on public employee labor law, on Intercontinental San Juan St. Louis, Missouri public employee rights under the U.S. Constitution as to San Juan, Puerto Rico freedom of speech on and off duty,rights against unreason- able search and seizure of personal property, and the con- August 10-13, 2017 sequences to the employer of a public employee's wrongful ABA Annual Meeting acts.The book gives guidance on the proper form of inter- New York, New York E governmental agreements and interstate compacts,such as mutual aid for emergency services.lhe book closes with a ~;e,: _. chapter on preparing a record for the most common form ofjudicial review of a local government action, namely, a review based on substantial evidence,together with an essay by a trial judge with much experience in that field. A Sea Change in the Law The editor is William Scheiderich, a local government continuedfrom1iage 9 attorney in Oregon with over 30 years experience and the editor of the Sections publication on eminent domain. movement. Same-sex marriage bans would remain consti- Chapter authors are from throughout the United States tutional, thereby allowing marriage bans to be revived in a with notable experience in their fields of practice. majority of states (the 14 states with in-effect bans,plus all states in which courts have invalidated same-sex marriage bans post-Windsor). Such an outcome would be a setback for those axguing for increased rights for LGBT individu- Oregon AG Ellen Rosenblum a1s (including LGBT employees). continuedfrom1iage 8 An even more crushing blow to the LGBT rights move- mentwould occur if the Court found that the Constitution Rosenblum to co-lead the AGDJ Committee.While all of does not require states to license or recognize same-sex us who practice in the substantive areas covered by the Sec- marriages. Such an outcome would keep in effect the mar- tion understand the important intersection of politics, public riage bans in 14 states and allow over 20 states to argue service, and the impact we make on the fabric of our com- that their marriage bans,which were struck down by lower munities,few of us have the opportunity to undertake the courts, should be given full effect on a prospective basis. yeoman's work of Attorneys General who protect our most Such a ruling would have ripple effects beyond the same- vulnerable populations. We applaud the work of Attorney sex marriage context. Just as pro-LGBT language from General Rosenblum and the AGDJ Committee and invite the Supreme Court will likely have an impact on lower all of you who do state-related public sector work or are court jurisprudence regarding issues surrounding LGBT interested in state activities to get involved with the Com- individuals (including employment and employee benefit mittee—and, of course, the Section—a place where you discrimination),so too would less positive or negative lan- know your work will and does make a difFerence to those guage from the Supreme Court make lower courts more without access to justice. wary of issuing rulings that increase LGBT rights.

State ~Local Law News, Volume 38, Number 4, Summer 2015 15