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achieve a settlement administrative process American Enterprise Institute antitrust Appointments Clause best arguments budget Civil Division client agency Columbia Circuit Congress CONSTITUTIONAL CONSTRAINTS convince the government cost of litigation Court of Appeals Department of Justice departments and agencies discuss dispute executive branch federal government government as litigator government lawyers government's Harvard Law Harvard Law Review Harvard Law School important Independent Counsel interest to settle involved Justice Department Law Review Law School lawsuit Legal Counsel magna cum laude matter National Legal Center Office of Legal particular persuade PRELITIGATION STEPS President private litigant private parties private practice private sector prosecutor prosecutorial culture Public Interest question Reagan administration regulation regulatory regime ROBERT H separation of powers Solicitor General's SUCCESSFUL SETTLEMENT STRATEGIES Takings Clause tell the government U.S. Attorneys U.S. Court U.S. Department U.S. Supreme Court utilities variety of views wants to settle Washington White House Willard served Yale Law School