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achieve a settlement administrative process American Enterprise Institute antitrust Appointments Clause best arguments budget Civil Division client agency CLIFFORD Columbia Circuit Congress CONSTITUTIONAL CONSTRAINTS convince the government COOPER cost of litigation Court of Appeals Department of Justice departments and agencies dispute executive branch federal government going govemment 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 lawsuit Legal Counsel magna cum laude matter National Legal Center Office of Legal particular persuade political PRELITIGATION STEPS President private litigant private parties private practice private property property interests prosecutor prosecutorial culture Public Interest question Reagan administration regulation regulatory regime separation of powers SLOAN 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 White House Willard served Yale Law School