Hastings Constitutional Law Quarterly


"The Political Price of the Independent Counsel Law" is a comprehensive study of Title VI of the Ethics in Government Act of 1978, commonly known as the independent counsel law.

The essay begins by detailing Kenneth Starr's current investigation into President Clinton's dealings with the Whitewater Development Company. The author includes the Whitewater example to illustrate the flaws in the current system. Next, the essay discusses the political climate that led to the creation of the Act, the procedural initiation requirements, and the constitutionality of the Act. After giving the reader a working background in the law, the author sets forth three areas, that if reformed, will help the independent counsel law fulfill its original purpose. The author asserts that by adjusting the scope, initiation procedures, and compensation provisions, the adverse effects illustrated in the Whitewater example could be eliminated.