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An Integrated Model of U.S. State Attorney General Behavior in Multi-State Litigation

Published online by Cambridge University Press:  25 January 2021

Colin Provost
Colin Provost*
Affiliation:
University College London
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Abstract

Multi-state lawsuits, filed by U.S. state attorneys general (AGs), have become an important method by which state consumer protection laws are enforced. Patterns of participation in these lawsuits vary tremendously across the states, yet little is known about the factors driving this variation. I argue that state AGs are primarily concerned with achieving electoral and policymaking goals. Consequently, I expect AGs to be responsive to strong consumer interests and to participate in cases with severe infractions. Additionally, whether it is for public interest or electoral goals, AGs should be attracted to cases that promise bigger settlements. My analysis of each state's decision to join each of 172 multi-state lawsuits filed and settled between 1989 and 2002 provides support for each of these hypotheses.

Type
Research Article
Information
State Politics & Policy Quarterly , Volume 10 , Issue 1 , Spring 2010 , pp. 1 - 24
Copyright
Copyright © 2010 by the Board of Trustees of the University of Illinois

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References

Beales, Howard, and Muris, Timothy. 1993. State and Federal Regulation of National Advertising. Washington, DC: American Enterprise Institute.Google Scholar
Bernacchi, Michael. 1976. “A Regional Analysis of State Consumer Protection Budgets.” Journal of Consumer Affairs 10:239–44.CrossRefGoogle Scholar
Berry, William D. 1984. “An Alternative to the Capture Theory of Regulation: The Case of State Public Utility Commissions.” American Journal of Political Science 28:524–58.CrossRefGoogle Scholar
Berry, William D., Ringquist, Evan J., Fording, Richard C., and Hanson, Russell L.. 1998. “Measuring Citizen and Government Ideology in the American States, 1960–1993.” American Journal of Political Science 42:327–48.CrossRefGoogle Scholar
Besley, Timothy, and Coate, Stephen. 2000. “Elected versus Appointed Regulators: Theory and Evidence.” National Bureau of Economic Research Working Paper No. W7579.Google Scholar
Bowman, Ann O'M. 2004. “Horizontal Federalism: Exploring Interstate Interactions,” Journal of Public Administration Research and Theory 14:535–46.CrossRefGoogle Scholar
Bowman, Ann O'M., and Kearney, Richard. 1988. “Dimensions of State Government Capability.” Western Political Quarterly 41:341–62.CrossRefGoogle Scholar
Boylan, Richard T. 2005. “What Do Prosecutors Maximize? Evidence from the Careers of U.S. Attorneys.” American Law and Economics Review 7:379–402.CrossRefGoogle Scholar
Brace, Paul, Sims-Butler, Kellie, Arceneaux, Kevin, and Johnson, Martin. 2002. “Public Opinion in the American States: New Perspectives Using National Survey Data.” American Journal of Political Science 46:173–89.CrossRefGoogle Scholar
Burstein, Paul. 2003. “The Impact of Public Opinion on Public Policy: A Review and an Agenda.” Political Research Quarterly 56:29–40.CrossRefGoogle Scholar
Calkins, Stephen. 2003. “Perspectives on State and Federal Antitrust Enforcement.” Duke Law Journal 53:673–737.Google Scholar
Clayton, Cornell W. 1994. “Law, Politics, and the New Federalism: State Attorneys General as National Policymakers.” Review of Politics 56:525–53.CrossRefGoogle Scholar
Davids, Justin G. 2005. “State Attorneys General and the Client-Attorney Relationship: Establishing the Power to Sue State Officers.” Columbia Journal of Law and Social Problems 38:365–414.Google Scholar
DeBow, Michael. 2002. “Restraining State Attorneys General, Curbing Government Lawsuit Abuse.” Policy Analysis 437:1–18.Google Scholar
Derthick, Martha. 2002. Up in Smoke: From Legislation to Litigation in Tobacco Politics. Washington, DC: Congressional Quarterly Press.Google Scholar
Eisenstein, James. 1978. Counsel for the United States: U.S. Attorneys in the Political and Legal Systems. Baltimore, MD: Johns Hopkins Press.Google Scholar
Erikson, Robert S., Wright, Gerald C., and McIver, John P.. 1993. Statehouse Democracy: Public Opinion and Policy in the American States. Cambridge, UK: Cambridge University Press.Google Scholar
Ford, Gary. 1977. “State Characteristics Affecting the Passage of Consumer Legislation.” Journal of Consumer Affairs 11:177–82.CrossRefGoogle Scholar
Gerber, Brian J., and Teske, Paul. 2000. “Regulatory Policymaking in the American States: A Review of Theories and Evidence.” Political Research Quarterly 53:849–86.CrossRefGoogle Scholar
Gordon, Sanford C., and Huber, Gregory A.. 2002. “Citizen Oversight and the Electoral Incentives of Criminal Prosecutors.” American Journal of Political Science 46:334–51.CrossRefGoogle Scholar
Gormley, William T. Jr. 1983. “Policy, Politics, and Public Utility Regulation.” American Journal of Political Science 27:86–105.CrossRefGoogle Scholar
Gormley, William T. Jr. 1986. “Regulatory Issue Networks in a Federal System.” Polity 18:595–620.CrossRefGoogle Scholar
Gray, Virginia, Lowery, David, Fellowes, Matthew, and McAtee, Andrea. 2004. “Public Opinion, Public Policy, and Organized Interests in the American States.” Political Research Quarterly 57:411–20.CrossRefGoogle Scholar
Greve, Michael S. 2005. “Cartel Federalism-Antitrust Enforcement by State Attorneys General.” University of Chicago Law Review 72:99–123.Google Scholar
Greenblatt, Alan. 2003. “The Avengers General.” Governing: The Magazine of States and Localities 16:52–6.Google Scholar
Jacoby, William J., and Schneider, Saundra K.. 2001. “Variabilities in State Policy Priorities: An Empirical Analysis.” The Journal of Politics 63:544–68.CrossRefGoogle Scholar
Jones, Bryan D. 1994. Reconceiving Decision-Making in Democratic Politics. Chicago, IL: University of Chicago Press.Google Scholar
Lynch, Jason. 2001. “Federalism, Separation of Powers and the Role of State Attorneys General in Multistate Litigation.” Columbia Law Review 101:1998–2032.CrossRefGoogle Scholar
Mahtesian, Charles. 1996. “Blocked Path to the Big Job.” State Government: CQ's Guide to Issues and Activities 1996–97, ed., Beyle, Thad L.. Washington, DC: Congressional Quarterly.Google Scholar
Meier, Kenneth. 1987. “The Political Economy of Consumer Protection: An Examination of State Legislation.” Western Political Quarterly 30:343–59.Google Scholar
Meyer, Timothy. 2007. “Federalism and Accountability: State Attorneys General, Regulatory Litigation, and the New Federalism.” California Law Review 95:885–915.Google Scholar
Peltzman, Sam. 1976. “Toward a More General Theory of Regulation.” Journal of Law and Economics 19:211–40.CrossRefGoogle Scholar
Posner, Richard A. 1969. “The Federal Trade Commission.” University of Chicago Law Review 37:47–89.CrossRefGoogle Scholar
Posner, Richard A. 1975. “The Social Costs of Monopoly and Regulation.” Journal of Political Economy 83:807–28.CrossRefGoogle Scholar
Posner, Richard A. 2004. “Federalism and the Enforcement of Antitrust Laws by State Attorneys General.” Competition Laws in Conflict, eds., Epstein, Richard A. and Greve, Michael S.. Washington, DC: American Enterprise Institute.Google Scholar
Provost, Colin. 2003. “State Attorneys General, Entrepreneurship, and Consumer Protection in the New Federalism.” Publius: The Journal of Federalism 33:37–53.CrossRefGoogle Scholar
Provost, Colin. 2006. “The Politics of Consumer Protection: Explaining State Attorney General Participation in Multi-State Lawsuits.” Political Research Quarterly 59:609–18.CrossRefGoogle Scholar
Provost, Colin. 2008. “When is AG Short for Aspiring Governor? Institutional Structure, Policy Making Dynamics and Ambition in the Office of Attorney General.” Presented at the Annual Meeting of the Midwest Political Science Association, Chicago, Illinois.Google Scholar
Pryor, William H. Jr. 1997. “Litigators' Smoke Screen.” Wall Street Journal, 7 April, A14.Google Scholar
Pryor, William H. Jr. 2000. “Comparison of Abuses and Reforms of Class Actions and Multigovernment Lawsuits.” Tulane Law Review 74:1885–919.Google Scholar
Ringquist, Evan J., Worsham, Jeff, and Eisner, Marc Allen. 2003. “Salience, Complexity, and Legislation Direction of Regulatory Bureaucracies.” Journal of Public Administration Research and Theory 13:141–64.CrossRefGoogle Scholar
Ross, Lynne, ed. 1990. State Attorneys General: Powers and Responsibilities. Washington, DC: Bureau of National Affairs, Inc.Google Scholar
Schmeling, Thomas A. 2003. “Stag Hunting with the State AG: Anti-Tobacco Litigation and the Emergence of Cooperation Among State Attorneys General.” Law and Policy 25:429–54.CrossRefGoogle Scholar
Sigelman, Lee, and Smith, Roland. 1980. “Consumer Legislation in the American States: An Attempt at Explanation.” Social Science Quarterly 61:58–70.Google Scholar
Solberg, Rorie Spill, and Ray, Leonard. 2005. “Capacity, Attitudes, and Case Attributes: the Differential Success of the States before the United States Court of Appeals.” State Politics and Policy Quarterly 5:147–67.CrossRefGoogle Scholar
Spill, Rorie L., Licari, Michael J., and Ray, Leonard. 2001. “Taking on Tobacco: Policy Entrepreneurship and the Tobacco Litigation.” Political Research Quarterly 54:605–22.CrossRefGoogle Scholar
Stigler, George. 1971. “The Theory of Economic Regulation.” The Bell Journal of Economics and Management Science 2:3–21.CrossRefGoogle Scholar
Swinerton, E. Nelson. 1968. “Ambition and American State Executives.” Midwest Journal of Political Science 12:538–49.CrossRefGoogle Scholar
Tierney, James (Former Maine Attorney General, 1981–91). 2002. Phone Interview with Author. November.Google Scholar
Whitford, Andrew. 2002. “Bureaucratic Discretion, Agency Structure, and Democratic Responsiveness: the Case of the United States Attorneys.” Journal of Public Administration Research and Theory 12:3–27.CrossRefGoogle Scholar
Wilson, James. 1980. The Politics of Regulation. New York, NY: Basic Books.Google Scholar
Witko, Christopher, and Newmark, Adam J.. 2005. “Business Mobilization and Public Policy in the U.S. States.” Social Science Quarterly 86:356–67.CrossRefGoogle Scholar
Wlezien, Christopher. 2004. “Patterns of Representation: Dynamics of Public Preferences and Policy.” The Journal of Politics 66:1–24.CrossRefGoogle Scholar
Zimmerman, David. 1999. “Why State Attorneys General Should Have a Limited Role in Enforcing the Federal Antitrust Law of Mergers.” Emory Law Journal 48:337–66.Google Scholar
Zimmerman, Joseph. 1998. “Interstate Cooperation: The Roles of the State Attorneys General.” Publius: The Journal of Federalism 28:71–89.CrossRefGoogle Scholar
Zorn, Christopher. 2001. “Generalized Estimating Equation Models for Correlated Data: A Review with Applications.” American Journal of Political Science 45:470–90.CrossRefGoogle Scholar