I. Multistate Advocacy

Over the last thirty years, attorneys general have increasingly worked together in multistate advocacy. This section explores this development in a wide range of different subject matter areas and the theoretical underpinnings of multistate relationship with the federal government.

  1. Jason Lynch, "Federalism, Separation of Powers, and the Role State Attorneys General in Multistate Litigation," 101 Colum. L. Rev. 1998 (2001)
  2. Thomas Schmeling, “Stag Hunting with the State AG: Anti-Tobacco Litigation and the Emergence of Cooperation Among State Attorneys General,” Law & Policy, October 2003
  3. Clevenger, A. “AG's offices settles with Publishers Clearing House” The Charleston Gazette. 2010, September 9; Penn, I. “Sweepstakes 'winners' complain about charges from National Magazine Exchange,” Tampa Bay Times. 2011, February 25
  4. Lupika, Mitch. “Consumer Complaints Against DIRECTV lead to $14 million Settlement,” Daily Finance. 2010, December 14
  5. Delaware Office of The Attorney General. (July 29, 2014) “Biden Acts to Protect Military Servicemembers from Predatory Lending Scheme” [Press Release]
  6. Nolette Paul, [March 5, 2015], State attorneys general are more and more powerful. Is that a problem?, The Washington Post
  7. Potential Multistate Case Hypothetical

II.    Private Counsel

All attorneys general use outside counsel on matters great and small.  Since the tobacco cases in the 1990’s and the Concepcion decision limiting private cases, attorneys general utilizing contingent counsel on other matters. .  Attorneys general also utilize outside counsel on an hourly or pro bono basis as indicated in the Obama era use of private counsel to attack a series of Administration initiatives such as the Affordable Care Act and various immigration and environmental efforts.

  1. State v. Lead Industries Association, Inc. 951 A.2d 428 (R.I. 2008) (Edited)
  2. Georgia “Attorney general sets contingency fee policy”. Walter C. Jones, Morris News Service, May 30, 2012
  3. Ryan Luby, Attorney general [Hector Balderas] unveils changes on hiring private lawyers, KOB Eyewitness News 4, March 30, 2015
  4. Kansas AG defends decision to hire outside abortion counsel. The Capital-Journal, 2011, July 15

  5. Elmore, Charles, “Lobbying group picks up costs of Florida's health-care legal challenge,” Palm Beach Post, Feb. 19, 2011