State Attorneys General

Research & Studies

• The Rise and Fall of Lead Paint Litigation in Ohio
  The Federalist Society  |  May 18, 2009
  
  
• State Court Docket Watch Spring 2009
  The Federalist Society  |  March 19, 2009
  
  
• Beyond Due Process - A Litigation Primer: Challenging Attorney General and Other Government Contingency Fee Arrangements
  Institute for Legal Reform  |  January 31, 2009
  
  Defendants in government contingency fee lawsuits should consider a variety of non-due process “bright line” challenges to contingency fee arrangements. These include challenges based on the government’s control or lack of control of the case and whether it was brought and is being litigated in the public interest; as well as challenges based on state separation of powers provisions, government contracting laws, and laws pertaining to government employment of outside counsel. This paper highlights these challenges as well as the limitations of certain of these challenges in qui tam suits, which have been brought by private plaintiffs’ attorneys to circumvent the legal and policy issues associated with more traditional government contingency fee arrangements.
• Report on Policies and Practices of State Attorneys General in Initiating and Conducting Investigations and Litigation
  Institute for Legal Reform  |  October 24, 2007
  
  It has been observed that at least some State Attorney General offices have, in recent years, taken on increasingly active roles in targeting alleged wrongdoing, including matters that cross state lines. It is perhaps less clear what specific policies and procedures are – or are not – in place that govern such activities, as well as how much variability exists across states. This study, sponsored by the U.S. Chamber Institute for Legal Reform, aims to illuminate these issues as it relates to the policies and practices of State AGs in initiating and conducting investigations and litigation. To accomplish this objective, we surveyed the 51 State AGs. Approximately 27 percent (14) provided responses.
• State Attorney General Code of Conduct: Recommended Best Practices for Initiating and Conducting Investigations and Litigation
  Institute for Legal Reform  |  October 24, 2007
  
  

  ILR has identified a set of “Best Practices” for State AGs that we are putting forward in the form of a proposed code of conduct. These recommendations are drawn from some of the existing “best practices” identified through our survey process and also from a variety of established ethics rules and canons governing lawyers, public officials and prosecutors, as well as certain state laws. Taken together, they constitute a guide to the conduct of AG investigations and litigation that will enhance transparency, consistency, predictability, and ultimately, fairness.

   

• Summary of the State Attorney General Code of Conduct
  Institute for Legal Reform  |  October 24, 2007
  
  

  The following Best Practices constitute a guide to the conduct of AG investigations and litigation that will enhance transparency, consistency, predictability, and ultimately, fairness.

   

   

• Powerpoint on State Attorney General Code of Conduct and Report on Policies and Practices of State Attorneys General
  Institute for Legal Reform  |  October 24, 2007
  
  

  This Powerpoint summarizes the results of the "Report on Policies and Practices of State Attorneys General in Initiating and Conducting Investigations and Litigation" and the "State Attorney General Code of Conduct: Recommended Best Practices for Initiating and Conducting Investigations and Litigation."

   

• Presentation of AG Survey and Code of Conduct
  Institute for Legal Reform  |  October 24, 2007
  
  

  Remarks by Linda Kelly, Vice President of Policy and Research at the U.S. Chamber Institute for Legal Reform, presenting the "Report on Policies and Practices of State Attorneys General in Initiating and Conducting Investigations and Litigation" and the "State Attorney General Code of Conduct: Recommended Best Practices for Initiating and Conducting Investigations and Litigation."

   

• The Nation's Top Ten Worst State Attorneys General
  Competitive Enterprise Institute  |  January 24, 2007
  
  
• Remarks by Tyrone Fahner on the Role of the State Attorney General
  Institute for Legal Reform  |  May 26, 2005
  
  
• Bounty Hunters on the Prowl: The Troubling Alliance of State Attorneys General and Plaintiffs' Lawyers
  Institute for Legal Reform  |  May 26, 2005
  
  
• Government by Indictment: Attorneys General and Their False Federalism,
  American Enterprise Institute  |  May 26, 2005
  
  
• The National Association of Attorneys General: An Overview
  Institute for Legal Reform  |  May 26, 2005
  
  
• Cash In, Contracts Out: The Relationship Between State Attorneys General and the Plaintiffs' Bar
  Institute for Legal Reform  |  October 14, 2004
  
  
• Restraining State Attorneys General, Curbing Government Lawsuit Abuse
  The Cato Institute  |  May 10, 2002
  
  
• The Dangers of Regulation through Litigation: The Alliance of Plaintiff's Lawyers and State Governments
  American Tort Reform Foundation  |  May 1, 2000
  
  
• Remarks by former Alabama Attorney General Bill Pryor on Curbing the Abuse of Government Lawsuits Against Industries
  American Legislative Exchange Council  |  June 1, 1999