81013116

open access

Version of Record

アメリカ連邦政府に対する多州連合訴訟における州司法長官の提訴パターンの質的比較分析 : オバマ政権の環境政策の事例を中心に

Behavioral Patterns of State Attorney Generals in Multistate Litigations against the Obama Administrations : A Qualitative Comparative Analysis of the Environmental Policies-Related Cases

Japanese (日本語)

Intercultural Studies Review

35

248-271

神戸大学大学院国際文化学研究科

2022-03-18

2022-03-23

In the United States, state attorney generals ( AGs) have become important policymaking actors during the Obama Presidency. Republican A Gs tend to sue against the ferrasdfsadfsdfderal government by partisan route on behalf of the state governments and affect federal policy. The partisanship, however, cannot explain enough the divergence of patterns of participation in these lawsuits, like the case of Kentucky State, where Democratic state attorney general Andy Beshear joined the lawsuit that challenges against the Obama Administration's environmental policies. What conditions, then, are required to make AGs sue against the federal government? Although previous studies have put emphasis on state attorney generals' electoral and political incentives and demonstrated that those factors have positive correlations with their actions at law. However, the previous studies have analyzed under an implicit assumption that those conditions are independent of each other, neglecting the conjunctural effects among those conditions. To examine how the conjunctural effects of conditions affect AG's action at law, this study integrated the conditions that possibly affect AG's actions and analyzed th em under the Qualitative comparative analysis (QCA) method, which is appropriate for analyzing diversity and complexity among cases. As a result of the analysis, I found that Republican state attorney generals in "swing states" are most likely to sue against Democratic federal government if anti-environment lobbies are powerful in their states and state attorney generals are loyal to the party ideology even when public opinions in their state are pro-environment.

行動科学的分析

紀要論文