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ADVISORY OPINIONS AND THE NEBRASKA ATTORNEY GENERAL
Abstract
The central concern of this study is to explain the variation in the number of advisory opinions issued by state attorneys general. Specifically, the study tries to explain why the office of the Nebraska Attorney General renders a large number of opinions. The study hypothesizes that some attorneys general consistently give more advice than others because they have more opportunities and a stronger motivation to do so. This hypothesis is quantitatively tested for all state attorneys general and then qualitatively tested for the opinions of the Nebraska Attorney General. Using data published by the National Association of Attorneys General and the Council of State Governments, the opportunities and motivations of attorneys general are reflected in sixteen opportunity variables and two motivation variables. Each state's office of attorney general is given a score based upon the number of these opportunity and motivation variables it possesses or exercises. The relationship between these scores and the number of advisory opinions rendered by the state attorneys general in 1967, 1968, and 1974 is tested by simple correlation, factor analysis, and multiple regression. The study then turns to a discussion of the opinion process in Nebraska. Relying heavily on interviews with past and present members of the Nebraska Department of Justice, the study tries to show how the eighteen opportunity and motivation variables affect the advisory opinion process in Nebraska and why the interaction of these variables may explain the large number of opinions rendered by the Nebraska Attorney General. The study finds that there is a moderate relationship between the opportunity and motivation variables and advisory opinions. There is, however, a significant difference between the results of the quantitative and qualitative tests. While all eighteen of the opportunity and motivation variables appear to be significant in explaining the opinion process in Nebraska, the statistical analyses indicate that only eleven variables are significant in explaining the opinion process among all state attorneys general. In particular, those opportunity variables which reflect an attorney general's relationship with local government and the flexibility of an attorney general's powers are suggested as being crucial to the opinion process. The statistical analyses also indicate that only one of the motivation variables is related to the opinion process and that variable shows only a low level of relationship. Finally, the qualitative analysis indicates that, in practical application, several of the hypothesized variables interact with each other in such a way that they almost force some Nebraska public officials to seek the advice of the attorney general.
Subject Area
Political science
Recommended Citation
SMITH, LORAN BRADFORD, "ADVISORY OPINIONS AND THE NEBRASKA ATTORNEY GENERAL" (1980). ETD collection for University of Nebraska-Lincoln. AAI8101224.
https://digitalcommons.unl.edu/dissertations/AAI8101224