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1 Beaverton Sociology- American Studies

Up in Smoke From Legislation To Litigati

by

Up in Smoke From Legislation To Litigati Cover

 

Synopses & Reviews

Publisher Comments:

Since the 1960s, the government's attempts at tobacco control have operated through standard channels, what Martha Derthick calls "ordinary politics." Legislation was debated in elected legislatures, and after three decades of limited government coercion, adult smoking in the United States dropped by about half.

A dramatic shift occurred in the 1990s. David A.Kessler at the FDA reinterpreted his agency's statutory charter intent to regulate tobacco more stringently, while tort lawyers rich from asbestos settlements collaborated with state attorneys general to go after cigarette manufacturers. What ensued - the master settlement agreement - is a story of legislation circumvented and constitutional principles evaded.

Up in Smoke is a clearly-written, fast-paced account of one of the most contested issues in American politics. Touching on questions of separation of powers, the roles of interest groups and the legal profession, the influence of money in politics, and government regulation versus individual responsibility, Derthick wonders how far ought a government go in protecting its citizens against their vices?

Table of Contents

1. A New Way of Regulating Tobacco

Shift in Policymaking Strategy
Master Settlement Agreement
FDA Campaign
Purpose of the Book

2. The Ordinary Politics of Legislation

Smoking Linked to Cancer
Birth of the Antismoking Movement
State and Local Legislation

3. Ordinary Torts: Litigation Before It Was Substituted for Legislation

The Early Cases
Later Litigation
The Ascendancy of the Lawyers
The Search for a Sager Cigarette

4. The Drive for FDA Regulation

Kessler Engages the Issue
Getting the Goods on the Industry
Enlisting President Clinton
The Regulations

5. The New Wave of Litigation

The Lawyers
Planning the Strategy
Entry of Other States
Division within the Industry
The Settlement
Closing Ceremonies

6. The Changed Context of Policymaking

New Issues and the Culture Wars
The Institutionalization of Cause Advocacy
The Growth of Government
Nationalization and Media-ization of Politics

7. The 1997 Settlement Dies in Congress

The Tortuous Path to Defeat
Public Opinion on Tobacco Regulation
The Power of Industry Money
Obstacles on the Hill: Can Congress Act?

8. The FDA Regulations Die in Court

The Regulations and the Settlement
The Regulations in Court
The End of the FDA's Program of Tobacco Control

9. The Master Settlement Agreement of 1998

How Could the States Agree?
The Master Settlement Agreement of 1998
The Continuing Opposition of Public Health Activists

10. The Aftermath of the MSA

Money Flows to State Governments
Tort Lawyers Earn Record Fees
The Federal Government Sues
Private Litigants Win Some Cases
The Industry Adapts

11. Ordinary Politics Versus Adversarial Legalism

Results: The Reduction in Smoking
Why Abandon Legislation?
Is Litigation Superior?
What Happened to Checks and Balances?
Can the MSA Be Revised?
Will the MSA Be Repeated?
What Next for Tobacco?

Chronology
Index

Product Details

ISBN:
9781568026695
Author:
Derthick, Martha
Publisher:
Academic Internet Publishers
Author:
Cram 101
Author:
Cram101 Textbook Reviews
Author:
All Material Written by Cram101, Materia
Author:
Derthick
Author:
Cram 101
Location:
Washington, D.C.
Subject:
History
Subject:
Products liability
Subject:
Tobacco
Subject:
Industries - General
Subject:
General
Subject:
Education-General
Copyright:
Edition Description:
Includes bibliographical references and index.
Series Volume:
107-72
Publication Date:
20070831
Binding:
TRADE PAPER
Language:
English
Illustrations:
Yes
Pages:
80
Dimensions:
11.00x8.25x.17 in. .44 lbs.

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Related Subjects

History and Social Science » American Studies » Drugs and Culture
History and Social Science » Law » General
History and Social Science » Politics » General
History and Social Science » Sociology » American Studies

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