Federalism and the politics of tobacco

Publius: The Journal of Federalism

Volumn 31, Issue 1, 2001, Pages 47-63

  Derthick, Martha ^a  

^a NONE

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[No Author keywords available]

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EID: 0039192953     PISSN: 00485950     EISSN: None     Source Type: Journal    
DOI: 10.1093/oxfordjournals.pubjof.a004881     Document Type: Article

References (53)

1. The full text of the settlement may be found on the website of the National Association of Attorneys General: http://www.naag.org; a summary may be found on the websue of the National Conference of State Legislatures: http://www.ncsl.org.
2. On cigarettes as a cause of death, see Morbidity and Mortality Weekly Report 46 (23 May 1997): 444-451. For a critique, see Robert Levy and Rosalinda Marimont, "Lies, Dammed Lies, & 400,000 Smoking-Related Deaths," Regulation 21 (Fall 1998): 24-29.
3. On cigarettes as a cause of death, see Morbidity and Mortality Weekly Report 46 (23 May 1997): 444-451. For a critique, see Robert Levy and Rosalinda Marimont, "Lies, Dammed Lies, & 400,000 Smoking-Related Deaths," Regulation 21 (Fall 1998): 24-29.
4. Some of the leading critiques are: Thomas C. O;Brien, "Constitutional and Antitrust Violations of the Multistate Tobacco Settlement," Cato Institute Policy Analysis No. 371, 18 May 2000; Thomas C. O'rien and Robert A. Levy, "A Tobacco Cartel is Born, Paid for Smokers," Wall Street Journal, 1 May 2000, p. A35; Jeremy Bulow and Paul Klemperer, "The Tobacco Deal," Brookings Papers on Economic Activity; Microeconomics, 1998 (Washington, DC: The Brookings Intitution, 1999), pp. 323-394; Michael I. Krauss, Fire & Smoke (Oakland, CA: The Independent Institute, 2000); Regulation by Litigation: The New Wave of Government-Sponsored Litigation (New York: The Manhattan Institute, 1999).
5. Some of the leading critiques are: Thomas C. O;Brien, "Constitutional and Antitrust Violations of the Multistate Tobacco Settlement," Cato Institute Policy Analysis No. 371, 18 May 2000; Thomas C. O'rien and Robert A. Levy, "A Tobacco Cartel is Born, Paid for Smokers," Wall Street Journal, 1 May 2000, p. A35; Jeremy Bulow and Paul Klemperer, "The Tobacco Deal," Brookings Papers on Economic Activity; Microeconomics, 1998 (Washington, DC: The Brookings Intitution, 1999), pp. 323-394; Michael I. Krauss, Fire & Smoke (Oakland, CA: The Independent Institute, 2000); Regulation by Litigation: The New Wave of Government-Sponsored Litigation (New York: The Manhattan Institute, 1999).
6. Some of the leading critiques are: Thomas C. O;Brien, "Constitutional and Antitrust Violations of the Multistate Tobacco Settlement," Cato Institute Policy Analysis No. 371, 18 May 2000; Thomas C. O'rien and Robert A. Levy, "A Tobacco Cartel is Born, Paid for Smokers," Wall Street Journal, 1 May 2000, p. A35; Jeremy Bulow and Paul Klemperer, "The Tobacco Deal," Brookings Papers on Economic Activity; Microeconomics, 1998 (Washington, DC: The Brookings Intitution, 1999), pp. 323-394; Michael I. Krauss, Fire & Smoke (Oakland, CA: The Independent Institute, 2000); Regulation by Litigation: The New Wave of Government-Sponsored Litigation (New York: The Manhattan Institute, 1999).
7. Some of the leading critiques are: Thomas C. O;Brien, "Constitutional and Antitrust Violations of the Multistate Tobacco Settlement," Cato Institute Policy Analysis No. 371, 18 May 2000; Thomas C. O'rien and Robert A. Levy, "A Tobacco Cartel is Born, Paid for Smokers," Wall Street Journal, 1 May 2000, p. A35; Jeremy Bulow and Paul Klemperer, "The Tobacco Deal," Brookings Papers on Economic Activity; Microeconomics, 1998 (Washington, DC: The Brookings Intitution, 1999), pp. 323-394; Michael I. Krauss, Fire & Smoke (Oakland, CA: The Independent Institute, 2000); Regulation by Litigation: The New Wave of Government-Sponsored Litigation (New York: The Manhattan Institute, 1999).
8. Some of the leading critiques are: Thomas C. O;Brien, "Constitutional and Antitrust Violations of the Multistate Tobacco Settlement," Cato Institute Policy Analysis No. 371, 18 May 2000; Thomas C. O'rien and Robert A. Levy, "A Tobacco Cartel is Born, Paid for Smokers," Wall Street Journal, 1 May 2000, p. A35; Jeremy Bulow and Paul Klemperer, "The Tobacco Deal," Brookings Papers on Economic Activity; Microeconomics, 1998 (Washington, DC: The Brookings Intitution, 1999), pp. 323-394; Michael I. Krauss, Fire & Smoke (Oakland, CA: The Independent Institute, 2000); Regulation by Litigation: The New Wave of Government-Sponsored Litigation (New York: The Manhattan Institute, 1999).
9. The Centers for Disease Control and Prevention (CDC) periodically publishes data on tobacco use and control by states. The latest such source is U. S. Department of Health and Human Services, CDC, State Tobacco Control Highlights, 1999 (Atlanta, GA: CDC Publication No. 099-5621).
10. Information about the attorneys general may be found on the NAAG website and in Cornell W. Clayton, "Law, Politics, and the New Federalism: State Attorneys General as National Policymakers," The Review of Politics 56 (Summer 1994): 525-553.
11. State of Florida v. Exxon Corporation, 526 F. 2d 266 (1976), pp. 268-269, as cited in Clayton, "Law, Politics, and the New Federalism," 528.
12. The event spawned an outpouring of excellent books by journalists: Peter Pringle, Cornered: Big Tobacco at the Bar of Justice (New York: Henry Holt & Co., 1998); Carrick Mollenkamp et al., The People vs. Big Tobacco (Princeton: Bloomberg Press, 1998); Michael Orey, Assuming the Risk (Boston and New York: Little, Brown and Co., 1999); Dan Zegart, Civil Warriors (New York: Delacorte Press, 2000). My understanding of tobacco politics rests heavily on all of these sources.
13. The event spawned an outpouring of excellent books by journalists: Peter Pringle, Cornered: Big Tobacco at the Bar of Justice (New York: Henry Holt & Co., 1998); Carrick Mollenkamp et al., The People vs. Big Tobacco (Princeton: Bloomberg Press, 1998); Michael Orey, Assuming the Risk (Boston and New York: Little, Brown and Co., 1999); Dan Zegart, Civil Warriors (New York: Delacorte Press, 2000). My understanding of tobacco politics rests heavily on all of these sources.
14. The event spawned an outpouring of excellent books by journalists: Peter Pringle, Cornered: Big Tobacco at the Bar of Justice (New York: Henry Holt & Co., 1998); Carrick Mollenkamp et al., The People vs. Big Tobacco (Princeton: Bloomberg Press, 1998); Michael Orey, Assuming the Risk (Boston and New York: Little, Brown and Co., 1999); Dan Zegart, Civil Warriors (New York: Delacorte Press, 2000). My understanding of tobacco politics rests heavily on all of these sources.
15. The event spawned an outpouring of excellent books by journalists: Peter Pringle, Cornered: Big Tobacco at the Bar of Justice (New York: Henry Holt & Co., 1998); Carrick Mollenkamp et al., The People vs. Big Tobacco (Princeton: Bloomberg Press, 1998); Michael Orey, Assuming the Risk (Boston and New York: Little, Brown and Co., 1999); Dan Zegart, Civil Warriors (New York: Delacorte Press, 2000). My understanding of tobacco politics rests heavily on all of these sources.
16. Pringle, Cornered, pp. 217-218; Orey, Assuming the Risk, p. 341.
17. Pringle, Cornered, pp. 217-218; Orey, Assuming the Risk, p. 341.
18. Pryor's statements may be found on his website, http://www.ago.state.al.us.
19. Humphrey's position is detailed in Deborah Caulfield Rybak and David Phelps, Smoked: The Inside Story of the Minnesota Tobacco Trial (Minneapolis: MSP Books, 1998). On Harshbarger, see Frank Phillips, "Bay State drops out of tobacco pact talks; Harshbarger eyes Mass. settlement," Boston Globe, 30 August 1998, p. A1.
20. Humphrey's position is detailed in Deborah Caulfield Rybak and David Phelps, Smoked: The Inside Story of the Minnesota Tobacco Trial (Minneapolis: MSP Books, 1998). On Harshbarger, see Frank Phillips, "Bay State drops out of tobacco pact talks; Harshbarger eyes Mass. settlement," Boston Globe, 30 August 1998, p. A1.
21. The details of the Mississippi case are in Orey, Assuming the Risk, part 3.
22. Junda Woo, "Tobacco Firms Face Greater Health Liability-Florida Bill Seeks to Recover State's Cost of Treating Smoking-Related Illnesses," Wall Street Journal, 3 May 1994, p. A3; Larry Rohter, "Florida Prepares New Basis to Sue Tobacco Industry," New York Times, 27 May 1994, p. A1; Agency for Health Care Administration et al. v. Associated Industries of Florida, Inc., 678 Fla. Sup. Ct. 2d 1239 (1996); Robert A. Levy, "Tobacco Medicaid Litigation: Snuffing Out the Rule of Law," Cato Institute Policy Analysis No. 275, 20 June 1997, pp. 7-8.
23. Junda Woo, "Tobacco Firms Face Greater Health Liability-Florida Bill Seeks to Recover State's Cost of Treating Smoking-Related Illnesses," Wall Street Journal, 3 May 1994, p. A3; Larry Rohter, "Florida Prepares New Basis to Sue Tobacco Industry," New York Times, 27 May 1994, p. A1; Agency for Health Care Administration et al. v. Associated Industries of Florida, Inc., 678 Fla. Sup. Ct. 2d 1239 (1996); Robert A. Levy, "Tobacco Medicaid Litigation: Snuffing Out the Rule of Law," Cato Institute Policy Analysis No. 275, 20 June 1997, pp. 7-8.
24. Junda Woo, "Tobacco Firms Face Greater Health Liability-Florida Bill Seeks to Recover State's Cost of Treating Smoking-Related Illnesses," Wall Street Journal, 3 May 1994, p. A3; Larry Rohter, "Florida Prepares New Basis to Sue Tobacco Industry," New York Times, 27 May 1994, p. A1; Agency for Health Care Administration et al. v. Associated Industries of Florida, Inc., 678 Fla. Sup. Ct. 2d 1239 (1996); Robert A. Levy, "Tobacco Medicaid Litigation: Snuffing Out the Rule of Law," Cato Institute Policy Analysis No. 275, 20 June 1997, pp. 7-8.
25. Bloomberg News, "Judge Dismisses Indiana's Tobacco Suit," Los Angeles Times, 25 July 1998, p. D2; Dow Jones Newswires, "Indiana Judge Dismisses State's Tobacco Lawsuit," Wall Street Journal, 27 July 1998, p. B2.
26. Bloomberg News, "Judge Dismisses Indiana's Tobacco Suit," Los Angeles Times, 25 July 1998, p. D2; Dow Jones Newswires, "Indiana Judge Dismisses State's Tobacco Lawsuit," Wall Street Journal, 27 July 1998, p. B2.
27. Regulation by Litigation, p. 29.
28. Clinton Rossiter, ed., The Federalist Papers (New York: Mentor Books, 1961), p. 323.
29. Regulation by Litigation, p. 64.
30. Rossiter, The Federalist, p. 294.
31. Everett Carll Ladd, "The Tobacco Bill and American Public Opinion," Public Perspective 9 (August/ September 1998): 6, 16.
32. Ladd, "The Tobacco Bill and American Public Opinion," Public Perspective 9 (August/September 1998): 19.
33. Lydia Saad, "A Half-Century of Polling on Tobacco: Most Don't Like Smoking But Tolerate It," Public Perspective (August/September 1998): 1-2.
34. Peter H. Stone, "GOP Mulls Stubbing Out an Old Ally," National Journal 30 (25 April 1998): 924. The poll was by Yankelovich Partners Inc. for CNN-Time Magazine.
35. "Poll Readings," National Journal 30 (16 May 1998): 1116.
36. Peter D. Jacobson and Jeffrey Wasserman, Tobacco Control Laws: Implementation and Enforcement (Santa Monica, CA: The Rand Corporation, 1997), p. xvii.
37. Cited in U. S. Department of Health, Education, and Welfare, Smoking and Health: A report of the Surgeon General (Washington, DC: GPO, 1979), p. iii.
38. The best sources on the history of government policies are A. Lee Fritschler and James M. Hoefler, Smoking and Politics: Policy Making and the Federal Bureaucracy, 5th ed. (Saddle River, NJ: Prentice-Hall, 1996); Richard Kluger, Ashes to Ashes (New York: Random House, Vintage Books 1997).
39. The best sources on the history of government policies are A. Lee Fritschler and James M. Hoefler, Smoking and Politics: Policy Making and the Federal Bureaucracy, 5th ed. (Saddle River, NJ: Prentice-Hall, 1996); Richard Kluger, Ashes to Ashes (New York: Random House, Vintage Books 1997).
40. For accounts of grass-roots activity see Kluger, Ashes to Ashes, and Stanton A. Glantz and Edith D. Balbach, Tobacco War: Inside the California Battles (Berkeley: University of California Press, 2000).
41. For accounts of grass-roots activity see Kluger, Ashes to Ashes, and Stanton A. Glantz and Edith D. Balbach, Tobacco War: Inside the California Battles (Berkeley: University of California Press, 2000).
42. David Rohde, "Lawyers Complain City Crackdown Expanded to Subway Smoking," New York Times, 11 June 2000, p. 35.
43. U. S. Department of Health and Human Services, Centers for Disease Control and Prevention, Morbidity and Mortality Weekly Report 44 (3 November 1995) CDC Surveillance Summaries, no. SS-6: 1-15.
44. http://www.cdc.gov/epo/mmwr/preview/mmwrhtrnl/mm4843a2.htm, 1 July 2000.
45. Jacobson and Wasserman, Tobacco Control Laws, pp. 62-63; the data on numbers of state laws are from Morbidity and Mortality Weekly Report, 3 November 1995.
46. Jacobson and Wasserman, Tobacco Control Laws, pp. 62-63; the data on numbers of state laws are from Morbidity and Mortality Weekly Report, 3 November 1995.
47. Barry Meier, "States and Cities Impose New Laws on Young Smokers," New York Times, 7 December 1997, p. A1.
48. Daynard's arguments may be found in several venues. See "Tobacco Liability Litigation as a Cancer Control Strategy," Journal of the National Cancer Institute 80 (March 1988): 9-13; "Catastrophe Theory and Tobacco Litigation," Tobacco Controls 3 (Spring 1994): 59-64.
49. Daynard's arguments may be found in several venues. See "Tobacco Liability Litigation as a Cancer Control Strategy," Journal of the National Cancer Institute 80 (March 1988): 9-13; "Catastrophe Theory and Tobacco Litigation," Tobacco Controls 3 (Spring 1994): 59-64.
50. Alan Greenblatt, "Lucky Strike," Governing 14 (October 2000): 42-45.
51. Barry Meier, "It Just Looks Like A Smoking Gun," New York Times, 12 December 1999, WK6; Pam Belluck, "Chicago Gun Suit Fails, But California's Proceeds," New York Times, 16 September 2000, p. A8; Richard B. Schmitt, "Cities Begin Fact-Finding Phase in Gun Lawsuits," Wall Street Journal, 25 September 2000, p. B30.
52. Barry Meier, "It Just Looks Like A Smoking Gun," New York Times, 12 December 1999, WK6; Pam Belluck, "Chicago Gun Suit Fails, But California's Proceeds," New York Times, 16 September 2000, p. A8; Richard B. Schmitt, "Cities Begin Fact-Finding Phase in Gun Lawsuits," Wall Street Journal, 25 September 2000, p. B30.
53. Barry Meier, "It Just Looks Like A Smoking Gun," New York Times, 12 December 1999, WK6; Pam Belluck, "Chicago Gun Suit Fails, But California's Proceeds," New York Times, 16 September 2000, p. A8; Richard B. Schmitt, "Cities Begin Fact-Finding Phase in Gun Lawsuits," Wall Street Journal, 25 September 2000, p. B30.