Up in smoke [[electronic resource] ] : from legislation to litigation in tobacco politics / / Martha A. Derthick

• Record Nr.: UNINA9910787220503321
• Autore: Derthick Martha
• Pubbl/distr/stampa: Washington, D.C., : CQ Press, c2012
• ISBN: 1-4833-0464-7; 1-4522-8564-0; 1-4833-8767-4
• Edizione: [3rd ed.]
• Descrizione fisica: 1 online resource (xiv, 265 p.) : ill
• Disciplina: 338.4767970973
• Soggetti: Tobacco - Law and legislation - United States; Tobacco - Government policy - United States; Products liability - Tobacco - United States - History
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Includes index.
• Nota di bibliografia: Includes bibliographical references and index.
• Nota di contenuto: Up in Smoke; Contents; Preface; CHAPTER ONE A New Way of Regulating Tobacco; Shift in Policymaking Strategy ; Master Settlement Agreement ; FDA Campaign ; Tobacco and Adversarial Legalism; Notes ; CHAPTER TWO The Ordinary Politics of Legislation; Smoking Linked to Cancer ; Birth of the Antismoking Movement ; Congress as National Policymaker ; Warning Labels and the 1965 Law; Congressional Control; Decline of the Industry's Power; State and Local Legislation ; Notes ; CHAPTER THREE Ordinary Torts: Litigation before It Was Substituted for Legislation; The Early Cases ; Later Litigation; The Ascendancy of the Lawyers"A Frank Statement" to Smokers; Fighting Mounting Evidence; The Search for a Safer Cigarette; Notes; CHAPTER FOUR The Drive for FDA Regulation; Kessler Engages the Issue; Getting the Goods on the Industry; Enlisting President Clinton; The Regulations; Notes; CHAPTER FIVE The New Wave of Litigation; The Lawyers; Planning the Strategy; Entry of Other States; Division within the Industry; The Settlement; Closing Ceremonies; Notes; CHAPTER SIX The Changed Context of Policymaking; New Issues and the Culture Wars; The Institutionalization of Cause Advocacy; Foundation FundingFaculty Activists; The Growth of Government; The ; Nationalization and Media-ization of Politics; Cooperation among Attorneys General; "Ambulance Chasing" Grows in Scale; The Role of the Media; Notes; CHAPTER SEVEN The 1997 Settlement Dies in Congress; The Tortuous Path to Defeat; The McCain Bill; Understanding Defeat; Public Opinion on Tobacco Regulation; The Power of Industry Money; Campaign Spending; Lobbying; Advertising and Promotion; Return on Investment?; Obstacles on the Hill; Mounting Opposition; Notes; CHAPTER EIGHT The FDA Regulations Die in Court; The Regulations and the SettlementLimits on FDA Authority; Goals of the Public Health Advocates; The Regulations in Court; The District Court; The Circuit Court; The Supreme Court; The End of the FDA's Program of Tobacco Control; Notes; CHAPTER NINE The Master Settlement Agreement of 1998; How Could the States Agree?; The Florida Case; Cases in Texas and Minnesota; The Remaining Forty-Six States; The Agreement; Two Kinds of Opposition; Notes; CHAPTER TEN The Aftermath of the MSA; Battling the MSA in Court; Upstart Manufacturers; The Lingering Threat; Weighing the Benefits; The Tort Lawyers; NotesCHAPTER ELEVEN After Litigation, a Return to Legislation; Congress Acts: Ordinary Politics at Work; Tobacco Turns Partisan; The Tobacco Buyout: A Marriage of Convenience; The Defection of Philip Morris; Regulation in the New Era; Notes; CHAPTER TWELVE Ordinary Politics versus Adversarial Legalism; The Roots of Adversarial Legalism; What Happened to Checks and Balances?; The Results of Adversarial Legalism; The Bottom Line; A New Era; Notes; Chronology of Cigarette Regulation in the United States; Index
• Sommario/riassunto: Tobacco politics has been an issue fraught with significant legal, commercial, and public policy implications. Originally Derthick took a nuanced look at tobacco politics in a new era of 'adversarial legalism' and the consequences, both intended and unintended, of the Master Settlement Agreement. In the 3rd edition, she returns to 'ordinary politics' and the passage of the Family Smoking Prevention and Tobacco Control Act, and shows political institutions working as they should, even if slowly, with partisanship and interest group activity playing their part in putting restraints on cigarette smoking.