LEADER 05264nam 2200625 a 450 001 9910816136303321 005 20161219111824.0 010 $a1-4833-0464-7 010 $a1-4522-8564-0 010 $a1-4833-8767-4 035 $a(CKB)3710000000333671 035 $a(EBL)1921099 035 $a(SSID)ssj0001400519 035 $a(PQKBManifestationID)12629049 035 $a(PQKBTitleCode)TC0001400519 035 $a(PQKBWorkID)11344267 035 $a(PQKB)10970495 035 $a(MiAaPQ)EBC1921099 035 $a(OCoLC)900540359 035 $a(StDuBDS)EDZ0000988979 035 $a(EXLCZ)993710000000333671 100 $a20141202d2012 fy| 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt 182 $cc 183 $acr 200 10$aUp in smoke $efrom legislation to litigation in tobacco politics /$fMartha A. Derthick 205 $a3rd ed. 210 $aWashington, D.C. $cCQ Press$dc2012 215 $a1 online resource (xiv, 265 p.) $cill 300 $aIncludes index. 311 $a1-322-63975-2 311 $a1-4522-0223-0 320 $aIncludes bibliographical references and index. 327 $aUp 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 327 $aThe 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 327 $aFoundation 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 327 $aThe 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 327 $aNotesCHAPTER 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 330 8 $aTobacco 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. 606 $aTobacco$xLaw and legislation$zUnited States 606 $aTobacco$xGovernment policy$zUnited States 606 $aProducts liability$xTobacco$zUnited States$xHistory 615 0$aTobacco$xLaw and legislation 615 0$aTobacco$xGovernment policy 615 0$aProducts liability$xTobacco$xHistory. 676 $a338.4767970973 700 $aDerthick$b Martha$0502205 801 0$bStDuBDS 801 1$bStDuBDS 906 $aBOOK 912 $a9910816136303321 996 $aUp in smoke$94127630 997 $aUNINA