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Author: Martha Derthick Publisher: CQ Press ISBN: Category : Products liability Languages : en Pages : 288
Book Description
In a landmark report by the U.S. Surgeon General in 1964, the government warned its citizens of the adverse effects of smoking on their health and took a series of steps to discourage smoking. These steps stemmed from “ordinary politics” –that is, actions taken or authorized by legislatures. 1994 heralded a new era in tobacco politics: of “adversarial legalism,” wherein state attorneys general sued leading cigarette manufacturers for the harm they had done to public health. These law-suits culminated in the Master Settlement Agreement (MSA) that directed an estimated $250 billion to state governments over the next 25 years and imposed new marketing and advertising restrictions. In her second edition, Martha Derthick introduces new evidence from 5 years of experience under the MSA to show that the states were more interested in raising revenue than in improving tobacco control, that the enrichment of wealthy tort lawyers violated the legal profession's ethics, and that the agreement, ironically, spawned the rise of small, upstart cigarette manufacturers able to undersell the major companies. In this clearly written, fast-paced case study, Derthick concludes that the tobacco lawsuits not only produced flawed public policy that flouted the American system of checks and balances, but has done little to improve or better safeguard public health.
Author: Robert Bork Publisher: ISBN: 9781736089712 Category : Languages : en Pages : 536
Book Description
The most important book on antitrust ever written. It shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses.
Author: Allan M. Brandt Publisher: Basic Books ISBN: 0786721901 Category : History Languages : en Pages : 644
Book Description
The invention of mass marketing led to cigarettes being emblazoned in advertising and film, deeply tied to modern notions of glamour and sex appeal. It is hard to find a photo of Humphrey Bogart or Lauren Bacall without a cigarette. No product has been so heavily promoted or has become so deeply entrenched in American consciousness. And no product has received such sustained scientific scrutiny. The development of new medical knowledge demonstrating the dire harms of smoking ultimately shaped the evolution of evidence-based medicine. In response, the tobacco industry engineered a campaign of scientific disinformation seeking to delay, disrupt, and suppress these studies. Using a massive archive of previously secret documents, historian Allan Brandt shows how the industry pioneered these campaigns, particularly using special interest lobbying and largesse to elude regulation. But even as the cultural dominance of the cigarette has waned and consumption has fallen dramatically in the U.S., Big Tobacco remains securely positioned to expand into new global markets. The implications for the future are vast: 100 million people died of smoking-related diseases in the 20th century; in the next 100 years, we expect 1 billion deaths worldwide.
Author: National Research Council Publisher: National Academies Press ISBN: 0309317150 Category : Law Languages : en Pages : 316
Book Description
Tobacco use has declined because of measures such as high taxes on tobacco products and bans on advertising, but worldwide there are still more than one billion people who regularly use tobacco, including many who purchase products illicitly. By contrast to many other commodities, taxes comprise a substantial portion of the retail price of cigarettes in the United States and most other nations. Large tax differentials between jurisdictions increase incentives for participation in existing illicit tobacco markets. In the United States, the illicit tobacco market consists mostly of bootlegging from low-tax states to high-tax states and is less affected by large-scale smuggling or illegal production as in other countries. In the future, nonprice regulation of cigarettes - such as product design, formulation, and packaging - could in principle, contribute to the development of new types of illicit tobacco markets. Understanding the U.S. Illicit Tobacco Market reviews the nature of illicit tobacco markets, evidence for policy effects, and variations among different countries with a focus on implications for the United States. This report estimates the portion of the total U.S. tobacco market represented by illicit sales has grown in recent years and is now between 8.5 percent and 21 percent. This represents between 1.24 to 2.91 billion packs of cigarettes annually and between $2.95 billion and $6.92 billion in lost gross state and local tax revenues. Understanding the U.S. Illicit Tobacco Market describes the complex system associated with illicit tobacco use by exploring some of the key features of that market - the cigarette supply chain, illicit procurement schemes, the major actors in the illicit trade, and the characteristics of users of illicit tobacco. This report draws on domestic and international experiences with the illicit tobacco trade to identify a range of possible policy and enforcement interventions by the U.S. federal government and/or states and localities.
Author: Paul B. Hewitt Publisher: American Bar Association ISBN: 9781590316986 Category : Law Languages : en Pages : 380
Book Description
Among other topics, the 2005 Annual Review discusses: - The Supreme Court's decision in Reeder-Simco, the Court's first R-P case in more than a decade; - The Sixth Circuit's Northwest Airlines decision remanding a predatory pricing case for trial; - Divergent court decisions upholding and condemning reverse payments patent litigation settlements; - FTC adjudicatory opinions addressing consummated mergers and price fixing; - FTC and DOJ appellate victories in joint venture, partial acquisition, and exclusive dealing cases; - Key court of appeals decisions discussing bankruptcy antitrust issues, the Illinois Brick co-conspirator exception, antitrust immunities, predatory overbidding, and class action and other procedural issues; - The court decision in Wal-Mart v. Visa approving the largest antitrust settlement in history; and more.
Author: Gary L. Fisher Publisher: SAGE ISBN: 1412950848 Category : Medical Languages : en Pages : 1153
Book Description
This collection provides authoritative coverage of neurobiology of addiction, models of addiction, sociocultural perspectives on drug use, family and community factors, prevention theories and techniques, professional issues, the criminal justice system and substance abuse, assessment and diagnosis, and more.
Author: American Bar Association Editors Publisher: American Bar Association ISBN: 9781604428865 Category : Law Languages : en Pages : 462
Book Description
For over 37 years, Antitrust Law Developments and its annual supplements have been recognized as the single most authoritative and comprehensive set of research tools for antitrust practitioners. The 2009 Annual Review of Antitrust Law Developments summarizes developments during 2009 in the courts, at the agencies, and in Congress.
Author: Marco Frigessi di Rattalma Publisher: Springer ISBN: 3319483234 Category : Law Languages : en Pages : 224
Book Description
This book explains, compares and assesses the legal implications of Dieselgate within a range of selected jurisdictions and at the EU, international and comparative law level.The book analyses the US EPA-VW $14.7 billion dollar settlement of 2016, one of the largest civil settlements in the history of environmental law. As it shows, the Dieselgate affair has raised a host of issues concerning corporate and social responsibility, tort liability, environmental liability, contractual defective products, warranty, and false environmental claims in a range of jurisdictions. Issues like repurchasing or retrofitting cars from consumers and making direct payments to consumers through car buy-backs and compensation are analysed. Further, the book relates how Dieselgate has also contributed to the discussion about the introduction of more effective collective measures of redress for consumers, such as class actions, in Germany, France, Italy and the UK.The book subsequently reviews the criminal offences Volkswagen is currently confronted with in Germany, France and Italy, i.e. fraud and manipulation of capital markets (by belatedly providing shareholders with essential information relevant for the share value), and, potentially, environmental crimes. It demonstrates how Dieselgate has sparked new debates in Germany, Italy, France and the UK about the need to introduce enterprise liability for organised crimes, lack of compliance and control structures, and intentional violations of the law.Lastly, the book discusses how EU law has sought to respond to Dieselgate and thus investigates the controversial EU Regulation No. 2016/646 introducing a "temporary conformity factor" of 2.1 (equivalent to a 110% increase on the current limit) to be applied for NOx in the new RDE testing cycle, and the works of the EU committee of inquiry into Emissions Measurements in the Automotive Sector (EMIS).
Author: Martha Derthick
Author: Robert Bork
Author: Allan M. Brandt
Author: National Research Council
Author: 
Author: American Bar Association
Author: Paul B. Hewitt
Author: Gary L. Fisher
Author: 
Author: American Bar Association Editors
Author: Marco Frigessi di Rattalma