Ordinary Torts: Litigation Before It Was Substituted for Legislation
27
(23)
The Early Cases
27
(3)
Later Litigation
30
(3)
The Ascendancy of the Lawyers
33
(8)
The Search for a Safer Cigarette
41
(5)
Notes
46
(4)
The Drive for FDA Regulation
50
(21)
Kessler Engages the Issue
52
(5)
Getting the Goods on the Industry
57
(5)
Enlisting President Clinton
62
(3)
The Regulations
65
(2)
Notes
67
(4)
The New Wave of Litigation
71
(22)
The Lawyers
72
(3)
Planning the Strategy
75
(3)
Entry of Other States
78
(2)
Division within the Indsutry
80
(2)
The Settlement
82
(6)
Closing Ceremonies
88
(1)
Notes
89
(4)
The Changed Context of Policymaking
93
(25)
New Issues and the Culture Wars
93
(2)
The Institutionalization of Cause Advocacy
95
(7)
The Growth of Government
102
(4)
The Nationalization and Media-ization of Politics
106
(9)
Notes
115
(3)
The 1997 Settlement Dies in Congress
118
(33)
The Tortuous Path to Defeat
118
(13)
Public Opinion on Tobacco Regulation
131
(4)
The Power of Industry Money
135
(6)
Obstacles on the Hill: Can Congress Act?
141
(5)
Notes
146
(5)
The FDA Regulations Die in Court
151
(12)
The Regulations and the Settlement
151
(3)
The Regulations in Court
154
(6)
The End of the FDA's Program of Tobacco Control
160
(1)
Notes
161
(2)
The Master Settlement Agreement of 1998
163
(19)
How Could the States Agree?
163
(10)
The Agreement
173
(4)
Continuing Opposition of Public Health Activists
177
(1)
Notes
178
(4)
The Aftermath of the MSA
182
(27)
Money Flows to State Governments
182
(1)
Tort Lawyers Earn Record Fees
183
(6)
The Federal Government Sues
189
(6)
Private Litigants Win Some Cases
195
(2)
The Industry Adapts
197
(4)
Smokers Shift to Discount Brands
201
(2)
Notes
203
(6)
Ordinary Politics Versus Adversarial Legalism
209
(31)
Results: The Reduction in Smoking
209
(3)
Why Abandon Legislation?
212
(6)
Is Litigation Superior?
218
(5)
What Happened to Checks and Balances?
223
(4)
Can the MSA Be Revised?
227
(3)
Will the MSA Be Repeated?
230
(3)
What Next for Tobacco?
233
(2)
Notes
235
(5)
Chronology of Cigarette Regulation
240
(7)
Index
247
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