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Up in Smoke
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Up in Smoke
From Legislation to Litigation in Tobacco Politics

3rd Edition


July 2011 | 280 pages | CQ Press

In recent years, tobacco politics has been a multi-layered issue fraught with significant legal, commercial, and public policy implications. From the outset, Martha A. Derthick's Up in Smoke took a nuanced look at tobacco politics in a new era of "adversarial legalism" and the consequences, both intended and unintended, of the MSA (Master Settlement Agreement).

Now, with a brand new 3rd edition, the book returns to "ordinary politics" and the passage of the Family Smoking Prevention and Tobacco Control Act which gave the FDA broad authority to regulate both the manufacture and marketing of tobacco products. Derthick shows our political institutions working as they should, even if slowly, with partisanship and interest group activity playing their part in putting restraints on cigarette smoking.

 
A New Way of Regulating Tobacco
 
The Ordinary Politics of Legislation
 
Ordinary Torts: Litigation Before It Was Substituted for Legislation
 
The Drive for FDA Regulation
 
The New Wave of Litigation
 
The Changed Context of Policymaking
 
The 1997 Settlement Dies in Congress
 
The FDA Regulations Die in Court
 
The Master Settlement Agreement of 1998
 
The Aftermath of the MSA
 
After Litigation, A Return to Legislation
 
Ordinary Politics versus Adversarial Legalism
 
Chronology of Cigarette Regulation

"The book is the gold standard for this type of text—it’s clear, it makes a strong argument about reliance on courts to make policy, and it says something about the state of American democracy."

John Barnes
University of Southern California
Review

"I have found this to be an excellent book for my course, accessible to an undergraduate audience and well-written."

Daniel Gitterman
University of North Carolina at Chapel Hill
Review

"I think Up in Smoke does an excellent job of showing the multiple avenues of policy development in the American context. It can be used to show the power of interest groups, the nature of litigation, and the variations in normal politics over time. The structure of the book fits naturally with how one might discuss this in class."

John Bruce
University of Mississippi
Review

"The book is exceptionally lucid and captures the confiscatory logic of the Master Settlement AGreement brilliantly and shows that it is indeed a pathology of federalism. The book is brilliant at telling a story and unveiling important lessons about adversarial legalism and its downside."

Rick Valelly
Swarthmore College
Review
Key features
New to this Edition
  • Brand new chapter 11 on what's happened since the 2nd edition—"After Litigation, A Return to Legislation"
  • Streamlined/revised chapters, especially 7, 10, and the last chapter, now 12.
  • Refined look at the author's argument about adversarial legalism—more revealing given recent events

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