Abstract

http://ssrn.com/abstract=195749
 


 



Governments, Citizens, and Injurious Industries


Hanoch Dagan


Tel Aviv University - Buchmann Faculty of Law

James J. White


University of Michigan Law School

1999

New York University Law Review, Vol. 75, 2000

Abstract:     
This Article studies the most recent challenge raised by mass torts litigation: the interference of governments with the bilateral relationship between citizens and injurious industries. Using the tobacco settlement as our case study, we explore the important benefits and the grave dangers of recognizing governments' entitlement to reimbursement for costs they have incurred in preventing or ameliorating their citizens' injuries. We further demonstrate that the current law can help capture these benefits and guard against the entailing risks. We show how subrogation law can serve as the legal foundation of the governments' claims. We also explain how takings law can be used as a check against governmental abuse.

Accepted Paper Series


Not Available For Download

Date posted: November 23, 1999  

Suggested Citation

Dagan, Hanoch and White, James J., Governments, Citizens, and Injurious Industries (1999). New York University Law Review, Vol. 75, 2000. Available at SSRN: http://ssrn.com/abstract=195749

Contact Information

Hanoch Dagan (Contact Author)
Tel Aviv University - Buchmann Faculty of Law ( email )
Ramat Aviv
Tel Aviv 69978, IL
Israel
+972 3 640 7302 (Phone)
James J. White
University of Michigan Law School ( email )
625 South State Street
Hutchins Hall
Ann Arbor, MI 48109-1215
United States
734-764-9325 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 533

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.250 seconds