Governments, Citizens, and Injurious Industries
Tel Aviv University - Buchmann Faculty of Law
James J. White
University of Michigan Law School
New York University Law Review, Vol. 75, 2000
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.
Date posted: November 23, 1999
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