Abstract

http://ssrn.com/abstract=218049
 


 



Fire and Smoke: Government Lawsuits and the Rule of Law


Michael I. Krauss


George Mason University School of Law


Independent Institute Policy Reports, April 2000

Abstract:     
This is an exhaustive review of the firearm and tobacco tort recoupment suits (i.e., suits by governmental entities for sums allegedly paid due to firearms and tobacco products). The perspective is one of tort law, not of constitutional law. The argument of the paper is that, as concerns each and every one of the criteria for tort liability accepted for over 200 years, the recoupment suits must fail. Their success would signify a qualitative shift of Tort law, away from private ordering and toward public, collective ordering.

JEL Classification: K13

Accepted Paper Series


Not Available For Download

Date posted: July 30, 2000  

Suggested Citation

Krauss, Michael I., Fire and Smoke: Government Lawsuits and the Rule of Law. Independent Institute Policy Reports, April 2000. Available at SSRN: http://ssrn.com/abstract=218049

Contact Information

Michael I. Krauss (Contact Author)
George Mason University School of Law ( email )
3301 Fairfax Drive
Arlington, VA 22201
United States
703-993-8024 (Phone)
703-993-8124 (Fax)
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