State Attorney General Actions, the Tobacco Litigation, and the Doctrine of Parens Patriae

Abstract:     
The national settlement terminated the attorney generals' tobacco litigation before legal theories were fully tested. The theory of parens patriae, which allows the state to sue on behalf of its citizens, was developed in detail by Louisiana's legal team and has implications beyond the tobacco litigation. Understanding this theory is useful to understanding the reach and limits of state power in possible future actions such as those involving guns or other products that states may jointly challenge.

JEL Classification: H1, I0, K4

Accepted Paper Series