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Book details
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Author : Donald G. Gifford
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Pages : 318 pages
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Publisher : University of Michigan Press 2010-04-05
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Language : English
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ISBN-10 : 0472117149
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ISBN-13 : 9780472117147
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Book Synopsis
"The topic, how tort law evolved over time into a system that allowed, for a moment at least, a parens patriae form of massive litigation against
corporations, is exceedingly interesting and important. Gifford s treatment of this topic is highly informative, engaging, insightful, very current,
and wise."---David Owen, Carolina Distinguished Professor of Law, and Director of Tort Law Studies, University of South Carolina In Suing
the Tobacco and Lead Pigment Industries, legal scholar Donald G. Gifford recounts the transformation of tort litigation in response to the
challenge posed by victims of 21st-century public health crises who seek compensation from the product manufacturers. Class action litigation
promised a strategy for documenting collective harm, but an increasingly conservative judicial and political climate limited this strategy. Then,
in 1995, Mississippi attorney general Mike Moore initiated a parens patriae action on behalf of the state against cigarette manufacturers. Fortyfive other states soon filed public product liability actions, seeking both compensation for the funds spent on public health crises and the
regulation of harmful products. Gifford finds that courts, through their refusal to expand traditional tort claims, have resisted litigation as a
solution to product-caused public health problems. Even if the government were to prevail, the remedy in such litigation is unlikely to be
effective. Gifford warns, furthermore, that by shifting the powers to regulate products and to remediate public health problems from the
legislature to the state attorney general, parens patriae litigation raises concerns about the appropriate allocation of powers among the branches
of government. Donald G. Gifford is the Edward M. Robertson Research Professor of Law at the University of Maryland School of Law.