Governments, Citizens, and Injurious Industries

New York University Law Review, Vol. 75, 2000

Posted: 23 Nov 1999

See all articles by Hanoch Dagan

Hanoch Dagan

Berkeley Law School

James J. White

University of Michigan Law School

Date Written: 1999

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.

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: https://ssrn.com/abstract=195749

Hanoch Dagan (Contact Author)

Berkeley Law School ( email )

890 simon hall
215 Bancroft way
berkeley, CA 94720
United States

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)

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