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Full-Text Articles in Law
Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan D. Dreveskracht
Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan D. Dreveskracht
Richmond Journal of Law and the Public Interest
This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement , or "MSA." Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement.' Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states' dire financial …
Deconstructing Duty Free: Investor-State Arbitration As Private Anti-Bribery Enforcement, Andrew B. Spalding
Deconstructing Duty Free: Investor-State Arbitration As Private Anti-Bribery Enforcement, Andrew B. Spalding
Law Faculty Publications
Duty Free rests upon a kind of three-legged stool of legal argumentation. Those legs are: 1) the common law of contract; 2) principles of state liability for official misconduct; and 3) global anti-corruption policy. As this article will show, each leg of that stool is fundamentally flawed; the legal arguments are unpersuasive and occasionally incorrect. This article seeks to deconstruct that stool, exposing the fatal structural flaws in each leg. It thus clears the way for building an arbitral jurisprudence of corruption that actually does what Duty Free attempted: advance global anti-corruption policy in a way that will inure to …
Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan D. Dreveskracht
Forfeiting Federalism: The Faustian Pact With Big Tobacco, Ryan D. Dreveskracht
Richmond Public Interest Law Review
This article discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement , or "MSA." Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement.' Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states' dire financial …