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Impersonating The Legislature: State Attorneys General And Parens Patriae Product Litigation, Donald G. Gifford
Impersonating The Legislature: State Attorneys General And Parens Patriae Product Litigation, Donald G. Gifford
Faculty Scholarship
The state attorney general has emerged during the past decade as a “super plaintiff” in state parens patriae litigation against manufacturers of cigarettes, automobiles, lead paint, and pharmaceuticals. Attorneys general sue on behalf of their states as the collective plaintiff, seeking reimbursement for the costs of treating or preventing product-caused diseases suffered by individual residents, even though such individual victims would not themselves be able to recover as plaintiffs. More importantly, they seek to supplant the regulatory regimes previously enacted by Congress, the state legislature, or federal agencies with one that reflects their own visions. This Article traces how state …
Unleashing Or Harnessing 'Armies Of Compassion'?: Reflections On The Faith-Based Initiative, Linda C. Mcclain
Unleashing Or Harnessing 'Armies Of Compassion'?: Reflections On The Faith-Based Initiative, Linda C. Mcclain
Faculty Scholarship
A central tenet of President George W. Bush's faith-based initiative, launched in 2001, is that the federal government, by entering into more partnerships with religious and community organizations, should put the power of faith to work to solve pressing social problems. Proponents of the initiative have invoked the eighteenth-century French writer Alexis de Tocqueville's famous observations about the American propensity to join various voluntary associations as well as the Catholic principle of subsidiarity. Seven years into the faith-based initiative, challenging questions remain about what, exactly, it means to put faith to work. Such questions deserve attention, given the institutionalization of …
Preemption And Federal Common Law, Ernest A. Young
Preemption And Federal Common Law, Ernest A. Young
Faculty Scholarship
No abstract provided.