In this new policy report, so-called government "recoupment" lawsuits are carefully examined and found to be flagrant abuses of the constitutional separation of powers, seriously undermining over two hundred years of common-law torts adjudication.
Author Michael Krauss, a leading legal scholar on the relationship between tort law and personal freedoms, systematically dissects the tobacco and firearm recoupment lawsuits. He shows how such lawsuits betray every criterion of sound, effective, and just tort law. The lawsuits against gun manufacturers can show no damages, no proximate causation, and no wrongdoing. Similarly, governments have no direct damages to claim against tobacco manufacturers and cannot legally stand in the place of individual smokers or their families.
Fire & Smoke concludes that recoupment lawsuits are incompatible with civil freedoms, representative democracy, and the rule of law upon which institutions of a free society depend.
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Creators
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Publisher
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Release date
June 1, 2000 -
Formats
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Kindle Book
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OverDrive Read
- ISBN: 9781598132564
- File size: 371 KB
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EPUB ebook
- ISBN: 9781598132564
- File size: 371 KB
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Accessibility
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Languages
- English
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