Regulating Tobacco: The Need for a Public Health Judicial Decision-Making Canon

2002 ◽  
Vol 30 (2) ◽  
pp. 281-289 ◽  
Author(s):  
Richard A. Daynard
Keyword(s):  
Public Health ◽  
Tort Law ◽  
The United States ◽  
Judicial Decision ◽  
Tobacco Products ◽  
Products Liability ◽  
Judicial Decision Making ◽  
Convenience Stores ◽  
New Development ◽  
Young Smokers

Cigarette smoke is by far the leading preventable cause of death and disease in the United States. It has been estimated to kill between 419,000 and 589,000 smokers and up to 65,000 non-smokers each year. This premier status is hardly a new development, having been true for most of the last century, and known to be true at least since the first Surgeon General’s Report in 1964.Why then are tobacco products exempt from any significant federal oversight or control? Why do cigarette advertisements, pitched to young smokers and non-smokers, continue to be plastered on every available surface inside and outside many convenience stores and to adorn the pages of popular magazines? Why, decades since the makers of far less dangerous products began to be held accountable in tort law, was the first payment by a cigarette company on a products liability judgment not made until 2001?

Courts and Federalism: Judicial Doctrine in the United States, Australia, and Canada

2007 ◽  
Vol 40 (1) ◽  
pp. 247-249
Author(s):  
Anna Esselment
Keyword(s):  
United States ◽  
Legal Reasoning ◽  
The United States ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Division Of Powers ◽  
Independent Variable ◽  
Judicial Doctrine ◽  
The One ◽  
Central Claim

Courts and Federalism: Judicial Doctrine in the United States, Australia, and Canada, Gerald Baier, Vancouver and Toronto: UBC Press, 2006, pp. 207.Is everything old new again? Gerald Baier's insightful book brings back into the mainstream a long neglected examination of federalism from the perspective of judicial review. His analysis of the courts' impact on the development of federalism involves a detailed study of division of powers jurisprudence in the United States, Australia, and Canada. In each of these countries, Baier argues, the decisions of the highest courts continue to affect the shape of federalism, but his central claim turns on how these decisions are made. For Baier, judicial doctrine plays a significant role in influencing the reasoning of the courts and must be considered an independent variable worthy of study in its own right. Many scholars have debated the significance of doctrine on judicial decision making. However, Baier takes issue with scholars who, on the one hand, have characterized doctrine as a tool of objectivity and certainty, and those, on the other hand, who view doctrine as entirely political in nature (27). For Baier, doctrine is neither of these but it is “distinctly legal in character” and it is this legal reasoning that shapes outcomes (27).

Pediatric Collections: Vaping: Effects and Solutions

2020 ◽  
Author(s):  
Keyword(s):  
Public Health ◽  
United States ◽  
Health Care ◽  
Health Care Providers ◽  
Electronic Cigarettes ◽  
The United States ◽  
Care Providers ◽  
Tobacco Products ◽  
Pediatric Health ◽  
Pediatric Health Care

Electronic cigarettes are the tobacco products most commonly used by youths in the United States. The use of e-cigarettes, also known as vaping or JUULing, is a public health epidemic. This collection offers reviews and research to assist pediatric health care providers in identifying and treating adolescent use and exposure to e-cigarettes. https://shop.aap.org/pediatric-collections-vaping-effects-and-solutions-paperback/

4 Germany: Balancing Rights and Duties

2007 ◽  
Author(s):  
Kommers Donald P
Keyword(s):  
The United States ◽  
West Germany ◽  
Constitutional Court ◽  
Judicial Decision ◽  
Constituent Power ◽  
Judicial Decision Making ◽  
East And West Germany ◽  
Basic Law ◽  
Positive Rights ◽  
Federal Constitutional

Germany's constitutional charter, adopted in 1949, is entitled the Basic Law. The Basic Law had evolved into one of the world's most admired constitutions, even rivalling that of the United States in influence and prestige around the world. So when the day of unity finally arrived in 1990, East and West Germany merged under the imprint of the Basic Law itself. Today, in both structure and substance, although frequently amended, it remains the constitutional text of reunited Germany. This chapter discusses the constitutive assembly of Germany, constituent power and reunification, general features of the Basic Law, supremacy of the constitution, constitutional structure, amending process, the Federal Constitutional Court, problems of constitutional interpretation, conception of the constitution, negative and positive rights, horizontality of rights, sources of interpretation, approaches to interpretation, the civil law tradition, and style of judicial decision-making.

Do Women Judges Make a Difference? An Analysis by Appeal Court Data

1993 ◽  
Vol 8 (1) ◽  
pp. 135-148 ◽  
Author(s):  
Peter McCormick ◽  
Twyla Job
Keyword(s):  
Decision Making ◽  
The United States ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Men And Women ◽  
Women Judges ◽  
Appeal Court ◽  
Participation Of Women ◽  
General Statistical ◽  
Court Of Appeal

AbstractGiven the recent penetration of the judicial profession by women, and concomitant speculation about the possible impact of women judges upon judicial decision-making, the authors examine criminal appeals to the Alberta Court of Appeal between 1985 and 1992 to address in general statistical terms the parameters of the participation of women judges. The results suggest that there is little statistically identifiable difference in the performance of men and women judges, even on specific issues such as sexual assault offenses, and what modest differences can be found are in the opposite direction from those suggested by comparable research in the United States

scholarly journals Youth Access to Tobacco Products in the United States, 2016-2018

2019 ◽  
Vol 5 (6) ◽  
pp. 491-501 ◽  
Author(s):  
Sherry T. Liu ◽  
Kimberly Snyder ◽  
Michael A. Tynan ◽  
Teresa W. Wang
Keyword(s):  
Public Health ◽  
High School Students ◽  
The United States ◽  
Tobacco Product ◽  
Health Concern ◽  
Public Health Concern ◽  
School Students ◽  
Tobacco Products ◽  
School Based ◽  
Compliance Check

Objectives: In 2018, approximately 4.9 million US middle and high school students reported past 30-day use of any tobacco product. This study describes how and where youth obtained tobacco products and whether refusal of sale occurred during 2016-2018. Methods: Data from 3 annual waves (2016-2018) of the National Youth Tobacco Survey, a school-based survey of US youth in grades 6-12, were analyzed among current (past 30-day) tobacco product users aged 9 to 17 years. Results: During 2016-2018, youth tobacco product users most commonly obtained tobacco products from social sources. Although the percentage of users who reported buying tobacco products significantly decreased from 2016 to 2018 (2016: 15.6%; 2018: 11.4%), no significant differences in the prevalence of being refused sale were observed (2016: 24.7%; 2018: 25.5%). Conclusions: Whereas the number of youth users who report buying tobacco products has declined, sales of tobacco products to youth remain a public health concern, as only one in 4 youth who attempted to buy were refused sale in 2018. Monitoring youth tobacco product purchases, retailer compliance check inspections, and retailer penalties for sales to minors remain important for reducing youth access at retail sources.

Use and Misuse of Epidemiologic Data in the Courtroom: Denning the Limits of Inferential and Particularistic Evidence in Mass Tort Litigation

1986 ◽  
Vol 12 (3-4) ◽  
pp. 423-439
Author(s):  
Harold M. Ginzburg
Keyword(s):  
Distribution Systems ◽  
Judicial Decision ◽  
Judicial Process ◽  
Products Liability ◽  
Judicial Decision Making ◽  
Epidemiologic Evidence ◽  
Statistical Inferences ◽  
Specific Source ◽  
Tort Litigation ◽  
The Impact

AbstractMedical epidemiology is the cornerstone for understanding the safety and efficacy of drugs and medical devices. Epidemiologic principles provide a statistical basis for determining correlations, and ultimately mathematical causation, between two series of events. Medical epidemiologic evidence and statistical inferences are useful and are now routinely accepted in the courtroom.The complex distribution systems that provide fungible goods throughout the country often preclude the identification of the specific source of an allegedly defective product. An expansion of the principles established in Summers v. Tice and Ybarra v. Spangard provide a logical and rational means for the courts to address products liability issues in cases involving multiple and unnamed defendants.This Article discusses the impact of epidemiology on the judicial process, both in the nature of judicial decision-making and in the nature of the law itself. Part III B discusses the “weak” and “strong” versions of the traditional preponderance of the evidence rule, as recast by recent products liability litigation. The remainder of the Article defines the useful and appropriate scope of epidemiologic evidence, concluding that “intentless” epidemiologic evidence alone cannot support an award of punitive damages.

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