Robert L. Rabin

Federal Regulation in Historical Perspective

Copyright 1986 by Robert L. Rabin INTRODUCTION 1189 REGULATORY POLITICS IN THE POPULIST ERA 1197 II. THE COURT IN THE POPULIST ERA 1208 III. REGULATORY POLITICS IN THE PROGRESSIVE ERA 1216 IV. THE COURT IN THE PROGRESSIVE ERA 1229 V. WORLD WAR I AND THE 1920s: THE ASSOCIATIONAL IDEA 1236 VI. THE DEPRESSION AND THE NEW DEAL 1243 VII. THE NEW DEAL AND THE COURT 1253 VIII. THE POST-NEW DEAL ERA 1262 IX. REGULATORY POLITICS AND THE GREAT SOCIETY 1272 X. THE PUBLIC INTEREST ERA 1278 XI. THE PUBLIC INTEREST ERA IN THE COURTS 1295 XII. A POSTSCRIPT ON DEREGULATION—UNRESOLVED TENSIONS IN THE ADMINISTRATIVE STATE 1315

Reexamining the Pathways to Reduction in Tobacco-Related Disease

Abstract Six years ago, when I last wrote on tobacco policy, my perspective was to offer an assessment of the strengths and weaknesses of a halfcentury of tobacco control strategies aimed at reducing the health risks associated with cigarette smoking. I began with a discussion of informational strategies; then turned to public place restrictions; and followed with a treatment of excise tax initiatives. In my view, restrictions on advertising and promotion and resort to tort litigation had been less effective as control efforts, but nonetheless also warranted consideration. In the ensuing years, there have been a number of significant developments that have altered the course of tobacco control policy. Prominent among these developments has been the authority granted to the Food and Drug Administration in the Family Smoking Prevention and Tobacco Control Act of 2009; the resort by the industry to litigation in a new guise - particularly reliant on the First Amendment - as an offensive weapon targeting regulatory controls; and the publication of the 2012 Surgeon General’s Report on youth smoking, which makes the case for top-priority attention to underage smoking behavior. These and related measures point to new pathways for breaking through a perceived recent loss of momentum in achieving further reductions in tobacco-related disease, without abandoning what has worked in the recent past. I attempt to pull together these multiple fronts in a Section focused primarily on youth smoking, assessing the promise of present efforts to reduce the harms associated with tobacco. Finally, I offer some brief thoughts from a broader public-health perspective, discussing the framework of tobacco control initiatives from the vantage point of the obesity problem

Jeffrey O’Connell and the Compensation Principle in Accident Law: Institutional and Intellectual Perspectives

Abstract In this essay, I will attempt to locate the principles that animated the career of Jeffrey O’Connell in a larger context of examining the role of compensation in accident law. In Section 1, I provide a short historical excursion to set the stage. Next, in Section 2, I will discuss how O’Connell followed his initial venture involving auto no-fault with a more expansive scheme of elective no-fault coverage for products and medical mishaps, which in turn was followed by his early offer proposal. In Section 3, I will briefly trace the legacy of O’Connell in the present era of mass tort and disaster relief claims. A final section will offer a concluding note.