Customer Reviews

Up In Smoke: From Legislation To Litigation In Tobacco Politics, 2nd Edition

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Derthick's story of the tobacco wars is the real deal of American politics, not the civics you learned in high school. Unlike some writers, Derthick doesn't moralize about tobacco. Some looking for fevered preaching may be put off by her detachment and even skepticism about the anti-tobacco movement. Careful readers, however, will find all the creepy details about tobacco companies they have come to expect. Derthick is objective, and the tobacco executives are, objectively, creepy. The best part about this book, though, is that Derthick has a deep understanding about American politics, and the reader will take away sharp images of how policy is made--from trial lawyers to crusading agencies, from university faculty and health professionals to the muddle in Congress. It's all here, in one timely and highly readable book.

"In "Up in Smoke," Martha A. Derthick, former professor of government at the University of Virginia and author or coauthor of several studies of the U.S. policy process, describes and analyzes the events leading to the historic 1998 tobacco settlement with the states. She concludes that these developments continue an unfortunate movement away from representative democratic negotiation toward a process of "adversarial legalism" that relegates democratic politics to the sidelines of public policy."

"For those readers sincerely interested in reducing smoking and its attendant health risks, "Up in Smoke" presents a decidedly mixed bag. Although smoking continues to decline among Americans, the states now have a large vested interest in seeing that the sale of cigarettes continues unabated. If such continuation occurs, they can count on substantial payments from the industry for at least the next two decades. Also, many states are now increasing dramatically their excise taxes on cigarettes. The revenue stream from this unhealthy habit has become important to state finances. Obviously, the states will be reluctant to ban smoking entirely."

"Thus, those aspiring to a smoke-free society are now considerably more limited in their alternatives for achieving their goal. Local governments may continue to enact highly restrictive legislation, and there is the slim possibility that national government litigation may result in heavier penalties on smoking. Lawsuits by private plaintiffs also remain a viable, though limited, option. The most serious problem posed by the MSA (master settlement agreement of 1997) for antismoking activists, however, is that it has created a powerful political constituency that reaps substantial rewards from the tobacco industry. There is little reason to believe that state legislatures will stand idly by and allow either their courts or their local governments to threaten their revenue."
-From "The Independent Review," Winter 2003

This book was one of two books that were required readings in my Public Policy course at Rutgers University. It is a great book to read to understand how public policy has changed through time from Legislation to Litigation. Check it out if you are interested in learning about Public Policy.

I am a college student and was forced to read this book for one of my Political Science classes. I must give Ms. Derthick credit. She wrote a piece that was very informative and gave you an inside look at what politics is really about. It takes you from the careful court systems, to protective government agencies, to individuals begging for compensation. It was a thick read, very slow for most of my classmates to get through. I believe she was flawed in her view of litigation over legislation. She made it clear that we should pursue legislation over litigation, though when it came to legislation, it seemed like she had a "How dare they do that" attitude. All I have to say is that if you are a student that is required to read this book, hold on because you are in for a ride. I also hope you have a lot of free time because it will take you a little while to read and digest all the information this book has to offer.

I originally ordered it to write a review for a law school seminar entitled "law and social global perspective." After reading the entire book I felt that my grade would suffer if I relied on this book. Instead, I used Adeversarial Legalism by Robert Kegan. Still, I used this book for some support in my paper about Kegan's book. It is okay.