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Legal Resources for Tobacco Control Advocates

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  • 1. Legal Resources for Tobacco Control Advocates Kerry Cork, Staff Attorney Tobacco Control Legal Consortium
  • 2. What Does LAW Have to Do With It?
  • 3. Power of Law in Tobacco Control
    • 2004 article in British Medical Journal *
    • Out of 10 major strategies for reducing smoking in population, 8 involve legal action
    • Legislation, regulation or litigation
    • * Jamrozik, K. (2004) ABC of Smoking Cessation. 328 BMJ 759-62
  • 4. Lawyers?
  • 5. On the other hand . . .
  • 6. Common Legal Issues
    • Preemption
    • Authority to regulate
  • 7. Common Legal Issues
    • Constitutional challenges
      • Equal Protection
      • Substantive/Due Process
      • Takings
      • Privacy
  • 8. Other Common Legal Issues
    • Employment
    • Housing
    • Disability
  • 9. Tobacco Law Centers California Minnesota Michigan Massachusetts New Jersey Maryland Ohio
  • 10.
    • National network of seven legal centers
    • Helps advocates and officials strengthen tobacco control policies at local, state and national levels
    • Coordinated and staffed by Minnesota legal center
  • 11. Affiliated Legal Centers
  • 12. Affiliated Legal Centers
  • 13. Who We Serve
    • Public health advocacy organizations and community coalitions
    • Public health officials
    • Elected officials
    • City and county attorneys
    • Private attorneys and individual citizens
  • 14. Legal Consortium: Technical Legal Assistance
    • Field questions from around the country
    • Conduct behind-the-scenes legal research and writing
    • Interpret legal documents
    • Prepare “friend of the court” briefs
  • 15. Legal Technical Assistance
    • Help in drafting legislation
    • Provide policy / strategy consultations
    • Locate legal resources, precedents and experts
    • Train advocates and others on issues of recurring legal concern
  • 16. Online Resources
    • Wealth of useful information on websites
      • Updates & overviews of key tobacco cases
      • Current news & legislative briefings
      • Pertinent academic literature
      • Compilations of tobacco-related laws
  • 17. Tracking TOBACCO Laws: A Minnesota Digest
    • Clear explanation of Minnesota’s tobacco laws
    • Explains relationship to federal laws, legal settlements
    • Online version connects to the laws themselves
  • 18. Legal Consortium: Educational Materials
    • Legal synopses
    • Research studies
  • 19. Legal Consortium: Educational Materials
    • Electronic newsletters
    • E-blasts
  • 20.  
  • 21.