Legal Resources for Tobacco Control Advocates Kerry Cork, Staff Attorney Tobacco Control Legal Consortium.

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Presentation transcript:

Legal Resources for Tobacco Control Advocates Kerry Cork, Staff Attorney Tobacco Control Legal Consortium

What Does LAW Have to Do With It?

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

Lawyers?

On the other hand...

Common Legal Issues   Preemption   Authority to regulate

Common Legal Issues   Constitutional challenges   Equal Protection   Substantive/Due Process   Takings   Privacy

Other Common Legal Issues   Employment   Housing   Disability

Tobacco Law Centers California Minnesota Michigan Massachusetts New Jersey Maryland Ohio

  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

Affiliated Legal Centers

Who We Serve Public health advocacy organizations and community coalitions Public health advocacy organizations and community coalitions Public health officials Public health officials Elected officials Elected officials City and county attorneys City and county attorneys Private attorneys and individual citizens Private attorneys and individual citizens

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

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

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

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

Legal Consortium: Educational Materials   Legal synopses   Research studies

Legal Consortium: Educational Materials   Electronic newsletters   E-blasts