Restitution Discussion Group Archives
| Sender: |
Doug Rendleman |
| Date: |
Sat, 18 Nov 2000 16:04:08 -0500 |
| Re: |
Esprit of Restitution, Continued |
Those of
you who are interested in the specific subject of restitution in the States'
Medicaid tobacco settlements, as it appears many of you are, in addition
to the general topic of the "broad" vs. the "narrow" approach to restitution,
will profit from Hanoch Dagan and Jim White's article, Governments, Citizens,
and Injurious Industries, 75 N.Y.U. L. Rev. 354 (2000), in addition to my
previously mentioned piece in the Georgia Law Review.
Restitution is more readily granted under Dagan and White's
assumption - that the tobacco companies are liable to the smokers in tort
for damages -than under mine - that up until press time, at least, the
tobacco companies were winning in tort, indeed that tort law's inadequacy
was the reason the states sought restitution. Although Dagan and White's
article doesn't have the word "restitution" in its title, it is a thorough,
erudite, and thoughtful canvas of restitution, particularly subrogation.
Both articles are available in the Westlaw database.
Thanks
Doug Rendleman
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