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Laurence H. Tribe, Federalism With Smoke and Mirrors, 242 Nation 788 (1986).


Abstract: In the past few years a wave of lawsuits has crashed against the shores of the beleaguered legal system. Cigarette smokers have gone to court, suing tobacco companies for injuries allegedly caused by years of a deadly habit. If the smokers win, cigarette makers may be held accountable for an estimated $80 billion a year in smoking-related losses; cigarette prices may shoot up to $3 a pack, radically reducing smoking and saving millions from premature death. A major issue in the lawsuits involves the familiar warnings on cigarette packages and in cigarette advertisements.