Ryan Dreveskracht has published a law review manuscript titled, "Forfeiting Federalism: The Faustian Pact With Big Tobacco." The paper has been accepted for publication by the Richmond Journal of Law and Public Interest.
Ryan discusses the effects of the largest legal settlement in United States history: the so-called Master Settlement Agreement, or “MSA.” Part I discusses the settlement generally, and its intended effect on the U.S. tobacco market. Parts II through IV discuss the unintended consequences of the settlement. Specifically, Part II considers how states got into their current disarray, and how a perceived state windfall of billions of dollars ended up putting states on what by all accounts now appears to be very real risk of insolvency. Part III examines how the major tobacco companies are using the states’ dire financial condition to stifle tribal sovereignty and Indian industry. Part IV analyzes the federal government’s role in similar oppressive tactics. The concluding section suggests lessons that might be learned from the MSA.
Ryan Dreveskracht is an Associate at Galanda Broadman, PLLC. His practice focuses on representing tribal governments in public affairs, energy, gaming, taxation, and general economic development. He can be reached at 206.909.3842 or ryan@galandabroadman.com.
