Table of Contents
CONTENTS
Preface
Chapter 1. Introduction to Policymaking in the Bureaucracy
The Surprising Reach of Administrative Policymaking
Smoking and Health: How an Issue Mutates over Time
Diluted Response to the Impact of Smoking: Why?
Bureaucracy Centered Policymaking
Notes
Chapter 2. The Grip of Tobacco Interests on Policymaking
The Prohibition Era: A Short-Lived, State-Level Phenomenon
Science Uncovers a Larger Health Hazard
Congress Rebuffs Health Proponents
Birth of a Powerful, Seemingly Invincible Lobby
The Tobacco Policy Subsystem
The Transformation of Tobacco Politics: The Collapse of a Policy Monopoly
Beyond the Subsystem: Tobacco Interests and Their Allies
The Schizophrenia of Business toward Government Regulation
Notes
Chapter 3. Smoking and Health Move to the Public Agenda: The Surgeon General Reports and the FTC Acts
Regulation on the Basis of False Advertising
Where Do Issues Come From? Where Do They Go? Why?
A Challenge to the Old Subsystem
A Bureaucracy Divided: The Government Does Not Speak with One Voice
An Advisory Committee Sets a New Policy Direction in Motion
Support for a Health Warning: Serendipity and Allies
Advisory Committees as Legitimizing Agents: The Importance of Neutral Expertise
Impact of the Advisory Committee's Report: Staging and Content
Bureaucrats and Members of Congress: A System of Mutual Dependencies
Notes
Chapter4. The Legal Basis of Bureaucracy Centered Policymaking
Congressional Delegation of Authority
Regulatory Authority Delegated to the FTC
The Supreme Court on Delegation
Change in Emphasis at the FTC
Notes
Chapter 5. Effective Enforcement and Strategies to Combat It: Procedures Used in Administrative Policymaking
Adjudication and Rule Making at the Federal Trade Commission
The FTC's Experience with Cigarette Regulation
The FTC Adopts Rule-Making Procedures
The Rule-Making Hearings
Cigarette Hearings at the FTC
Witnesses
Industry Strategy: Challenge the Authority, Not the Merits
The Commissioners Respond
The FTC's Defense of Its Action
Promulgation of Rules
Expanding Delegation and Diminishing Accountability
Tobacco Interests Object to the Rule
Notes
Chapter 6. Congressional Power and Agency Policymaking
Congressional Oversight
The Federal Trade Commission's Oversight Struggle
No Victory for Health
Strategy for Success
The Health Lobby
The Congressional Hearings
The Cigarette Industry Testifies
The FTC Rescinds Its Rule
Notes
Chapter 7. The Bureaucracy, Congress, and the President: Balancing Acts
The FCC Enters the Fray
The FCC Intensifies the Battle
Fitful Progress: The Efforts of a Persistent FTC
Keeping the Pressure On: The Politics of Information
The Surgeon General: Information, Not Regulation
The Industry Fights Back: Politics Turns Information on Its Head
The Role of the President
Big Tobacco under Siege: Multiple Venues
Notes
Chapter 8. The Courts Move into the Spotlight
A New Era in Tobacco Litigation
New Private Litigation: The Castano Case
The Whistle-Blowers
The First Settlement: Liggett & Myers Breaks Ranks
Pressure Mounts for Global Settlement
Developments in Wake of the MSA
Notes
Chapter 9. Policy Entrepreneurship in the Bureaucracy and Beyond
Getting the President on Board
Kessler Presses On
Combined Impact of 1998 Master Settlement Agreement and Kessler
The Interaction of Markets and Politics
Bureaucrats' Network: The Health Community Goes International
Notes
Chapter 10. Bureaucracy Centered Policymaking in a Democracy
Bureaucrats Have Too Much Power
External Checks on Bureaucratic Autonomy
Administrative Procedure Act: Legislative and Judicial Authority of Agencies
Administrative Law Judges
Written Records
Advisory Committees
Accessibility
The Policymaking Role of Bureaucracies Reconsidered
Notes
Index
