front cover of Old Paint
Old Paint
A Medical History of Childhood Lead-Paint Poisoning in the United States to 1980
English, Peter C.
Rutgers University Press, 2001

In the early twentieth century lead had many domestic uses: in solder for cans, as a gasoline additive to prevent “knocking” in engines, in water pipes, and, most prominently, in interior paint prized for its durability and ability to hold color. Far from being the toxic hazard we recognize today, lead was a valuable commodity. However, by the end of the century, lead had largely disappeared from our environment as physicians discovered the threat it posed to children’s health and mental development.

Old Paint documents the history of lead-paint poisoning in the United States and the evolving responses of public health officials and the lead-paint industry to this hazard up to 1980, by which time lead had been banned from gasoline and paint. Peter C. English traces lead poisoning from a rare, but acute problem confined to a small group of children to the discovery by the end of the 1940s of the dangers of the crumbling lead-painted interiors of inner-city dwellings. He draws on a wide range of primary materials not only to illuminate our understanding of how this health hazard changed over time, but also to explore how diseases are constructed and evolve.

 

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front cover of Suing the Tobacco and Lead Pigment Industries
Suing the Tobacco and Lead Pigment Industries
Government Litigation as Public Health Prescription
Donald G. Gifford
University of Michigan Press, 2010
"The topic, how tort law evolved over time into a system that allowed, for a moment at least, a parens patriae form of massive litigation against corporations, is exceedingly interesting and important. Gifford's treatment of this topic is highly informative, engaging, insightful, very current, and wise."
---David Owen, Carolina Distinguished Professor of Law, and Director of Tort Law Studies, University of South Carolina
In Suing the Tobacco and Lead Pigment Industries, legal scholar Donald G. Gifford recounts the transformation of tort litigation in response to the challenge posed by victims of 21st-century public health crises who seek compensation from the product manufacturers. Class action litigation promised a strategy for documenting collective harm, but an increasingly conservative judicial and political climate limited this strategy. Then, in 1995, Mississippi attorney general Mike Moore initiated a parens patriae action on behalf of the state against cigarette manufacturers. Forty-five other states soon filed public product liability actions, seeking both compensation for the funds spent on public health crises and the regulation of harmful products.
Gifford finds that courts, through their refusal to expand traditional tort claims, have resisted litigation as a solution to product-caused public health problems. Even if the government were to prevail, the remedy in such litigation is unlikely to be effective. Gifford warns, furthermore, that by shifting the powers to regulate products and to remediate public health problems from the legislature to the state attorney general, parens patriae litigation raises concerns about the appropriate allocation of powers among the branches of government.
Donald G. Gifford is the Edward M. Robertson Research Professor of Law at the University of Maryland School of Law.
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