Ryan Dreveskracht has published, "Forfeiting Federalism: The Faustian Pact With Big Tobacco," in the Richmond Journal of Law and The Public Interest, which assails the Master Settlement Agreement (MSA) between the states and Big Tobacco as bad for both state business and tribal sovereignty. Only Big Tobacco has won.
In sum, it appears that state attorneys generals’ encroachment upon state legislatures’ policy-making, effectively binding each state into a deal with the major tobacco companies, resulted in a benefit only to “Big Tobacco” companies and not the states. In addition, tribal governments have suffered the brunt of the abuse in that states and the federal government have effectively been forced to attack tribal sovereignty at the behest of these major tobacco companies. In the modern era of states’ rights, from a purely legal perspective “it is simple enough for many states and local governments — as well most federalism commentators — to ignore Indian nations.”
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 firstname.lastname@example.org.