Maryland, Pennsylvania, and Delaware. The 10
lowest spending states were Utah, Mississippi,
Idaho, Tennessee, Alabama, Arkansas, New Mexi-
co, Louisiana, North Dakota, and South Dakota.
36. U.S. Department of Education, Tables 61, 169,
pp. 72, 172.
37. Ibid.
38. John Chubb and Terry Moe, "Letting Schools
Work" NY: The City Journal, Autumn 1990, cited in
David Boaz, ed., Liberating Schools: Education in the
Inner City (Washington:Cato Institute, 1991), p. 6.
39. For a comprehensive examination of the effec-
tiveness of state tax and expenditure limitations,
see Dean Stansel, "Taming Leviathan: Are Tax and
Spending Limits the Answer?" Cato Institute
Policy Analysis no. 213, July 25, 1994.
40. "State Tax Cuts," Wall Street Journal, October 29,
1987, p. A1.
41 . Vedder.
42. See Stansel.
43. Constitutional scholar Robert Levy has argued
that those tobacco settlements are inconsistent
with justice and the rule of law. "Most damning,"
says Levy, "the settlement rewards attorneys gener-
al and their co-conspirators in the plaintiffs' bar,
who have retroactively subverted the law to punish
the sale of a legal product by a deep-pocketed and
unpopular industry--without notice, opportunity
for fair trial, or evidence. By eliminating the
requirement to prove that smoking caused a par-
ticular injury, and by rejecting all claims that smok-
ers are personally responsible, the states have effect-
ed a shakedown--no better than extort-
ion--grounded on this repugnant rule: the states
need money; the industry has money; ergo, the
industry pays and the states collect." Robert Levy,
"Tobacco Extortion: Round 3," San Diego Tribune,
November 29, 1998. Another problem with the
tobacco settlements is that they are inconsistent
with justice and the rule of law. See Robert A. Levy,
"Tobacco Medicaid Litigation: Snuffing Out the
Rule of Law," Cato Institute Policy Analysis no.
275, June 20, 1997.
44. Gene Rose, "Nine for 99," State Legislatures 25,
no. 1 (January 1999): 1819.
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