Cigarette Packaging and Smokers’ Rights

I had the delightful opportunity at the beginning of the summer to deliver a conference paper in Portugal.  Lisbon’s cobblestone alleyways and bustling riverfront were exciting, but odd as it might seem, Portuguese cigarette packaging also caught my eye.

All cigarette packs in Portugal have graphic images related to the dangers of smoking cigarettes: rotted teeth, amputated toes, diseased lungs, stitched-up chests, and naked corpses sprawled out on coroners’ metal tables.  The images and the accompanying verbal warnings take up the fronts and backs of the packs, and brand names such as “Marlboro” appear only on the narrow bottoms of the packs.

None of the Portuguese smokers to whom I spoke – and there were plenty – seemed particularly offended by the packaging.  So-called “scare messages,” after all, are genuinely intended to get smokers to stop.  They are consistent with the World Health Organization’ s directives regarding cigarette packaging, and graphic images appear on cigarette packs in most European countries.

What about graphic images in the United States?  It briefly seemed that they would begin appearing after the passage of the Family Smoking Prevention and Tobacco Control Act in 2009.  The Act in fact mandated them, and the Food and Drug Administration (FDA) formally approved nine graphic images that it considered especially likely to make people afraid of smoking.

However, the tobacco industry and assorted neo-liberal pundits immediately rose up in arms.  The former, of course, worried about its profits, and the latter championed the “right to smoke.”  The graphic warnings, the pundits argued, interfered with freedom of choice.  They were the efforts of the nefarious “nanny state.”

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Marquette Law School: 1989 v. 2019

The Year 1989: The Berlin wall came down, the world wide web was invented, Seinfeld first aired, and, not quite as significant for the planet, my dad, Michael Haggenjos, graduated from Marquette Law School. (He also felt the need to remind me that it was the year certain celebrities, such as Taylor Swift and Danielle Radcliffe, were born.)

My dad devoted a large portion of his earlier blog post talking about some of the events in my life leading up to my decision to go to law school, and the subsequent direction my law school career has taken towards litigation. While it’s true that it took me longer to realize what I wanted to be when I grew up, I did eventually have that moment where I knew I wanted to go to law school. It happened around my junior year of college, when I was studying at UW-Madison.

I found myself at a crossroads: Do I go to grad school and get my doctorate in English Literature so that I can teach at the university level? Or, do I follow in my dad’s footsteps and go to law school? In order to find an answer, I decided to take the philosophy of logic at the suggestion of my advisor. It may sound cheesy, but after a single class I was hooked, and I knew from that moment on that I was going to attend law school.

Although my dad and I have now both attended Marquette Law School, our law school experiences are quite different in several very important ways.

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Introducing our August Bloggers

We welcome our alumni and student bloggers for August.

head shot of Rebeca Lopez
Rebeca Lopez

Our alumni contributor is Rebeca López (L’12). Rebeca is an attorney on Godfrey & Kahn, S.C.’s Labor, Employment & Immigration Law Practice Group, where she counsels and assists clients in navigating complex legal issues arising in the employment relationship, including addressing disability and leave accommodation requests, wage and hour complaints, and employment discrimination allegations. Rebeca represents employers in matters before federal and state courts and equal rights agencies, and conducts internal investigations into employee complaints and allegations.

Rebeca also serves on various boards of directors in the legal and non-profit community; she was appointed by Mayor Tom Barrett to the Wisconsin Center District Board of Directors from 2016 to 2018 and was appointed by Governor Tony Evers to the Governor’s Judicial Selection Advisory Committee in 2019. In 2015, Rebeca was named to Milwaukee Business Journal’s “40 under 40,” and in 2016, she was recognized as one of Wisconsin’s 48 most powerful Latinos by Madison 365.

Rebeca López worked as an immigration caseworker and a regional coordinator for seven years before attending Marquette Law School and graduating magna cum laude in 2012. While in law school, Rebeca served as Business Editor of the Marquette Law Review and interned at the United States District Court for the Eastern District of Wisconsin for Judge Lynn S. Adelman. Her student-written law review article was quoted by CNN in April.

head shot of Randal Finger
Randal Finger

Our student contributor is 2L Randal Finger. Randal was born and raised in Germantown, Wisconsin, and lives there now. He attended Ripon College and where he received a Politics & Government degree. While at Ripon College, Randal had a practicing attorney as an adjunct professor, which, he said, solidified his decision to attend law school. Over the summer, he worked downtown at Northwestern Mutual as a summer clerk, working on a variety of projects throughout the company. He noted that he has grown fond of real estate law throughout his short time in law school and his time at Northwestern and is the treasurer of the Real Estate Law Society at Marquette. As of now, Randal said he hopes to practice “somewhere in the real estate realm,” but is open to other areas. “I understand that my limited exposure to law in the real world could mean that there is something out there that I enjoy much more.”

Welcome to Rebeca and to Randal. We look forward to your contributions.

 

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