Parens Patriae: An Overview

Article by Jack Ratliff

The doctrine of parens patriae allows a state to bring an action on behalf of its citizens in order to protect its quasi-sovereign interests in the health, comfort, and welfare of its citizens. Typically, this authority is used in the context of environmental and antitrust law enforcement. Recently, however, state attorneys general have relied on this authority in the context of mass tort litigation, as demonstrated by the lawsuits against the tobacco industry. After providing an overview of the parens patriae doctrine, including its historical roots and modern case law, Professor Ratliff concludes that attorneys general have broad authority to institute parens patriae suits.


About the Author

Jack Ratliff. Ben Gardner Sewell Professor of Law, University of Texas School of Law; Special Counsel for Complex Litigation, Office of Attorney General of Texas (1999).

Citation

74 Tul. L. Rev. 1847 (2000)