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About a week earlier, tobacco executives admitted that tobacco causes lung cancer and other diseases

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The state has achieved success by aggressively responding to early evidence linking smoking to lung cancer with policies aimed at discouraging smoking, according to a press release

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The basic rule is that state action exists if the dispute is tort-related or if the rights arise from a state statute, but does not exist if the dispute arises from a contractual relationship or involves common-law property rights, unless a non-judicial state actor is involved or if racial discrimination is implicated. [If you want a way to make Shelley seem less weird, Carol Rose has a great explanation of why enforcing some contracts implicates the state in unconstitutional positions, e.g., that racial discrimination is acceptable

Now, heres where things get complicated