Curriculum Vitae

Education

Yale Law School, New Haven, Connecticut
Juris Doctor, 1977
Bar Admissions: State of Minnesota; State of Wisconsin (inactive); U.S. Supreme Court

Michigan State University, East Lansing, Michigan
Bachelor of Arts with High Honors, Humanities, 1974; Phi Beta Kappa

Employment

Director, Tobacco Law Center, William Mitchell College of Law, St. Paul, Minnesota,  2000 – present.  Adjunct Professor of Law, 2007.

Founded and lead an innovative legal center helping health leaders use law to improve public health.  

• Built a nationally-respected program that has helped write and defend many of the nation’s smoke-free laws and other tobacco control policies, earning the recognition of leading health and tobacco control organizations and a ninety-nine percent approval rating from users.
• Received the American Lung Association’s C. Everett Koop Unsung Hero Award for 2004.
• Edited and was primary author of World Health Organization’s manual on tobacco control legislation.
• Played key role in developing global guidelines for smoke-free legislation approved by 147 nations in 2007, as Co-Rapporteur of the guideline-development working group of nations and as author of materials used by global networks of non-governmental organizations to win adoption of the guidelines.
• Delivered effective legal technical assistance in response to more than 500 requests spanning the spectrum of tobacco-related legal issues. 
• Wrote World Health Organization report on litigation as a global tobacco control strategy.
• Represented the American Lung Association and American Cancer Society in monitoring negotiation and implementation of the world’s first public health treaty, the Framework Convention on Tobacco Control.
• Co-authored a scientific article named as the fifth-most important article published on the subject of secondhand smoke.
• Teach Public Health Law.
• Designed and built a successful grant-funded non-profit organization, expanding from initial one-person staff to current staff of thirteen professionals and six student research assistants.  Diversified program focus and funding, led fundraising, developed research and consulting capacity, and undertook legal and policy research on behalf of national and international public health organizations.

Executive Director, Tobacco Control Legal Consortium, St. Paul, Minnesota.  2003 – present.

Founding director of the national network providing legal support to the tobacco control movement.

• Developed program recognized by the Centers for Disease Control and Prevention as playing a critical role in tobacco control efforts nationwide and identified in a study commissioned by the Public Health Law Association as a model for the effective delivery of legal expertise to support public health.
• Delivered innovative legal technical assistance in response to seven hundred requests from throughout the United States, focusing on smoke-free policies, but spanning the full spectrum of tobacco-related legal issues.  Assistance helped design, implement and defend many of the laws that have made the majority of the United States smoke-free.
• Initiated and oversaw development of friend-of-the-court legal briefs in key cases before appellate courts on behalf of leading national and state health and advocacy organizations.
• Developed and expanded organization and its programs, recruited and supervised staff and secured ongoing funding.
• Received 2003 National/Regional Collaboration Award from Centers for Disease Control and Directors of Health Promotion and Education for collaborative and innovate design of Consortium’s programs.

Public Affairs Counsel, Tunheim Santrizos Company, Minneapolis, MN. 1999 – 2000.
Advised non-profit and business clients on effective management of public issues through strategic communications, coalition-building, community relations and proactive policy development.  Provided short-term communication support to Minnesota’s tobacco control foundation, the Minnesota Partnership for Action Against Tobacco, including development of mission and vision statements, informational materials and internal policies.

Consultant to Blue Ribbon Inquiry into Tobacco Industry Activities, World Health Organization, March – June, 2000.
Research consultant to a special commission of inquiry appointed by the World Health Organization to review tobacco industry documents for evidence of tobacco industry interference with WHO activities.  Responsibilities included lead role in development of policy recommendations and co-editing the commission’s report.

Assistant Attorney General, Director of Consumer Policy and Tobacco Team Member,
Minnesota Attorney General’s Office, St. Paul, Minnesota. 1994 – 1999.
Member of core group that directed Minnesota’s tobacco litigation and related tobacco projects.  Responsibilities included:

• Litigation:  as a member of the Attorney General’s litigation coordination team, team, was actively involved in all phases of Minnesota’s historic tobacco litigation, from development of legal theories through motion practice, discovery, appeals and trial, to structuring of the fourth-largest legal settlement in history.
• Legislative advocacy: lead responsibility on behalf of the Attorney General for developing Minnesota’s youth access to tobacco law, including drafting, coalition building and strategic leadership for successful advocacy campaign described by the St. Paul Pioneer Press as  “the major lobbying fight of the [1997 legislative] session.”
• Policy analysis and development: key role in multi-state policy initiatives that prompted fast food restaurant chains to go smoke-free and spurred enactment of youth access statutes nationwide.
• Federal advocacy: Minnesota’s liaison to FDA, FTC and other federal agencies on tobacco issues, responsible for successfully marshalling support of other states for FDA tobacco initiatives, helping support efforts of the Koop-Kessler congressional advisory committee and providing technical support to key congressional offices during debates of 1997 and 1998.
• Community advocacy: shared responsibility for building diverse coalition of support for tobacco litigation and related initiatives, including dozens of Minnesota and national organizations, ranging from small community coalitions to the American Medical Association.  Assisted local advocates with ordinance proposals and implementation.
• Tobacco document research and analysis: shared responsibility for identifying and disseminating significant information in the tobacco industry documents revealed by Minnesota’s litigation, and for promoting increased access to the documents by experts from around the world.
• Communication: responsibility for effective communication with diverse audiences about Minnesota’s litigation and tobacco issues, generally, including media advocacy, testimony, training and seminar presentations and public speaking, including keynote address to 1998 National Tobacco Control Conference, as well as writing congressional and legislative testimony, articles, guest editorials and speeches for the Attorney General.

Director of Consumer Policy and Assistant Attorney General, Minnesota Attorney General’s Office, St. Paul, Minnesota. 1991 – 1995.
Responsible for creating and advancing the Attorney General’s consumer policy agenda.  Identified and developed key issues; handled legislative and regulatory proposals; coordinated policy initiatives with litigation; created public-private partnerships and built effective relations with consumer and business groups nationwide.

Supervised an award-winning public education program that won national recognition for its innovative public-private partnerships; user-friendly publications; successful classroom curricula and effective use of the Internet.

The success of these integrated initiatives was confirmed when Minnesota’s Attorney General became the first official of any state ever to receive the top national awards of both the Consumer Federation of America and the National Consumers’ League.

Illustrative projects included:

• Pioneering efforts to anticipate regulatory challenges created by emergence of the Internet, including creation in 1995 of a forty-state Internet working group, co-chaired by Minnesota; development of Internet privacy proposals; work with federal agencies and groundbreaking litigation against Internet frauds.
• Development of, and successful advocacy for, consumer-centered health care reform proposals, including Minnesota’s generic drug substitution law and the nation’s first ban on abusive pharmaceutical company gifts to physicians..
• Reform of auto leasing abuses, through a coordinated multi-state campaign combining litigation with overhaul of Federal Reserve Board regulations, voluntary agreements with automakers and dealers, and effective public education.
• Campaigns against telemarketing frauds targeting older consumers, combining new state legislation with targeted litigation, coordinated state and federal law enforcement, television public service announcements, Congressional testimony and educational partnerships with AARP and local police departments.

Manager, Consumer Division, and Assistant Attorney General, Minnesota Attorney General’s Office, St. Paul, Minnesota. 1983 – 1991.
Directed Attorney General’s consumer protection activities, with direct responsibility for all law enforcement actions, and supervisory responsibility for consumer complaint mediation and consumer education programs.  Supervised staff of thirty-five.

• Initiated successful national project to prevent deceptive environmental claims in product advertising, including misleading claims that products were recycled, degradable or environmentally-friendly.  Helped initiate multi-state law enforcement actions against ten major manufacturers; organized national hearings; co-wrote influential national policy report and recommendations and helped win adoption of federal advertising standards.  Project was named one of ten best national policy initiatives of 1990 and was hailed as model of successful state, federal, business and non-profit collaboration.
• Helped reform Minnesota’s treatment of defective cars, by re-writing the new car “lemon law;” helping successfully defend it in the federal trial and appellate courts against manufacturers’ constitutional challenge; bringing litigation against non-complying carmakers and developing and winning enactment of the used car lemon law, auto damage disclosure act and auto salvage disclosure law.
• United all fifty states — for the first time ever in a consumer protection case — to oppose efforts by the auto industry to preempt state lemon laws under FTC warranty regulations, and was lead author of states’ successful brief.

Special Assistant Attorney General, Office of the Solicitor General, Minnesota Attorney General’s Office, St. Paul, Minnesota. 1978 – 1983.
Handled complex trial and appellate litigation in state and federal courts.  Practice was concentrated in areas of constitutional litigation, defense of federal civil rights claims and tort litigation, as well as charities oversight and election law.

• Successfully defended Minnesota’s ban on corporate political contributions against constitutional challenge in District Court and Minnesota Supreme Court (lead counsel).
• Successfully defended Minnesota’s groundbreaking tax base sharing law against constitutional challenge at trial and before Minnesota Supreme Court (lead counsel).
• Successfully defended Minnesota’s Wild and Scenic Rivers Act against constitutional challenge in State Supreme Court (second chair).
• Represented Justices of Minnesota Supreme Court in U. S. Supreme Court case establishing principle of judicial immunity in Section 1983 damage claims (amicus curiae).
• Successfully defended innovative ban on throwaway plastic packaging in U. S. Supreme Court (second chair).
• Represented State in successful defense of Minnesota’s handgun control law before Minnesota Supreme Court (amicus curiae).
• Successfully challenged excessive fees of trustee of one of state’s largest charitable trusts (lead counsel).
• Defended constitutionality of charities disclosure law in federal district court (co-counsel).
• Counsel to Minnesota Ethical Practices Board (now the Campaign Finance and Disclosure Board), 1980-1981.  Advised Board on issues involving Minnesota’s campaign finance, lobbying and financial disclosure laws.  Represented Board in enforcement actions.

Judicial Clerk to the Honorable Connor T. Hansen, Supreme Court of Wisconsin, Madison, Wisconsin. 1977 – 1978.
Prepared internal memoranda for state Supreme Court, analyzing and offering recommendations on fifty appellate cases covering the full range of civil and criminal issues. 

Other Policy-Related Experience

Chair, Yale Legislative Services, Yale Law School, New Haven, Connecticut. 1976-1977.
Headed student-run clinical program providing policy analysis and legislative drafting service to legislators nationwide.  Drafted government ethics legislation for Pennsylvania and charities oversight legislation for Minnesota.

Legislative Intern, Office of the Governor of Connecticut, Hartford, Connecticut. 1977. 
Developed legislation for state government re-organization.

Co-founder, Public Interest Research Group in Michigan, Michigan State University chapter, 1972-1973.

Intern, Office of the Secretary of Defense, Washington, D.C. 1972.
     
Volunteer Consumer Complaint Mediator, Michigan Consumers Council, Lansing, Michigan.  1971-1972.

Summer program in modern British history and politics, New College, Oxford University, Oxford, England, United Kingdom. 1973.

Books and Reports

Blanke D. Co-Editor and contributing author. Tracking Tobacco Laws:  A Minnesota Digest, Tobacco Law Center, 2004.

Blanke DD. Editor. Tobacco control legislation: an introductory guide.  World Health Organization, 2003.

Blanke D. Towards health with justice: Litigation and public inquiries as tools for tobacco control.  World Health Organization, 2002.

Blanke, D. Smoke on the web: Can children buy tobacco online?  Enforcement options, challenges and recommendations. Tobacco Law Center, 2002.

World Health Organization, Blue Ribbon Inquiry into Tobacco Industry Activities, 2002.  Consultant and contributing author.

Articles

Blanke DD, and Cork, K.  Symposium Introduction: Exploring the Limits of Smoking Regulation, William Mitchell Law Review, 2008 34(4) 1587-93.

Blanke DD, Humphrey HH. Editorial: Putting truth into action: using the evidence for justice.  Tobacco Control 2006;15 (Supp. 4):iv1-iv3.

Banthin C, Blanke D. Legal approaches to regulating Internet tobacco sales. Journal of Law, Medicine and Ethics 2004 Winter;32(4 Supp)64-68.

Muggli ME, Hurt RD, Blanke DD. Science for hire: A tobacco industry strategy to influence public opinion on secondhand smoke. Nicotine & Tobacco Research, 5(3):303-314, 2003.

Moore J, Ashe M, Gray P, Blanke D. Should your state have a public health law center? Journal of Law, Medicine, and Ethics, 2003 Winter;31(4 Supp.)58-59.

Henson R, Medina L, St. Clair S, Blanke D, Downs L. Clean indoor air: Where, why, and how. Journal of Law, Medicine, and Ethics, 2002 Fall;30(3 Supp.)75-82.

Blanke D.  State attorneys general, in Encyclopedia of the Consumer Movement, Stephen Brobeck, editor; Robert N. Mayer and Robert O. Herrmann, associate editors, (ABC-CLIO, Santa Barbara, CA) 1997.

Forthcoming Publication

Blanke, DD.  Chasing smoke: regulating tobacco in the United States and Europe, in Weiner JB, Hammitt, JK, Rogers M and Sand PH, Editors. The Reality of Precaution: Comparing Approaches to Risk Regulation in the U.S. and Europe. Cambridge, UK: Cambridge University Press. (In press.)

Selected Recent Presentations

Blanke, D. Tobacco Control Legal Consortium. Presented on the tobacco litigation support services of the Tobacco Control Legal Consortium at a Washington, D.C. meeting of the American Cancer Society's Judicial Advocacy Initiative. September 23, 2009

Blanke, D, and Ralston Aoki, J. Preemption and Public Health. Conducted a national webinar sponsored by the California-based National Policy and Legal Analysis Network to Prevent Childhood Obesity. September 15, 2009.

Blanke, D. FDA Regulation of Tobacco Products. Presented as one of several invited representatives of national health organizations to senior leaders of the U.S. Food and Drug Administration in a "Listening Session" teleconference about implementation of new federal legislation for the regulation of tobacco products. September 10, 2009.

Blanke, D. Tobacco in the Courts: Are We Done Yet? Presented at the national meeting of the Conference of Court Public Information Officers. August 8, 2009.

Blanke, D. Mandatory Menu Labeling. Moderated a panel on mandatory calorie and nutrition disclosures for restaurants at the Center for Disease Control and Prevention's "Weight of the Nation" national conference on obesity and health in Washington, D.C. July 28, 2009.

Blanke, D. New FDA Tobacco Legislation. Presented on a Center for Disease Control and Prevention's teleconference for state, tribal and local health departments on implications of new federal tobacco control legislation for state and local agencies. July 10, 2009.

Blanke, D. The Likely Impact of Federal Tobacco Regulation on Future Litigation. A plenary session on the federal bill authorizing the U.S. Food and Drug Administration to regulate tobacco products, and the effect this legislation will have on tobacco-related litigation. Presented at the National Conference on Tobacco or Health, Phoenix, Arizona. June 12, 2009.

Blanke, D. Lobbying Do's and Don'ts. Presented at the National Conference on Tobacco or Health, Phoenix, Arizona. June 11, 2009.

Blanke, D, and Mahoney, M. Demystifying Common Legal Threates and Challenges to Smoke-Free Policies. Presented in a national Tobacco Control Network webinar for approx. 125 state and local public health officials. May 13, 2009.

Blanke, D. Litigation as a Public Health Strategy. Presented in a graduate course on Public Health Law at the University of Minnesota School of Public Health. April 8, 2009.

Blanke, D. Tobacco Regulation and Litigation. Presented as a guest lecture in a graduate course in Public Health Policy at the University of Minnesota School of Public Health. January 29, 2009.

Blanke, D, and Mahoney, M. Public Health Law 101 for Non-Lawyers. Presented at the National Conference of the Association of State and Territorial Health Officers and the National Association of County and City Health officers, Sacramento, CA, September 12, 2008.

Blanke, D, and Mahoney, M. Public Health Law: A Four-Hour Crash Course.  Presented at the CDC Summer Institute, Phoenix, Arizona, July 20, 2008.

Blanke, D.  Where to Next?  Legal Constraints and Opportunities.  Presented at the New York State Tobacco Control Conference, Albany, New York, May 7, 2008.

Blanke, D. Global Crisis, Global Response: The Framework Convention on Tobacco Control.  Presented at the University of Minnesota School of Public Health, Minneapolis, Minnesota, December 7, 2007.

Blanke, D.  Globalizing Tobacco Control.  Presented at the University of Michigan School of Public Health, Ann Arbor, Michigan, November 7, 2007.

Blanke, D.  The Framework Convention and Global Tobacco Control: Why Should You Care?  Presented at the National Conference on Tobacco or Health, Minneapolis, Minnesota, October 26, 2007.

Blanke, D.  The DOJ Case: Where Are We? Presented at the National Conference on Tobacco or Health, Minneapolis, Minnesota, October 24, 2007.

Blanke, D and Mahoney, M.  Battle of the Ballot: Legal Perils and Pitfalls.  Presented to the American Cancer Society Cancer Action Network, Chicago, Illinois, July 17, 2007.

Blanke, D.  The Verdict Is In: The DOJ Findings. Presented at the National Conference of the Society for Research on Nicotine and Tobacco, Austin, Texas, February 22, 2007.

Blanke, D.  Introducing the Tobacco Control Legal Consortium.  Presented at Tobacco Policy Change Grantees Orientation, Robert Wood Johnson Foundation, Princeton, New Jersey, January 18, 2007.

Blanke, D.  The DOJ Case: What You Need to Know Now.  Presented at the National Tobacco Control Partners Meeting, Atlanta, Georgia, November 30, 2006.

Blanke, D.  Litigation as a Strategic Tool: Lessons and Prospects. Presented at the World Conference on Tobacco or Health, Washington, D.C., July 1, 2006.

Blanke, D.  New Directions in Litigation: Developments in the U.S.  Presented at the Third Australian Tobacco Control Conference, Sydney, Australia, November 24, 2005.

Blanke, D.  Ten Cases to Watch: A Report from the Courts.  Presented at the Toward a Model Ohio Conference, Columbus, Ohio, October 20, 2005.

Blanke, D.  Minnesota Tobacco Control: How Did We Get Here?  Where Are We Going?  Presented at the Entrenamiento de Promotores de Salud, Owatonna, Minnesota, October 1, 2005.

Blanke, D.  Beyond Science: Political Realities in Tobacco Control Policymaking.  Presented at the International Workshop on Tobacco Control Legislation, Buenos Aires, Argentina, August 18, 2005.

Blanke, D.  The Power of Litigation.  Presented at the International Workshop in Tobacco Control, Montevideo, Uruguay, August 15, 2005.

Blanke, D.  The RICO Case: Now What?  Presented at the National Tobacco Control Partners Meeting, Atlanta, Georgia, July 28, 2005.

Blanke, D.  How Did We Get Here?  Where Are We Going?  Presented at the Asian Tobacco and Health Conference, Minneapolis, Minnesota, May 13, 2005.

Blanke, D. The Framework Convention: Globalizing Tobacco Control.  Presented at Blue Cross/University of Minnesota’s “Research Into Action” Conference, Minneapolis, Minnesota, February 28, 2005.

Blanke, D.  Regulation of Tobacco Products: Where We Stand. Presented at Blue Cross/University of Minnesota’s “Research Into Action” Conference, Minneapolis, Minnesota, February 28, 2005.

Blanke D.  Smoke-free Policies and Litigation.  Moderator, 132nd Annual Meeting of the American Public Health Association, Washington, DC, November 9, 2004.

Blanke D.  Beyond the FCTC: Building Legislative Capacity for Effective Tobacco Control.  Presented at APACT 2004, Gyeongju, South Korea, September 18, 2004.

Blanke D.  Smoke-Free Policies: Legal Perils and Pitfalls.  Presented at the “Best of the West” Coalition for Tobacco-Free Arizona Second Annual Conference, Phoenix, Arizona, July 23, 2004.

Blanke D.  Preparing for Legal Challenges. Presented at the “Clearing the Air” Institute for Policy Advocacy II, Fallen Leaf Lake, California, June 3, 2004.

Blanke D.  Legal Approaches to Regulating Internet Tobacco Sales.  Presented at the CDC Public Health Law Conference, Atlanta, Georgia, June 15, 2004.

Blanke D.  Tobacco Control Legislation: An Overview.  Presented at the World Health Organization’s CIS Capacity Building Workshop, Minsk, Belarus, March 11, 2004.

Blanke D.  “Get A Lawyer!” Legal Support for Smoke-Free Policy Campaigns.  Presented at the Ohio State Tobacco Control Conference, Columbus, Ohio, January 29, 2004.

Honors and Awards

William Mitchell College of Law, Exceptional Professional Accomplishment Award, 2005.

American Lung Association, C. Everett Koop "Unsung Hero" Award, 2004.

American Lung Association of Minnesota, Award of Recognition, 2004.

National/Regional Collaboration Award, Centers for Disease Control and Prevention and Directors of Health Promotion and Education, 2003.

Lynn Smith Award, American Cancer Society of the Upper Midwest, 2001.

Phi Kappa Phi National Graduate Fellowship, 1977.

Trustees’ Award for Highest Grade Point Average Among Graduating Men, Michigan State University, Spring, 1974.

Professional Affiliations

Member, Board of Trustees, Action on Smoking and Health -- International, 2007- present.

Member, Board of Directors, Minnesota Smoke-Free Coalition, 2000 - present. 

Vice President, National Association of Consumer Agency Administrators, 1995 - 1996.  Member, Board of Directors, 1990 – 1996.

Member, Consumer Advisory Council, Board of Governors of the U. S. Federal Reserve System, Washington, D.C. 1993 – 1995.

Adjunct Instructor in Legal Writing and Research, William Mitchell College of Law, 1984 – 1985.