Journal of Law, Medicine and Ethics 30 (2):224-238 (2002)

Abstract
An ongoing debate among legal scholars and public health advocates is the role of litigation in shaping public policy. For the most part, the debate has been waged at a conceptual level, with opponents and proponents arguing within fairly well-defined boundaries. The debate has been based either on speculation of what litigation could achieve or on ideological grounds as to why litigation should or should not be used this way. With the exception of Rosenberg's study of how litigation shaped policy in civil rights, abortion, and environmental matters, there is almost no empirical support for either position.In recent years, the most ardent proponents of litigation as public policy have been public health advocates. Perhaps out of frustration with the inability to achieve desired public health goals through the legislative branch of government, public health advocates have pursued litigation as an alternative strategy. Beginning with tobacco class action litigation in the early 1990s and continuing with litigation against gun manufacturers at the end of that decade, public health advocates have waged a veritable litigation assault aimed at changing how public health policy is formed.
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DOI 10.1111/j.1748-720x.2002.tb00389.x
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References found in this work BETA

For Your Own Good.Jacob Sullum - forthcoming - Public Health Ethics: Theory, Policy, and Practice.
Prevention and Torts: The Role of Litigation in Injury Control.Stephen P. Teret & Michael Jacobs - 1989 - Journal of Law, Medicine and Ethics 17 (1):17-22.
Prevention and Torts: The Role of Litigation in Injury Control.Stephen P. Teret & Michael Jacobs - 1989 - Journal of Law, Medicine and Ethics 17 (1):17-22.
The Burden of Decision.Alexander Morgan Capron - 1990 - Hastings Center Report 20 (3):36-41.

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