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Using Tort Litigation to Enhance Regulatory Policy Making: Evaluating Climate-Change Litigation in Light of Lessons from Gun-Industry and Clergy-Sexual-Abuse Lawsuits
- Article from:
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Texas Law Review
- Article date:
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June 1, 2008
- Author:
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Copyright informationCopyright University of Texas, Austin, School of Law Publications, Inc. Jun 2008. Provided by ProQuest LLC. (Hide copyright information)
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I. Introduction
In recent years, tort litigation has been used to address a variety of social problems. Examples include lawsuits aimed at reducing smokingrelated illness, gun violence, and obesity.1 Reactions to this use of tort litigation to influence regulatory policy-what scholars have
termed "regulation through litigation"-have been mixed. On one hand, commentators have argued that litigation can be an effective means of shaping public policy and improving the performance of other policy-making institutions. Lawsuits can frame issues in new ways, give them greater prominence on the agendas of regulatory institutions, uncover policy-relevant information, and mobilize reform advocates.2 ...
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