Using litigation to make public health policy: Theoretical and empirical challenges in assessing product liability, tobacco, and gun litigation

In the debate over the use of litigation to make public health policy. proponents and critics of the litigation disagree over the proper role of courts in policy making. This article examines these arguments and argues that (1) the two sides rely on competing ideals of the proper role of courts drawn from constitutional law, both of which are inapposite to the traditional policy making role of courts in the context of civil litigation and (2) the central argument, of each side require further theoretical elaboration mid empirical support.