Timothy D. Lytton

Georgia State University - College of Law

Regents Professor and Professor of Law

P.O. Box 4037

Atlanta, GA 30302-4037

United States

http://law.gsu.edu/profile/timothy-d-lytton/

  • Georgia State University - College of Law

SCHOLARLY PAPERS

46

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8

Scholarly Papers (46)

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1.

Allowing Patients to Waive the Right to Sue for Medical Malpractice: A Response to Thaler and Sunstein

Northwestern University Law Review, Vol. 104, Pg. 233, 2010, U of Penn, Inst for Law & Econ Research Paper No. 09-06, Albany Law School Research Paper No. 09-07
Number of pages: 20 Posted: 26 Feb 2009 Last Revised: 02 Oct 2010
Tom Baker and Timothy D. Lytton
University of Pennsylvania Carey Law School and Georgia State University - College of Law
Downloads 516 (118,187)

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Nudge, liberty, health care, waiver, cost-benefit analysis, behavioral economics, professional negligence, torts, liability insurance, healthcare costs, bias perception, tort compensation

2.

Competitive Third-Party Regulation: How Private Certification Can Overcome Constraints that Frustrate Government Regulation

Theoretical Inquiries in Law, Vol. 15:539 (2014)
Number of pages: 34 Posted: 21 Aug 2013 Last Revised: 20 Jun 2014
Timothy D. Lytton
Georgia State University - College of Law
Downloads 449 (139,757)
Citation 1

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regulation, private standards, certification, governance

3.

Tort Claims Against Gun Manufacturers for Crime-Related Injuries: Defining a Suitable Role for the Tort System in Regulating the Firearms Industry

Missouri Law Review, Vol. 65, April 2000
Number of pages: 89 Posted: 14 Mar 2000
Timothy D. Lytton
Georgia State University - College of Law
Downloads 403 (158,225)
Citation 2

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4.

Oversight in Private Food Safety Auditing: Addressing Auditor Conflict of Interest

Wisconsin Law Review, Vol. 2014, p. 289 (2014)
Number of pages: 47 Posted: 07 Feb 2014 Last Revised: 31 May 2022
Timothy D. Lytton and Lesley K. McAllister
Georgia State University - College of Law and University of California, Davis - School of Law
Downloads 363 (177,932)
Citation 1

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food safety, standards compliance, private regulation, auditing, certification

5.

Signs of Change or Clash of Symbols? FDA Regulation of Nutrient Profile Labeling

Health Matrix, Vol. 19, No. 2, p. 217, 2010, Albany Law School Research Paper No. 26
Number of pages: 52 Posted: 21 Nov 2009 Last Revised: 29 Jul 2010
Timothy D. Lytton
Georgia State University - College of Law
Downloads 330 (197,317)

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food label, front-of-package labeling, nutrient profile

6.

The Contours of Gun Industry Immunity: Separation of Powers, Federalism, and the Second Amendment

Florida Law Review, Vol. 75, 2023
Number of pages: 64 Posted: 15 Feb 2023 Last Revised: 30 Nov 2023
Hillel Y. Levin and Timothy D. Lytton
University of Georgia School of Law and Georgia State University - College of Law
Downloads 327 (199,247)
Citation 1

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Firearms, Second Amendment, Gun Industry, Tort Litigation, Public Nuisance, Product Liability, Bruen, Federalism

7.

Clergy Sexual Abuse Litigation: The Policymaking Role of Tort Law

Connecticut Law Review, Vol. 39, No. 3, p. 809, 2007
Number of pages: 87 Posted: 15 Feb 2007
Timothy D. Lytton
Georgia State University - College of Law
Downloads 301 (217,866)

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torts, mass tort, clergy sexual abuse, litigation

8.

Using Tort Litigation to Enhance Regulatory Policy Making: Evaluating Climate-Change Litigation in Light of Lessons from Gun-Industry and Clergy-Sexual-Abuse Lawsuits

Texas Law Review, Vol. 86, p. 1837, 2008, Albany Law School Research Paper No. 09-05
Number of pages: 41 Posted: 21 Aug 2008 Last Revised: 14 May 2009
Timothy D. Lytton
Georgia State University - College of Law
Downloads 291 (225,825)

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tort, litigation, climate change, regulation

9.

Tort as a Litigation Lottery: A Misconceived Metaphor

Boston College Law Review, Vol. 52, p. 267, 2011 , Stanford Public Law Working Paper No. 1690844, Yale Law & Economics Research Paper No. 416, Albany Law School Research Paper No. 34
Number of pages: 22 Posted: 12 Oct 2010 Last Revised: 01 Mar 2011
Timothy D. Lytton, Robert L. Rabin and Peter H. Schuck
Georgia State University - College of Law, Stanford Law School and Yale University - Law School
Downloads 256 (257,478)

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tort law, tort reform

10.

Using Litigation to Make Public Health Policy: Theoretical and Empirical Challenges in Assessing Product Liability, Tobacco, and Gun Litigation

Journal of Law, Medicine & Ethics, Vol. 32, No. 4, Winter 2004
Number of pages: 9 Posted: 10 Apr 2005
Timothy D. Lytton
Georgia State University - College of Law
Downloads 246 (267,937)

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Litigation, public health, gun, tobacco, product liability

11.

Should Government Be Allowed to Recover the Costs of Public Services from Tortfeasors?: Tort Subsidies, the Limits of Cost Spreading, and the Free Public Services Doctrine

Tulane Law Review, Vol. 76, No. 3, pp. 727-781, 2002
Number of pages: 56 Posted: 10 Jul 2002 Last Revised: 26 Dec 2013
Timothy D. Lytton
Georgia State University - College of Law
Downloads 195 (336,296)

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cost-recoupment litigation, free public services doctrine, tobacco litigation, gun litigation, tax subsidies, tort reform

12.

Due Process and Legal Authority in the Garden of Eden: Jurisprudence in Aggadic Midrash

Jewish Law Annual, Vol. 16, p. 185, 2006
Number of pages: 9 Posted: 21 Jul 2006
Timothy D. Lytton
Georgia State University - College of Law
Downloads 180 (359,969)

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Bible, Midrash, Jewish Law, Jurisprudence

13.

Banning Front-of-Package Food Labels: First Amendment Constraints on Public Health Policy

Public Health Nutrition, Vol. 14, No. 6, p. 1123, 2011, Albany Law School Research Paper No. 10-41
Number of pages: 4 Posted: 06 Dec 2010 Last Revised: 31 May 2022
Timothy D. Lytton
Georgia State University - College of Law
Downloads 178 (363,553)

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FDA, Food Labelling, Nutrition, Front of Package Labels

14.

Technical Standards in Health & Safety Regulation: Risk Regimes, the New Administrative Law, and Food Safety Governance

Cambridge Handbook of Technical Standardization Law, Vol. 2: Administrative Law, Copyright, Trademark, and International Law (Jorge L. Contreras, ed., Cambridge University Press 2019, Forthcoming)
Number of pages: 36 Posted: 09 Aug 2018 Last Revised: 24 May 2019
Timothy D. Lytton
Georgia State University - College of Law
Downloads 176 (367,208)

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regulatory governance, risk regulation, food safety, standards conformity, health & safety regulation, regulatory pluralism, risk regimes

15.

Halberstam v. Daniel and the Uncertain Future of Negligent Marketing Claims against Firearms Manufacturers

Brooklyn Law Review, Vol. 64, No. 2, 1998
Number of pages: 29 Posted: 24 Jun 2009
Timothy D. Lytton
Georgia State University - College of Law
Downloads 172 (374,813)

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gun industry litigation, gun control, negligent marketing

16.

Exposing Private Third-Party Food Safety Auditors to Civil Liability for Negligence: Harnessing Private Law Norms to Regulate Private Governance

European Review of Private Law, Vol. 27, p.353, 2019, Georgia State University College of Law, Legal Studies Research Paper No. 2019-05
Number of pages: 34 Posted: 07 Aug 2018 Last Revised: 31 May 2022
Timothy D. Lytton
Georgia State University - College of Law
Downloads 158 (403,421)
Citation 1

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regulatory governance, private standards, risk regulation, food safety, standards conformity, certification, health & safety regulation, private law

17.

Lawsuits Against the Gun Industry: A Comparative Institutional Analysis

Connecticut Law Review, Vol. 32, No. 4, 2000
Number of pages: 29 Posted: 24 Jun 2009
Timothy D. Lytton
Georgia State University - College of Law
Downloads 154 (412,285)
Citation 1

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gun industry litigation, gun control

18.

Private Third-Party Verification of Product Claims: Lessons from Kosher Certification

Research Handbook on International Food Law, Michael Roberts (ed.), Edward Elgar 2023
Number of pages: 27 Posted: 12 Dec 2022 Last Revised: 30 Nov 2023
Timothy D. Lytton
Georgia State University - College of Law
Downloads 150 (421,333)

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kosher certification, credence qualities, food labeling, misbranding, food fraud, private governance

19.

Known Unknowns: Unmeasurable Hazards and the Limits of Risk Regulation

Oklahoma Law Review, Vol. 76, No. 4, p. 857, 2024, Oklahoma Law Review, Vol. 76, No. 4, p. 857, 2024
Number of pages: 93 Posted: 01 Aug 2024
Timothy D. Lytton
Georgia State University - College of Law
Downloads 147 (428,304)

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risk regulation, private governance, food safety, hazard reduction, romaine lettuce, leafy greens, agricultural water, foodborne illness, new governance, precautionary principle

20.

Using Insurance to Regulate Food Safety: Field Notes from the Fresh Produce Sector

New Mexico Law Review, Vol. 52, p. 282, 2022
Number of pages: 59 Posted: 22 Jul 2022
Timothy D. Lytton
Georgia State University - College of Law
Downloads 143 (437,987)

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food safety, insurance, private governance, tort liability

21.

There is More to Transparency than Meets the Eye: The Impact of Mandatory Disclosure Laws Aimed at Promoting Breastfeeding

American Journal of Law and Medicine, Vol. 40, p. 393, 2014
Number of pages: 21 Posted: 01 Oct 2014 Last Revised: 31 May 2022
Timothy D. Lytton, Barbara Dennison, Trang Nguyen and Janine Jurkowski
Georgia State University - College of Law, New York State Department of Health, New York State Department of Health and State University of New York (SUNY) at Albany, School of Public Health
Downloads 136 (455,983)

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mandatory disclosure, transparency, healthcare regulation, breastfeeding

22.

An Educational Approach to School Food: Using Nutrition Standards to Promote Healthy Dietary Habits

Utah Law Review, Vol. 2010, No. 4, 2010
Number of pages: 33 Posted: 26 Feb 2010 Last Revised: 20 Jan 2014
Timothy D. Lytton
Georgia State University - College of Law
Downloads 135 (458,729)

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school food, food law, NSLP, school lunch, nutrition

23.

Regulation of Chemicals in Food

Chemicals and the Law, Elgar Encyclopedia of Environmental Law Series (Edward Elgar Publishing 2022)
Number of pages: 24 Posted: 21 May 2018 Last Revised: 30 Nov 2023
Timothy D. Lytton and Patricia J. Zettler
Georgia State University - College of Law and Ohio State University (OSU) - Michael E. Moritz College of Law
Downloads 120 (503,307)

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food safety regulation, food contamination, foodborne illness, economic adulteration, food additives, food coloring, pesticide residues, herbicide residues, fertilizer residues, animal drug residues, food contact materials, environmental pollutants in food, food defense

24.

Rule and Relationships: The Varieties of Wrongdoing in Tort Law

Seton Hall Law Review, Vol. 28, No. 2, 1997
Number of pages: 31 Posted: 24 Jun 2009
Timothy D. Lytton
Georgia State University - College of Law
Downloads 120 (503,307)
Citation 1

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tort theory, moral theory

25.

Framing Clergy Sexual Abuse as an Institutional Failure: How Tort Litigation Influences Media Coverage

William Mitchell Law Review, Vol. 36, No. 1, 2009
Number of pages: 17 Posted: 24 Apr 2010
Timothy D. Lytton
Georgia State University - College of Law
Downloads 102 (568,296)

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torts, clergy sexual abuse

26.

Responsive Analysis: Public Health Federalism and Tort Reform in the U.S. Response to COVID-19

DePaul Law Review, Vol. 71, p. 101, 2022
Number of pages: 10 Posted: 10 Jun 2022
Timothy D. Lytton
Georgia State University - College of Law
Downloads 96 (592,062)

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COVID, pandemic, tort liability, civil liability, public health, tort reform

27.

Oversight of Private Food Safety Auditing in the U.S.: A Hybrid Approach to Auditor Conflict of Interest

in Hybridization of Food Governance: Trends, Types and Results (Edward Elgar Publishing 2017), Georgia State University College of Law, Legal Studies Research Paper No. 2018-04
Number of pages: 28 Posted: 01 Jun 2017 Last Revised: 31 May 2022
Timothy D. Lytton and Lesley K. McAllister
Georgia State University - College of Law and University of California, Davis - School of Law
Downloads 94 (600,017)

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food safety, regulatory governance, auditing, regulatory compliance

28.

'Shall Not the Judge of the Earth Deal Justly?': Accountability, Compassion, and Judicial Authority in the Biblical Story of Sodom and Gomorrah

Journal of Law and Religion, Vol. 18, No. 1, 2002
Number of pages: 26 Posted: 04 Mar 2003 Last Revised: 27 Nov 2013
Timothy D. Lytton
Georgia State University - College of Law
Downloads 94 (600,017)

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Bible, Abraham, Sodom, Jurisprudence, Literature

29.

Righting a Reproductive Wrong: A Statutory Tort Solution to Misrepresentation by Reproductive Tissue Providers

Houston Law Review, Vol. 60, No. 1, 2022
Number of pages: 50 Posted: 09 Nov 2022 Last Revised: 30 May 2023
Yaniv Heled, Hillel Y. Levin, Timothy D. Lytton and Liza Vertinsky
Georgia State University College of Law, University of Georgia School of Law, Georgia State University - College of Law and University of Maryland Carey School of Law
Downloads 89 (620,741)

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assisted reproductive technology, sperm bank, tort liability, abortion politics, fraud

30.

The Taming of the Stew: Regulatory Intermediaries in Food Safety Governance

670 ANNALS of the American Academy of Political and Social Science 78 (2017)
Number of pages: 26 Posted: 01 Jun 2017
Timothy D. Lytton
Georgia State University - College of Law
Downloads 89 (620,741)

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Food Safety, Regulatory Governance, Third-Party Auditing, Intermediaries, Network Theory

31.

Tort Claims for the Coverup of Child Sexual Abuse: Private Litigation, Corporate Accountability, and Institutional Reform

DePaul Law Review, Vol. 72, No. 2, 2023
Number of pages: 34 Posted: 07 Jun 2023
Timothy D. Lytton
Georgia State University - College of Law
Downloads 84 (643,084)

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Torts, sexual abuse, bankruptcy, mass torts, boy scouts, USA Gymnastics, Catholic Church

32.

Responsibility for Human Suffering: Awareness, Participation, and the Frontiers of Tort Law

Cornell Law Review, Vol. 78, No. 3, 1993
Number of pages: 37 Posted: 25 Jun 2009
Timothy D. Lytton
Georgia State University - College of Law
Downloads 84 (643,084)

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tort law, responsibility

33.

A Wrong Without a Remedy: Leaving Parents and Children with a Hollow Victory in Lawsuits against Unscrupulous Sperm Banks

Chicago-Kent Law Review, Vol. 96, No. 1, 2021
Number of pages: 14 Posted: 25 Jan 2022 Last Revised: 11 Feb 2023
Yaniv Heled, Timothy D. Lytton and Liza Vertinsky
Georgia State University College of Law, Georgia State University - College of Law and University of Maryland Carey School of Law
Downloads 71 (707,611)

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assisted reproductive technology, sperm bank, tort liability, abortion politics, fraud

34.

Exodus and the Struggle for Deliverance: Guatemalan Refugees in Mexico

International Journal of Refugee Law, p. 173, Special Issue, September 1990
Number of pages: 8 Posted: 25 Jun 2009
Timothy D. Lytton
Georgia State University - College of Law
Downloads 51 (837,654)

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refugees, Guatemala

35.

Revolution, Participatory Democracy, and Property (the Nicaraguan Property Regime after Sandinista Land Reform

Capital University Law Review, Vol. 22, No. 4, 1993
Number of pages: 5 Posted: 25 Jun 2009
Timothy D. Lytton
Georgia State University - College of Law
Downloads 51 (837,654)

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Nicaragua, property reform, revolution

36.

Using Public Nuisance Litigation to Address Industrywide Misconduct: Common-Law Statutes, Nondelegation Doctrine, and Regulation by Litigation

DePaul Law Review, Vol. 74, pp. 461-495, 2025
Number of pages: 34
Hillel Y. Levin and Timothy D. Lytton
University of Georgia School of Law and Georgia State University - College of Law
Downloads 10

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public nuisance, torts, administrative law, nondelegation, mass tort, firearms, opioids, e-cigarettes, social media addiction, common law, statutory interpretation

37.

Stopping the Resurgence of Vaccine-Preventable Childhood Diseases: Policy, Politics, and Law

University of Illinois Law Review, Vol. 2020, p. 233, 2020
Posted: 24 Jan 2020 Last Revised: 30 Nov 2023
Hillel Y. Levin, Stacie Patrice Kershner, Timothy D. Lytton, Daniel Salmon and Saad B. Omer
University of Georgia School of Law, Georgia State University - College of Law, Georgia State University - College of Law, Johns Hopkins University - Bloomberg School of Public Health and Yale University - Institute for Global Health
Downloads 0 (1,339,792)

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vaccines, immunization, health law, children, measles, education law, First Amendment, religious freedom, community immunity, sincerity inquiries, Establishment Clause

38.

Outbreak: Foodborne Illness and the Struggle for Food Safety

University of Chicago Press (2019)
Posted: 23 May 2019 Last Revised: 30 Nov 2023
Timothy D. Lytton
Georgia State University - College of Law

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regulatory governance, civil liability, regulation, food safety

39.

Jewish Foodways and Religious Self-Governance: The Failure of Communal Kashrut Regulation and the Rise of Private Kosher Certification

Jewish Quarterly Review, vol. 104, no. 1 (Winter 2014) 38-45, Albany Law School Research Paper No. 5 for 2014-2015
Posted: 28 Mar 2014
Timothy D. Lytton
Georgia State University - College of Law

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kosher, food regulation, private standards, certification, standards compliance

40.

Kosher: Private Regulation in the Age of Industrial Food

Harvard University Press (2013)
Posted: 19 Mar 2013 Last Revised: 22 Mar 2013
Timothy D. Lytton
Georgia State University - College of Law

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regulation, private standard setting, certification, food regulation, labeling, food safety

41.

Holding Bishops Accountable: How Lawsuits Helped the Catholic Church Confront Clergy Sexual Abuse

Harvard University Press, 2008
Posted: 05 May 2008 Last Revised: 31 May 2022
Timothy D. Lytton
Georgia State University - College of Law

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torts, litigation, civil justice, sexual abuse

42.

Federal Gun Industry Immunity Legislation

SUING THE GUN INDUSTRY: A BATTLE AT THE CROSSROADS OF GUN CONTROL & MASS TORTS, paperback, University of Michigan Press, 2006
Posted: 05 Feb 2007 Last Revised: 27 Nov 2013
Timothy D. Lytton
Georgia State University - College of Law

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torts, gun litigation, mass tort, gun control

43.

The NRA, the Brady Campaign, & the Politics of Gun Litigation

Timothy D. Lytton, SUING THE GUN INDUSTRY, University of Michigan Press, 2005
Posted: 17 May 2005 Last Revised: 27 Nov 2013
Timothy D. Lytton
Georgia State University - College of Law

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gun control, gun litigation, NRA, mass tort, public health

44.

The Complementary Role of Tort Litigation in Regulating the Gun Industry

Timothy D. Lytton, SUING THE GUN INDUSTRY, University of Michigan Press, 2005
Posted: 17 May 2005 Last Revised: 27 Nov 2013
Timothy D. Lytton
Georgia State University - College of Law

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gun control, guns, tort litigation, mass tort, public health

45.

Symposium Introduction: Assessing Peter Schuck's Diversity in America: Keeping Government at a Safe Distance

Yale Law & Policy Review, Vol. 23, No. 1, 2005
Posted: 15 Apr 2005 Last Revised: 28 Apr 2014
Timothy D. Lytton
Georgia State University - College of Law

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Diversity, public policy, Schuck, affirmative action, immigration

46.

Introduction: An Overview of Lawsuits Against the Gun Industry

Timothy D. Lytton, SUING THE GUN INDUSTRY, University of Michigan Press, 2005
Posted: 15 Apr 2005
Timothy D. Lytton
Georgia State University - College of Law

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gun litigation, public health, tort