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Litigation For Social Change
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Book Synopsis How Policy Shapes Politics by : Jeb Barnes
Download or read book How Policy Shapes Politics written by Jeb Barnes and published by . This book was released on 2014 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'global rise of judicial power' has been called one of the most significant developments in late twentieth and early twenty-first-century politics. In this book, Jeb Barnes and Thomas F. Burke examine the political consequences of 'judicialization' - the growing reliance on courts, rights and litigation in public policy - by analyzing the field of injury compensation, in which judicialized and bureaucratized programmes operate side-by-side.
Book Synopsis The Hollow Hope by : Gerald N. Rosenberg
Download or read book The Hollow Hope written by Gerald N. Rosenberg and published by University of Chicago Press. This book was released on 2008-09-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Book Synopsis Success Without Victory by : Jules Lobel
Download or read book Success Without Victory written by Jules Lobel and published by NYU Press. This book was released on 2006-02 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of how some legal issues are losing cases - but that's okay because advances are still possible.
Book Synopsis Public Interest Litigation in South Africa by : Jason Brickhill
Download or read book Public Interest Litigation in South Africa written by Jason Brickhill and published by . This book was released on 2018-08-31 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Interest Litigation in South Africa offers grounded accounts - by leaders in the field - of the campaigns, cases, and causes that have defined key areas of public interest litigation in the country since the constitutional transition. The authors share their perspectives on the struggles led by people, communities, activists, and civil society organisations to realise the vision of the Constitution. The book shares the legal narratives of those particular struggles in the hope that this will contribute to the broader continuous struggle for social justice. Part One of the book considers the history of public interest litigation, the public interest sector today, public interest litigation in the context of international law, the ethics and politics of public interest litigation, and procedure. Part Two addresses public interest litigation in key areas of law: property rights, gender, basic services, health care, LGBTI equality, children's rights, basic education, freedom of expression, access to information, and prisoners' rights. Public Interest Litigation in South Africa seeks to share more of the stories of what has been achieved in the courts, beyond the well-trodden, landmark appellate decisions, as a contribution to informed and critical engagement.
Book Synopsis Law and Social Change by : Sharyn L Roach Anleu
Download or read book Law and Social Change written by Sharyn L Roach Anleu and published by SAGE Publications. This book was released on 2009-11-25 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a timely new edition of Sharyn L Roach Anleu's invaluable introduction to the sociology of law and its role as a social institution and social process. Discussing current theory and key empirical research from a diverse range of perspectives Law and Social Change gives relevant examples, from various cultures and societies, to provide a sociological view which goes beyond more jurisprudential approaches to law and society. The book: * provides coverage of major classic and contemporary social theories of law * is informed by empirical research drawn from several countries/societies * includes up to date and relevant examples This thoroughly updated edition engages with modern scholarship, and recent research, on globalization whilst also looking at related issues such as the internationalization of law and human rights. It explores recent reforms at local and national levels, including issues of migration and refugees, the regulation of 'anti-social' behaviour, and specialist or problem solving courts and also provides a clear, accessible introduction to research methods used in the socio-legal field. Direct and wide-ranging this text will be essential reading for students and researchers on social science and law courses and in particular, those taking sociology, legal theory, criminology and criminal justice studies.
Book Synopsis Law and Social Change in Postwar Japan by : Frank K. Upham
Download or read book Law and Social Change in Postwar Japan written by Frank K. Upham and published by Harvard University Press. This book was released on 2009-06-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many people believe that conflict in the well-disciplined Japanese society is so rare that the Japanese legal system is of minor importance. Frank Upham shows conclusively that this view is mistaken and demonstrates that the law is extensively used, on the one hand, by aggrieved groups to articulate their troubles and mobilize political support and, on the other, by the government to channel and manage conflict after it has arisen. This is the first Western book to take law seriously as an integral part of the dynamics of Japanese business and society, and to show how an informal legal system can work in a complex industrial democracy. Upham does this by focusing on four recent controversies with broad social implications: first, how Japan dealt with the world's worst industrial pollution and eventually became a model for Western environmental reforms; second, how the police and courts have allowed one Japanese outcast group to use carefully orchestrated physical coercion to achieve wide-ranging affirmative action programs; third, how Japanese working women used the courts to force employers to eliminate many forms of discrimination and eventually convinced the government to pass an equal employment opportunity act; and, finally, how the Ministry of International Trade and Industry and various sectors of Japanese industry have used legal doctrine to cope with the dramatic changes in Japan's economy over the last twenty-five years. Readers interested in the interaction of law and society generally; those interested in contemporary Japanese sociology, politics, and anthropology; and American lawyers, businessmen, and government officials who want to understand how law works in Japan will all need this unusual new book.
Download or read book Union by Law written by Michael W. McCann and published by University of Chicago Press. This book was released on 2020-04-21 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in the early 1900s, many thousands of native Filipinos were conscripted as laborers in American West Coast agricultural fields and Alaska salmon canneries. There, they found themselves confined to exploitative low-wage jobs in racially segregated workplaces as well as subjected to vigilante violence and other forms of ethnic persecution. In time, though, Filipino workers formed political organizations and affiliated with labor unions to represent their interests and to advance their struggles for class, race, and gender-based social justice. Union by Law analyzes the broader social and legal history of Filipino American workers’ rights-based struggles, culminating in the devastating landmark Supreme Court ruling, Wards Cove Packing Co. v. Atonio (1989). Organized chronologically, the book begins with the US invasion of the Philippines and the imposition of colonial rule at the dawn of the twentieth century. The narrative then follows the migration of Filipino workers to the United States, where they mobilized for many decades within and against the injustices of American racial capitalist empire that the Wards Cove majority willfully ignored in rejecting their longstanding claims. This racial innocence in turn rationalized judicial reconstruction of official civil rights law in ways that significantly increased the obstacles for all workers seeking remedies for institutionalized racism and sexism. A reclamation of a long legacy of racial capitalist domination over Filipinos and other low-wage or unpaid migrant workers, Union by Law also tells a story of noble aspirational struggles for human rights over several generations and of the many ways that law was mobilized both to enforce and to challenge race, class, and gender hierarchy at work.
Book Synopsis Strategic Litigation Impacts: Insights from Global Experience by : open society justice initiative
Download or read book Strategic Litigation Impacts: Insights from Global Experience written by open society justice initiative and published by . This book was released on 2018-10-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Empirical look at human rights litigation
Book Synopsis Legal Strategies in Childhood Obesity Prevention by : Institute of Medicine
Download or read book Legal Strategies in Childhood Obesity Prevention written by Institute of Medicine and published by National Academies Press. This book was released on 2011-08-08 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1980, childhood obesity rates have more than tripled in the United States. Recent data show that almost one-third of children over 2 years of age are already overweight or obese. While the prevalence of childhood obesity appears to have plateaued in recent years, the magnitude of the problem remains unsustainably high and represents an enormous public health concern. All options for addressing the childhood obesity epidemic must therefore be explored. In the United States, legal approaches have successfully reduced other threats to public health, such as the lack of passive restraints in automobiles and the use of tobacco. The question then arises of whether laws, regulations, and litigation can likewise be used to change practices and policies that contribute to obesity. On October 21, 2010, the Institute of Medicine (IOM) held a workshop to bring together stakeholders to discuss the current and future legal strategies aimed at combating childhood obesity. Legal Strategies in Childhood Obesity Prevention summarizes the proceedings of that workshop. The report examines the challenges involved in implementing public health initiatives by using legal strategies to elicit change. It also discusses circumstances in which legal strategies are needed and effective. This workshop was created only to explore the boundaries of potential legal approaches to address childhood obesity, and therefore, does not contain recommendations for the use of such approaches.
Book Synopsis Rights-based Litigation, Urban Governance and Social Justice in South Africa by : Marius Pieterse
Download or read book Rights-based Litigation, Urban Governance and Social Justice in South Africa written by Marius Pieterse and published by Routledge. This book was released on 2017-09-08 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights-based Litigation, Urban Governance and Social Justice in South Africa considers the overlap between legal and everyday struggles for social and spatial justice in the particular context of Johannesburg, South Africa. Drawing from literature across disciplines of law, urban geography and urban planning, as well as from reported case-law concerning the invocation of constitutional rights in Johannesburg and other South African cities, the book critically examines whether, and to what extent, the invocation of legal rights before South African courts have contributed to the advancement of social justice in the city. It considers the impact of the legal assertion of different constituent aspects of the so-called "right to the city" on the many people simultaneously performing the right, the governance structures responsible for enabling and facilitating its enjoyment and, thirdly, the physical place in which it is performed. Drawing broad conclusions on the utility of rights-based litigation for the achievement of social change and spatial justice, this book will be of interest to students and scholars of South Africa, constitutional law, human rights law, regulatory law, sociology of rights, studies of law and society, urban studies, urban geography, governance studies, and development studies.
Book Synopsis Courting Social Justice by : Varun Gauri
Download or read book Courting Social Justice written by Varun Gauri and published by Cambridge University Press. This book was released on 2010-03-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.
Book Synopsis Lawyers, Lawsuits, and Legal Rights by : Thomas F. Burke
Download or read book Lawyers, Lawsuits, and Legal Rights written by Thomas F. Burke and published by Univ of California Press. This book was released on 2002 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Burke drills deep into America's unique culture of litigation and is rewarded with a powerful insight: it is not the public or even lawyers that are so darn litigious, but American law itself. This meticulous, dispassionate book stands not only to advance the debate but—I hope—to reshape it."—Jonathan Rauch, author of Government's End: Why Washington Stopped Working "Lawyers, Lawsuits, and Legal Rights is a fascinating study of the American penchant for public policies that rely on lawsuits to get things done. Burke's analysis is insightful and original. This book compellingly shows that litigious policies have deep roots in our Constitution, culture, and politics."—Charles Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective "Burke's authoritative book demonstrates that the highly litigious American system is not an isolated anomaly but in fact fits in with deeply-rooted elements of American political culture. Where citizens of other countries rely on expert or bureaucratic judgment to resolve disputes, Americans turn to the courts. Equally novel and compelling, Lawyers, Lawsuits, and Legal Rights marshals an impressive set of evidence and delivers a refreshingly well-written look at the state of American litigation."—Frank R. Baumgartner, co-author of Agendas and Instability in American Politics
Book Synopsis The Politics of Rights by : Stuart A. Scheingold
Download or read book The Politics of Rights written by Stuart A. Scheingold and published by University of Michigan Press. This book was released on 2010-03-10 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stuart A. Scheingold's landmark work introduced a new understanding of the contribution of rights to progressive social movements, and thirty years later it still stands as a pioneering and provocative work, bridging political science and sociolegal studies. In the preface to this new edition, the author provides a cogent analysis of the burgeoning scholarship that has been built on the foundations laid in his original volume. A new foreword from Malcolm Feeley of Berkeley's Boalt Hall School of Law traces the intellectual roots of The Politics of Rights to the classic texts of social theory and sociolegal studies. "Scheingold presents a clear, thoughtful discussion of the ways in which rights can both empower and constrain those seeking change in American society. While much of the writing on rights is abstract and obscure, The Politics of Rights stands out as an accessible and engaging discussion." -Gerald N. Rosenberg, University of Chicago "This book has already exerted an enormous influence on two generations of scholars. It has had an enormous influence on political scientists, sociologists, and anthropologists, as well as historians and legal scholars. With this new edition, this influence is likely to continue for still more generations. The Politics of Rights has, I believe, become an American classic." -Malcolm Feeley, Boalt Hall School of Law, University of California, Berkeley, from the foreword Stuart A. Scheingold is Professor Emeritus of Political Science at the University of Washington.
Book Synopsis The Making of a Civil Rights Lawyer by : Michael Meltsner
Download or read book The Making of a Civil Rights Lawyer written by Michael Meltsner and published by University of Virginia Press. This book was released on 2006 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a white Yale Law School graduate, Meltsner began his career with the Legal Defense Fund of the NAACP, working initially under Thurgood Marshall and later under Jack Greenberg. From his vantage point at LDF, Meltsner witnessed and participated in litigation support of the civil rights movement in the South. As the movement shifted north and the fight for desegregation gave way to black-power slogans, Meltsner remained involved with the LDF and later went on to teach public interest practice at Columbia Law School. He watched the move from the high expectations after the Brown v. Board of Education decision to the lows of subsequent resegregation. He recalls his involvement in other civil rights efforts, from the campaigns to abolish capital punishment to Muhammad Ali's legal battle to regain his right to box. Meltsner closes with a chapter that examines the strategic possibilities of the No Child Left Behind mandate. Meltsner brings a personal perspective to this assessment of the hopes, potential, and shifting terrain of public service law. A worthy read. --Vernon Ford Copyright 2006 Booklist.
Book Synopsis Rights and Courts in Pursuit of Social Change by : Dia Anagnostou
Download or read book Rights and Courts in Pursuit of Social Change written by Dia Anagnostou and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?
Book Synopsis Climate Change Litigation by : Jacqueline Peel
Download or read book Climate Change Litigation written by Jacqueline Peel and published by Cambridge University Press. This book was released on 2015-04-09 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how litigation over climate change shapes the choices of governments, corporations and the public regarding mitigation and adaptation.
Book Synopsis Unleashing Rights by : Helena Silverstein
Download or read book Unleashing Rights written by Helena Silverstein and published by University of Michigan Press. This book was released on 1996-06-04 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVHow the animal rights movement has used the legal system and rights talk to advance social change /div
