Law Commons^™

(How) Can Litigation Advance Multiracial Democracy?, Olatunde C.A. Johnson

Faculty Scholarship

Can rights litigation meaningfully advance social change in this moment? Many progressive or social justice legal scholars, lawyers, and advocates would argue “no.” Constitutional decisions issued by the U.S. Supreme Court thwart the aims of progressive social movements. Further, contemporary social movements often decenter courts as a primary domain of social change. In addition, a new wave of legal commentary urges progressives to de-emphasize courts and constitutionalism, not simply tactically but as a matter of democratic survival.

This Essay considers the continuing role of rights litigation, using the litigation over race-conscious affirmative action as an illustration. Courts are a key …

The Economic Justice Imperative For Transactional Law Clinics, Lynnise E. Pantin

Faculty Scholarship

The economic, political, and social volatility of the sixties and seventies, out of which clinical legal education was born, has certain mythical qualities for most law students, and perhaps some law professors. America still bears the scars of the economic policies of those previous eras, such as redlining, blockbusting, poverty and urban decay. While the realities of the era may seem out of reach for many of our students, those arising out of that era have contributed to the wealth gap in this country, which has worsened over the last twenty years. Now more than ever, society needs social justice …

Bringing Human Rights Home: The Birmingham Mayor's Office Human Rights Dialogue, Human Rights Institute, Office Of The Mayor Of The City Birmingham

Human Rights Institute

Human rights begin close to home. Local governments have jurisdiction over a range of human rights issues, including those related to housing, education, employment, and criminal justice. Indeed, local agencies and officials are essential to the promotion and protection of human rights in the United States. They work every day to create conditions under which all communities can flourish. Mayors are particularly well-situated to advance human rights and build a culture of human rights based on dignity, freedom from discrimination, and opportunity.

Risky Arguments In Social-Justice Litigation: The Case Of Sex Discrimination And Marriage Equality, Suzanne B. Goldberg

Faculty Scholarship

This Essay takes up the puzzle of the risky argument or, more precisely, the puzzle of why certain arguments do not get much traction in advocacy and adjudication even when some judges find them to be utterly convincing. Through a close examination of the sex discrimination argument's evanescence in contemporary marriage litigation, this Essay draws lessons about how and why arguments become risky in social-justice cases and whether they should be made nonetheless. The marriage context is particularly fruitful because some judges, advocates, and scholars find it "obviously correct" that laws excluding same-sex couples from marriage discriminate facially based on …

Using Human Rights Mechanisms Of The United Nations To Advance Economic Justice, Risa E. Kaufman, Joann Kamuf Ward

Human Rights Institute

As a growing number of social justice lawyers employ human rights standards and strategies to advocate for their clients. human rights mechanisms of the United Nations have become a promising way for lawyers to work toward economic justice. These mechanisms are not only an alternative to traditional litigation and administrative advocacy but also unique opportunities for collaboration among U.S. civil society groups and engagement with policymakers. Because they are grounded in international human 1ights norms. human rights mechanisms have the potential to deal with social and economic issues beyond the reach of traditional domestic protections. By strategically using these mechanisms. …

Thinking About Feminism, Social Justice, And The Place Of Feminist Law Journals: A Letter To The Editor, Suzanne B. Goldberg

Faculty Scholarship

Dear Editors:

You, like the editors who came before you, have staked a place in an invigorating and challenging conversation about the transformative potential of feminist approaches to social justice.1 As you envision and edit your journal, fundamental questions about the purpose of feminist scholarship and the value of retaining an autonomous space for feminist jurisprudence loom large.

Not surprisingly, The Bluebook will provide little guidance on these topics. Instead, consistent with the feminist enterprise,2 you will need to search out sources, both within and outside of the law school library, to spark your critical thinking. Ideally these will ensure …

Introduction: Reconnecting Labor And Civil Rights Advocacy, Susan P. Sturm

Faculty Scholarship

Labor and civil rights movements in the United States share the aspiration of empowering workers to attain economic and social justice in the workplace. From their inception, both movements have articulated goals that link individual dignity and group empowerment, economic access and fair treatment, legal entitlements and political mobilization. They proceed on the premise that the workplace is a site where vital economic interests and possibilities for self-development come together. Put otherwise, both forms of advocacy strive for a regime that links these concerns to do justice to the workplace as a site for the expression of democratic citizenship.