You Know the Type: Categories of Cause Lawyering
Thomas M. Hilbink,
Thomas M. Hilbink
Assistant professor, Department of Legal Studies, University of Massachusetts at Amherst. The author wishes to thank Catherine Albiston, Christine Harrington, Laura Hatcher, Michael McCann, Ron Pipkin, Austin Sarat, and Ann Southworth for their insightful comments and suggestions. This paper greatly benefited from the feedback provided by the community at the Center for the Study of Law and Society, where I presented an earlier version. Through their support and that of the many people mentioned above who offered their assistance, I received a welcome introduction to the supportive and collegial world of Law and Society scholarship. Joanna Hulce provided conscientious and much-needed research assistance. I acknowledge the assistance of the librarians and archivists at the Lyndon Baines Johnson Library, the Center for American History at the University of Texas, and the Ford Foundation. Time and space for the development of this piece were made possible by a fellowship from the Law and Society Program at the University of California–Santa Barbara. Over the seemingly endless period when this essay was in development, Suzanne Mitchell offered support and patience that made the final product possible.
Search for more papers by this authorThomas M. Hilbink,
Thomas M. Hilbink
Assistant professor, Department of Legal Studies, University of Massachusetts at Amherst. The author wishes to thank Catherine Albiston, Christine Harrington, Laura Hatcher, Michael McCann, Ron Pipkin, Austin Sarat, and Ann Southworth for their insightful comments and suggestions. This paper greatly benefited from the feedback provided by the community at the Center for the Study of Law and Society, where I presented an earlier version. Through their support and that of the many people mentioned above who offered their assistance, I received a welcome introduction to the supportive and collegial world of Law and Society scholarship. Joanna Hulce provided conscientious and much-needed research assistance. I acknowledge the assistance of the librarians and archivists at the Lyndon Baines Johnson Library, the Center for American History at the University of Texas, and the Ford Foundation. Time and space for the development of this piece were made possible by a fellowship from the Law and Society Program at the University of California–Santa Barbara. Over the seemingly endless period when this essay was in development, Suzanne Mitchell offered support and patience that made the final product possible.
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References
- Alfieri, Anthony 198788. The Antimonies of Poverty Law and a Theory of Dialogic Empowerment. New York University Review of Law and Social Change 16: 659–713.
- Alfieri, Anthony 1992. Disabled Clients, Disabling Lawyers. Hastings Law Journal 43: 769–851.
- American Civil Liberties Union (ACLU). 2003. About the ACLU. http://www.aclu.org/about/aboutmain/cfm.
- Auerbach, Jerold S. 1976. Unequal Justice: Lawyers and Social Change in Modern America. New York : Oxford University Press.
- Bamberger, E. Clinton. 1966a. Address to Dubai County Legal Aid Association, Jacksonville, Florida, 9 February. Records of the Office of Economic Opportunity (Records of OEO), Files of the Legal Services Program, Box 12, folder 3. Lyndon Baines Johnson Library, Austin, Texas.
- Bamberger, E. Clinton 1966b. Address to Lubbock County Bar Association, Lubbock, Texas, 4 February. In Records of OEO, Box 12, folder 3.
- Bedau, Hugo Adam 1969. Civil Disobedience: Theory and Practice. New York : Pegasus.
- Bell, Derrick A. Jr. 1976. Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation. Yak Law Journal 85: 470–516.
- Bisharat, George 1998. Attorneys for the People, Attorneys for the Land: The Emergence of Cause Lawyering in the Israeli-Occupied Territories. In Sarat and Scheingold 1998a, 453–86.
- Jonathan Black, ed. 1971. Radical Louvers. New York : Avon Books.
- Bloom, Anne 2001. Taking on Goliath: Why Personal Injury Litigation May Represent the Future of Transnational Cause Lawyering. In Sarat and Scheingold 2001a, 96–116.
- Boon, Andrew 2001. Cause Lawyers in a Cold Climate: The Impact(s) of Globalization on the United Kingdom. In Sarat and Scheingold 2001a, 143–85.
- Branch, Taylor 1988. Parting the Waters: America in the King Years, 1954–1963. New York : Simon and Schuster.
- Cahn, Edgar S., and Jean Camper Cahn 1964- The War on Poverty: A Civilian Perspective. Yale Law Journal 73: 1317–52.
-
Carle, Susan D.
2002. Race, Class, and Legal Ethics in the Early NAACP (1910–1920).
Law and History Review
20: 97–146.
10.2307/744156 Google Scholar
- Carlin, Jerome E. 1962. Lawyers on Their Own: A Study of Individual Practitioners in Chicago. New Brunswick , N.J. : Rutgers University Press.
- Center for Law in the Public Interest. 1976. Balancing the Scales of Justice: Financing Public Interest Law in America. Washington , D.C. : Council for Public Interest Law.
- Cloke, Kenneth 1971. Law Is Illegal. In Black 1971, 27–43.
- Coutin, Susan B. 2001. Cause Lawyering in the Shadow of the State: A U.S. Immigration Example. In Sarat and Scheingold 2001a, 117–40.
- Cunningham, Clark D. 1992. The Lawyer as Translator, Representation as Text: Towards an Ethnography of Legal Discourse. Cornell Law Review 77: 1233–387.
- Dallos, Robert E. 1968. NAACP Counsel and Staff Resign: Protest Failure to Reinstate Ousted Legal Associate. New York Times, 29 October, 43.
- Davis, Martha 1993. Brutal Need: Lawyers and the Welfare Rights Movement, 1960–1973. New Haven , Conn. : Yale University Press.
- Dezalay, Yves, and Bryant G. Garth 2001. Constructing Law Out of Power: Investing in Human Rights as an Alternative Strategy. In Sarat and Scheingold 2001a, 354–81.
- Dotan, Yoav 2001. The Global Language of Human Rights: Patterns of Cooperation between State and Civil Rights Lawyers in Israel. In Sarat and Scheingold 2001a, 244–63.
- Dugger, Celia W. 1999. Sri Lanka Peacemaker's High-Risk Life, and Death. New York Times, 24 August, 1.
- Duxbury, Neil 1995. Patterns of American Jurisprudence. New York : Oxford University Press.
- Ellmann, Stephen 1998. Cause Lawyering in the Third World. In Sarat and Scheingold 1998a, 349–430.
- Glater, Jonathan D. 2003. Lawyers Pressed to Give Up Ground on Client Secrets. New York Times, 11 August, 1.
- Gordon, Jennifer 1995. We Make the Road by Walking: Immigrant Workers, the Workplace Project, and the Struggle for Social Change. Harvard Civil Rights-Civil Liberties Law Review 30: 407–50.
- Grossberg, Michael 1998. The Politics of Professionalism: The Creation of Legal Aid and the Strains of Political Liberalism in America, 1900–1930. In Lawyers and the Rise of Western Political Liberalism, ed. Terence C. Halliday and Lucien Karpik, 305–47. New York : Oxford University Press.
- Hajjar, Lisa 2001. From the Fight for Legal Rights to the Promotion of Human Rights: Israeli and Palestinian Cause Lawyers in the Trenches of Globalization. In Sarat and Scheingold 2001a, 68–95.
- Halliday, Terence C. 1999. Politics and Civic Professionalism: Legal Elites and Cause Lawyers. Law & Social Inquiry 24: 1013–60.
- Halpern, Charles 1974. Public Interest Law: Its Past and Future. Judicature 58(3): 118–27.
- Halpern, Charles 2003. Interviewed by author. Tape recording. 17–18 April. Berkeley , California .
- Halpern, Charles R., and John M. Cunningham 1971. Reflections on the New Public Interest Practice: Theory and Practice at the Center for Law and Social Policy. Georgetown Law Journal 59: 1095–126.
- Harrington, Christine B. 1995. Outlining a Theory of Legal Practice. In Lawyers in a Postmodern World, ed. Maureen Cain and Christine B. Harrington, 49–69. New York : New York University Press.
- Harris, Paul 1971. You Don't Have to Love the Law to be a Lawyer. Radical Lawyers. In Black 1971, 84–89.
- Hatcher, Laura Forthcoming. Economic Libertarians, Property, and Institutions: Linking Activism, Ideas, and Identities Among Propetty Rights Advocates. In The Worlds Cause Lawyers Make, ed. Austin Satat and Stuart Scheingold. Palo Alto , Calif. : Stanford University Press.
- Heinz, John, and Edward Laumann 1982. Chicago Lawyers: The Social Structure of the Bar. New York: Russell Sage Foundation; Chicago : American Bar Foundation.
- Heinz, John, Anthony Paik, and Ann Southworth 2003. Lawyers for Conservative Causes: Clients, Ideology, and Social Distance. Law and Society Review 37: 5–50.
- Hilbink, Thomas M. 1993. Filling the Void: The Lawyers Constitutional Defense Committee and the 1964 Freedom Summer. Undergraduate thesis. Department of History, Columbia University, New York
- Hilbink, Thomas M. 2002. Defining Cause Lawyering: NAACP v. Button and the Struggle Over Professional Ideology. Studies in Law, Politics, and Society 26: 77–107.
- Houck, Oliver A. 1984. With Charity for All. Yale Law Journal 93: 1415–563.
- James, Marlise 1973. The People's Lawyers. New York : Holt, Rinehart, and Winston.
- Johnson, Earl J. Jr. 1974. Justice and Reform: The Formative Years of the OEO Legal Services Program. New York : Russell Sage Foundation.
- Kalman, Laura 1996. The Strange Career of Legal Liberalism. New Haven , Conn. : Yale University Press.
-
Katz, Jack
1982. Poor People's Lawyers in Transition.
New Brunswick
,
N.J.
: Rutgers University Press.
10.36019/9781978817111 Google Scholar
- Kilwein, John 1998. Still Trying: Cause Lawyering for the Poor and Disadvantaged in Pittsburgh, Pennsylvania. In Sarat and Scheingold 1998a, 181–200.
- King, Martin L. Jr. 1969. Letter from Birmingham City Jail. In Bedau 1969, 72–89.
- Klug, Heinz 2001. Legal Advocacy, Global Engagement: The Impact of Land Claims Advocacy on the Recognition of Property Rights in the South African Constitution. In Sarat and Scheingold 2001a, 264–86.
- Kunstler, William M. 1971. Open Resistance: In Defense of the Movement. In Lefcourt 1971, 267–75.
- Langum, David J. 1999. William M. Kunstler: The Most Hated Lawyer in America. New York : New York University Press.
- Larson, Edward J. 1997. Summer for the Gods: The Scopes Trial and America's Continuing Debate over Science and Religion. New York : Basic Books.
- Lazarus, Simon 1974. The Genteel Populists. New York : Holt, Rinehart, and Winston.
- Lawyers' Committee for Civil Rights Under Law (LCCRUL). 196970. Make the System Work for Everyone. Washington , D.C. : Lawyers' Committee for Civil Rights Under Law.
- Lawyers' Committee for Civil Rights Under Law (LCCRUL). 1973. Ten Year Report. Washington, D.C.: Lawyers Committee for Civil Rights under Law.
- Lefcourt, Robert 1971. The First Law Commune. In Lefcourt 1971, 310–26. ed. 1971. Law Against the People: Essays to Demystify Law, Order, and the Courts. New York : Vintage Books.
- Lev, Daniel 1998. Lawyers' Causes in Indonesia and Malaysia. In Sarat and Scheingold 1998a, 431–52.
- Lewis, Neil A. 2001. White House Ends Bar Association's Role in Screening Federal Judges. New York Times, 23 March, A13.
- López, Gerald P. 1992. Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice. Boulder , Colo. : Westview Press.
- López, Gerald P. 1996. An Aversion to Clients: Loving Humanity and Hating Human Beings. Harvard Civil Rights-Civil Liberties Law Review 31: 315–24.
- Mayer, J. 2003. Lost in the Jihad: Why Did the Government's Case Against John Walker Lindh Collapse New Yorker, 10 March, 50–59.
- McCann, Michael W. 1986. Taking Reform Seriously: Perspectives on Public Interest Liberalism. Ithaca , N.Y. : Cornell University Press.
- McCann, Michael W., and Helena Silverstein 1998. Rethinking Law's “Allurements”: A Relational Analysis of Social Movement Lawyers in the United States. In Sarat and Scheingold 1998a, 261–92.
- Meili, Stephen 1998. Cause Lawyers and Social Movements: A Comparative Perspective on Democratic Change in Argentina and Brazil. In Sarat and Scheingold 1998a, 487–522.
- Meili, Stephen 2001. Latin American Cause-Lawyering Networks. In Sarat and Scheingold 2001a, 307–33.
- Menkel-Meadow, Carrie 1998. The Causes of Cause Lawyering: Toward an Understanding of the Motivation and Commitment of Social Justice Lawyers. In Sarat and Scheingold 1998a, 31–68.
- Michalowski, Raymond 1998. All or Nothing: An Inquiry into the (Im)Possibility of Cause Lawyering under Cuban Socialism. In Sarat and Scheingold 1998a, 523–45.
- Morag-Levine, Noga 2001. The Politics of Imported Rights: Transplantation and Transformation in an Israeli Environmental Cause-Lawyering Organization. In Sarat and Scheingold 2001a, 334–53.
- Open Society Institute. 2003. Freedom Is an Endless Meeting: Democracy in American Social Movements. New York : Open Society Institute.
- Packer, George 2002. Left Behind. New York Times Magazine, 22 September, 42–47.
- Parsons, Talcott 1954- A Sociologist Looks at the Legal Profession. Essays in Sociological Theory. Glencoe , Ill. : Free Press.
- Polikoff, Nancy D. 1996. Am I My Client? The Role Confusion of a Lawyer Activist. Harvard Civil Rights-Civil Liberties Law Review 31: 443–72.
- Porter, Aaron 1998. Norris, Schmidt, Green, Harris, Higginbotham, and Associates: The Sociolegal Import of Philadelphia Cause Lawyers. In Sarat and Scheingold 1998a, 151–80.
- Powe, L. A. 2000. The Warren Court and American Politics. Cambridge , Mass. : Belknap Press of Harvard University Press.
- Rabin, Robert L. 1976. Lawyers for Social Change: Perspectives on Public Interest Law. Stanford Law Review 28: 207–61.
- Rosenthal, Douglas E. 1974. Lawyer and Client: Who's in Charge? New Brunswick , N.J. : Transaction Books.
- Rubenstein, William B. 1997. Divided We Litigate: Addressing Disputes among Group Members and Lawyers in Civil Rights Campaigns. Yale Law Journal 106: 1623–81.
- Sarat, Austin 1998. Between (the Presence of) Violence and (the Possibility of) Justice: Lawyering against Capital Punishment. In Sarat and Scheingold 1998a, 317–46.
- Sarat, Austin 2001. State Transformation and the Struggle for Symbolic Capital. In Sarat and Scheingold 2001a, 186–210.
- Sarat, Austin 2003. Telephone interview with author, 28 May.
- Sarat, Austin, and Stuart Scheingold 1998b. Cause Lawyering and the Reproduction of Professional Authority: An Introduction. In Sarat and Scheingold 1998a, 3–28.
- Sarat, Austin, and Stuart Scheingold 2001b. State Transformation, Globalization, and the Possibilities of Cause Lawyering: An Introduction. In Sarat and Scheingold 2001a, 3–31.
- Austin Sarat, and Stuart Scheingold, eds. 1998a. Cause Lawyering : Political Commitments and Professional Responsibilities. New York : Oxford University Press.
-
Austin Sarat, and
Stuart Scheingold, eds.
2001a. Cause Lawyering and the State in a Global Era.
New York
: Oxford University Press.
10.1093/0195141172.001.0001 Google Scholar
- Scheingold, Stuart 1974. The Politics of Rights: Lawyers, Public Policy, and Political Change. New Haven , Conn. : Yale University Press.
- Scheingold, Stuart 1998. The Struggle to Politicize Legal Practice. In Sarat and Scheingold 1998a, 118–48.
- Scheingold, Stuart 2001. Cause Lawyering and Democracy in Transnational Perspective. In Sarat and Scheingold 2001a, 382–405.
- Seron, Carroll 1996. The Business of Practicing Law. Philadelphia : Temple University Press.
- Shamir, Ronen 1995. Managing Legal Uncertainty: Elite Lawyers in the New Deal. Durham , N.C. : Duke University Press.
- Shamir, Ronen, and Sara Chinski 1998. Destruction of Houses and Construction of a Cause: Lawyers and Bedouins in the Israeli Courts. In Sarat and Scheingold 1998a, 227–57.
- Shamir, Ronen, and Nita Ziv 2001. State-Oriented and Community-Oriented Lawyering for a Cause: A Tale of Two Strategies. In Sarat and Scheingold 2001a, 287–304.
- Shklar, Judith N. 1964. Legalism. Cambridge , Mass. : Harvard University Press.
- Smith, Reginald Heber 1919. Justice and the Poor. New York : Scribner's.
- Southworth, Ann 1999. Collective Representation for the Disadvantaged: Variations in Problems of Accountability. Fordham Law Review 67: 2449–73.
- Spillenger, Clyde 1996. Elusive Advocate: Reconsidering Brandeis as People's Lawyer. Yale Law Journal 106: 1445–535.
- Sterett, Susan 1998. Caring about Individual Cases: Immigration Lawyering in Britain. In Sarat and Scheingold 1998a, 293–316.
-
Stone, Christopher D.
1974. Should Trees Have Standing? Toward Legal Rights for Natural Objects.
Los Altos
,
Calif.
: W. Kaufmann.
10.2307/1228012 Google Scholar
- Three Days of the Condor. 1975. DVD. Directed by Sydney Pollack. Produced by Dino DeLaurentis. Paramount Pictures, Los Angeles.
- Trubek, Louise, and M. Elizabeth Kransberger 1998. Critical Lawyers: Social Justice and the Structures of Private Practice. In Sarat and Scheingold 1998a, 201–26.
-
Tushnet, Mark V.
1987. The NAACP's Legal Strategy Against Segregated Education, 1925–1950.
Chapel Hill
: University of North Carolina Press.
10.5149/uncp/9780807855959 Google Scholar
- Tushnet, Mark V. 1994. Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936–1961. New York : Oxford University Press.
- Tweed, Harrison, Bernard G. Segal, and Herbert L. Packer 1971. Civil Rights and Disobedience to Law. In Bedau 1971, 90–97.
- Walker, Samuel 1990. In Defense of American Liberties: A History of the ACLU. Carbondale : Southern Illinois University Press.
- White, Lucie 1990. Subordination, Rhetorical Survival Skills, and Sunday Shoes: Notes on the Hearing of Mrs. G. Buffalo Law Review 38: 1–58.
- White, Lucie 2001. Two Worlds of Ghanaian Cause Lawyers. In Sarat and Scheingold 2001a, 35–67.
-
Wilkins, David B.
2002. Class Not Race in Legal Ethics; or Why Hierarchy Makes Strange Bedfellows.
Law and History Review
20: 147–51.
10.2307/744157 Google Scholar
- Williams, Juan 1998. Thurgood Marshall: American Revolutionary. New York : Times Books.
- Ziv, Nita 2001. Cause Lawyers, Clients, and the State: Congress as a Forum for Cause Lawyering during the Enactment of the Americans with Disabilities Act. In Sarat and Scheingold 2001a, 211–43.
