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The Worlds Cause Lawyers Make examines the connections between lawyers and causes, the settings in which cause lawyers practice, and the ways they marshal social capital and make strategic decisions.
This edited collection examines the changing role of the legal profession as experts in the context of European Union policy-making. Drawing on theoretical and empirical research and the idea of law as a social and political practice, this socio-legal work brings together a group of legal scholars and political scientists to investigate how lawyers, through the deployment of their expertise and knowledge, act as experts in matters of EU related policy-making at the national, European and international levels. It provides new theoretical viewpoints and untold stories from legal experts themselves, promotes an evolving definition of what constitutes legal expertise and what shapes legal experts in a time when experts are in equal measure both revered and ignored, and introduces new critical voices in the field of EU socio-legal studies.
Cause Lawyers and Social Movements seeks to reorient scholarship on cause lawyers, inviting scholars to think about cause lawyering from the perspective of those political activists with whom cause lawyers work and whom they seek to serve. It demonstrates that while all cause lawyering cuts against the grain of conventional understandings of legal practice and professionalism, social movement lawyering poses distinctively thorny problems. The editors and authors of this volume explore the following questions: What do cause lawyers do for, and to, social movements? How, when, and why do social movements turn to and use lawyers and legal strategies? Does their use of lawyers and legal strategies advance or constrain the achievement of their goals? And, how do movements shape the lawyers who serve them and how do lawyers shape the movements?
Each year, a number of youth who migrate alone and clandestinely from China to the United States are apprehended, placed in removal proceedings, and designated as unaccompanied minors. These young migrants represent only a fraction of all unaccompanied minors in the US, yet they are in many ways depicted as a preeminent professional and moral cause by immigration advocates. In and beyond the legal realm, the figure of the "vulnerable Chinese child" powerfully legitimates legal claims and attorneys' efforts. At the same time, the transnational ambitions and obligations of Chinese youth implicitly unsettle this figure. The maneuvers of these youth not only belie attorneys' reliance on racialized discourses of childhood and the Chinese family, but they also reveal more broad uncertainties around legal frameworks, institutional practices, health and labor rights—and cause lawyering itself. Based on three years of fieldwork across the United States, Lawyering an Uncertain Cause is a novel study of the complex and often contradictory rights, responsibilities, and expectations that motivate global youth and the American attorneys who work on their behalf.
In the middle of the twentieth century, governments ignored the negative effects of large-scale infrastructure projects. In recent decades, many democratic countries have continued to use dams to promote growth, but have also introduced accompanying programs to alleviate these harmful consequences of dams for local people, to reduce poverty, and to promote participatory governance. This type of dam building undoubtedly represents a step forward in responsible governing. But have these policies really worked? Flooded provides insights into the little-known effects of these approaches through a close examination of Brazil’s Belo Monte hydroelectric facility. After three decades of controversy over damming the Xingu River, a tributary of the Amazon, the dam was completed in 2019 under the left-of-center Workers’ Party, becoming the world’s fourth largest. Billions of dollars for social welfare programs accompanied construction. Nonetheless, the dam brought extensive social, political, and environmental upheaval to the region. The population soared, cost of living skyrocketed, violence spiked, pollution increased, and already overextended education and healthcare systems were strained. Nearly 40,000 people were displaced and ecosystems were significantly disrupted. Klein tells the stories of dam-affected communities, including activists, social movements, non-governmental organizations, and public defenders and public prosecutors. He details how these groups, as well as government officials and representatives from private companies, negotiated the upheaval through protests, participating in public forums for deliberation, using legal mechanisms to push for protections for the most vulnerable, and engaging in myriad other civic spaces. Flooded provides a rich ethnographic account of democracy and development in the making. In the midst of today’s climate crisis, this book showcases the challenges and opportunities of meeting increasing demands for energy in equitable ways.
The study of cause lawyering has grown dramatically and is now an important field of research in socio-legal studies and in research on the legal profession. The Worlds Cause Lawyers Make: Structure and Agency in Legal Practice adds to that growing body of research by examining the connections between lawyers and causes, the settings in which cause lawyers practice, and the ways they marshal social capital and make strategic decisions. The book describes the constraints to cause lawyering and the particulars that shape what cause lawyers do and what cause lawyering can be, while also focusing on the dynamic interactions of cause lawyers and the legal, professional, and political contexts in which they operate. It presents a constructivist view of cause lawyering, analyzing what cause lawyers do in their day-to-day work, how they do it, and what difference their work makes. Taken together, the essays collected in this volume show how cause lawyers construct their legal and professional contexts and also how those contexts constrain their professional lives.
Studies what lawyers do in challenging contexts of conflict, authoritarianism, and the transition from violence.
This volume addresses several core questions regarding the nature of law in China and its future development. In particular, these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch, China has established a comprehensive legal system that boasts a constitution, primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet, as these articles discuss, its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights, ensuring that the law is subordinate to national public policy goals. Legal and extra-legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately, the question is therefore whether China's legal system, if eschewing formalised human rights, is developing a capacity to protect fundamental human dignity.
This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.
This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together with the striking transformation of the world order as a result of the fall of the Soviet bloc, neo-liberalism, globalisation, the financialisation of capitalism, technological innovations, and the changing demography of lawyers, these developments underscored the need for a new, comparative exploration of the legal professional field. This volume deepens the insights in volume 1, with chapters on legal professions in Africa, Latin America, the Islamic world, emerging economies, and former communist regimes. It also addresses theoretical questions, including the sociology of lawyers and other professions (medicine, accountancy), state production, the rule of law, regional bodies, large law firms, access to justice, technology, casualisation, cause lawyering, diversity (gender, race, and masculinity), corruption, ethics regulation, and legal education. Together with volume 1, it will inform and challenge conceptions of the contemporary profession, and stimulate and support further research.