History 397JL - ST- Social Justice Lawyering

Spring
2018
01
3.00
Jennifer Nye
TH 2:30PM 5:00PM
UMass Amherst
60939
From fighting Jim Crow segregation to challenging the recent Muslim travel ban, judicial review has historically been used as a strategy to reign-in executive and legislative over-reach and protect Constitutional rights. This course will examine how lawyers, social movements, and everyday people have used litigation to advocate for social justice in the United States. Through reading in-depth studies of important civil and criminal cases, we will explore such questions as: What is the history of social justice lawyering in the United States and how, why and when have social movements turned to litigation to advance their causes? What are the pros and cons of using litigation to achieve social justice, versus other tools like direct action, lobbying for political change, and community organizing? How effective is litigation in achieving the goals originally envisioned by lawyers, activists, and litigants? How have lawyers constrained or expanded the vision of social justice movements? What dilemmas do lawyers?who are ethically bound to zealously advocate for the interests of individual clients?face when they are additionally interested in advancing "a cause"? Cases explored may include issues such as civil rights, women's rights, free speech, LGBT/Queer rights, disability rights, environmental justice, criminal justice, poverty and people's lawyering, immigration rights, and the rise of conservative social movement lawyering. Prior law-related coursework helpful, but not required.
Open to Seniors, Juniors & Sophomores only.
Permission is required for interchange registration during the add/drop period only.