History 378J - Social Justice Lawyering

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.

Open to Seniors, Juniors & Sophomores only. Audre Lorde famously said that ?the master?s tools will never dismantle the master?s house,? and yet social justice movements and marginalized people continue to turn to the law to advance their social justice goals. From fighting Jim Crow segregation to challenging the Muslim travel ban and the separation of refuge children at the border, litigation and judicial review have 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. Students will also be provided an opportunity to attend the Rebellious Lawyering Conference at Yale Law School, the largest student run public interest law conference in the country. https://reblaw.yale.edu/

[History 378J is a is a law related liberal arts course for the Legal Studies major.]