Law and Social Movements (The International Library of Essays in Law and Society)

The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to group ’legal mobilization’ politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research in ’cause lawyering’. It brings together the best of this research introduced by a detailed essay by the editor. Contents Acknowledgements Series Preface Introduction PART I: ANALYTICAL FRAMEWORKS AND METHODOLOGICAL PRINCIPLES 1 Michael W. McCann (1991), ‘Legal Mobilization and Social Reform Movements: Notes on Theory and Its Application’ 2 Gerald N. Rosenberg (1996), ‘Positivism, Interpretivism, and the Study of Law’ 3 Michael McCann (1996), ‘Causal Versus Constitutive Explanations (or, On the Difficulty of Being so Positive ... )’ PART II: LEGAL FRAMING AND CLAIMING BY SOCIAL MOVEMENTS 4 John Brigham (1988), ‘Right, Rage, and Remedy: Forms of Law in Political Discourse’ 5 Francesca Polletta (2000), ‘The Structural Context of Novel Rights Claims: Southern Civil Rights Organizing, 1961-1966’ 6 Lisa Hajjar (2001), ‘Human Rights in Israel/Palestine: The History and Politics of a Movement’ 7 Jayanth K. Krishnan and Kevin R. den Dulk (2001), ‘So Help Me God: A Comparative Study of Religious Interest Group Litigation’ 8 Katharina C. Heyer (2002), ‘The ADA on the Road: Disability Rights in Germany’ 9 Jonathan Goldberg-Hiller and Neal Milner (2003), ‘Rights as Excess: Understanding the Politics of Special Rights’ PART III: LEGAL LEVERAGING POWER: CONTESTATION, CONTAINMENT, COOPTATION 10 Austin T. Turk (1976), ‘Law as a Weapon in Social Conflict’ 11 Paul Burstein (1991), 'Legal Mobilization as a Social Movement Tactic: The Struggle for Equal Employment Opportunity 12 Susan M. Olson (1995), ‘Comparing Women’s Rights Litigation in The Netherlands and the United States’ 13 Robert L. Kidder and Setsuo Miyazawa (1993), ‘Long-Term Strategies in Japanese Environmental Litigation’ 14 Ki-young Shin (2004), ‘Fufubessei Movement in Japan: Thinking about Women’s Resistance and Subjectivity’ 15 Michael R. Anderson (1987), ‘Law and the Protection of Cultural Communities: The Case of Native American Fishing Rights’ 16 Steven E. Barkan (1984), ‘Legal Control of the Southern Civil Rights Movement’ 17 Cary Coglianese (2001), ‘Social Movements, Law, and Society: The Institutionalization of the Environmental Movement’ PART IV: LAW, CHANGE AND HEGEMONY: ASSESSING LEGAL MOBILIZATION POLITICS 18 Alan Hunt (1990), ‘Rights and Social Movements: Counter-Hegemonic Strategies’ 19 Kimberle Williams Crenshaw (1988), ‘Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law’ 20 Susan B. Boyd (1999), ‘Family, Law and Sexuality: Feminist Engagements’ 21 Joel F. Handler (1993), 'Postmodernism, Protest, and the New Social Movements’ 22 Balakrishnan Rajagopal (2003), ‘International Law and Social Movements: Challenges of Theorizing Resistance’ Name Index Legal Mobilization And Social Reform Movements : Notes On Theory And Its Application / Michael W. Mccann -- Positivism, Interpretivism, And The Study Of Law / Gerald N. Rosenberg --causal Versus Constitutive Explanations (or, On The Difficulty Of Being So Positive ...) / Michael Mccann -- Right, Rage, And Remedy Forms Of Law In Political Discourse / John Brigham -- The Structural Context Of Novel Rights Claims : Southern Civil Rights Organizing, 1961-1966 / Francesca Polletta -- Human Rights In Israel/palestine : The History And Politics Of A Movement / Lisa Hajjar -- So Help Me God : A Comparative Study Of Religious Interest Group Litigation / Jayanth K. Krishnan And Kevin R. Den Dulk -- The Ada On The Road : Disability Rights In Germany / Katharina C. Heyer -- Rights As Excess : Understanding The Politics Of Special Rights / Jonathan Golberg-hiller And Neal Milner -- Law As A Weapon In Social Conflict / Austin T. Turk. Legal Mobilization As A Social Movement Tactic : The Struggle For Equal Employment Opportunity / Paul Burstein -- Comparing Women's Rights Litigation In The Netherlands And The United States / Susan M. Olson -- Long-term Strategies In Japanese Environmental Litigation / Robert L. Kidder And Setsuo Miyazawa -- Fufubessei Movement In Japan : Thinking About Women's Resistance And Subjectivity / Ki-young Shin -- Law And The Protection Of Cultural Communities : The Case Of Native American Fishing Rights / Michael R. Anderson -- Legal Control Of The Southern Civil Rights Movement / Steven E. Barkan -- Social Movements, Law, And Society : The Institutionalization Of The Environmental Movement / Cary Coglianese -- Rights And Social Movements : Counter-hegemonic Strategies / Alan Hunt -- Race, Reform, And Retrenchment : Transformation And Legitimation In Antidiscrimination Law / Kimberlé Williams Crenshaw --family, Law And Sexuality : Feminist Engagements / Susan B. Boyd. Postmodernism, Protest, And The New Social Movements / Joel F. Handler -- International Law And Social Movements : Challenges Of Theorizing Resistance / Balakrishnan Rajagopal. Edited By Michael Mccann. Includes Bibliographical References And Index. Legal Mobilization and Social Reform Movements: Notes on Theory and Its Application, by Michael McCann Positivism, Interpretivism, and the Study of Law, by Gerald N. Rosenberg Causal Versus Constitutive Explanations (Or, On the Difficulty of Being So Positive ...), by Michael McCann Right, Rage, and Remedy Forms of Law in Political Discourse, by John Brigham The Structural Context of Novel Rights Claims: Southern Civil Rights Organizing, 1961-1966, by Francesca Polletta Human Rights in Israel / Palestine: The History and Politics of a Movement, by Lisa Hajjar So Help Me God: A Comparative Study of Religious Interest Group Litigation, by Jayanth K. Krishnan and Kevin R. den Dulk The ADA on the Road: Disability Rights in Germany, by Katharina C. Heyer Rights as Excess: Understanding the Politics of Special Rights, by Jonathan Golberg-Hiller and Neal Milner Law as a Weapon in Social Conflict, by Austin T. Turk Legal Mobilization as a Social Movement Tactic: The Struggle for Equal Employment Opportunity, by Paul Burstein Comparing Women's Rights Litigation in the Netherlands and the United States, by Susan M. Olson Long-Term Strategies in Japanese Environmental Litigation, by Robert L. Kidder and Setsuo Miyazawa Fufubessei Movement in Japan: Thinking about Women's Resistance and Subjectivity, by Ki-Young Shin Law and the Protection of Cultural Communities: The Case of Native American Fishing Rights, by Michael R. Anderson Legal Control of the Southern Civil Rights Movement, by Steven E. Barkan Social Movements, Law, and Society: The Institutionalization of the Environmental Movement, by Cary Coglianese Rights and Social Movements: Counter-Hegemonicstrategies, by Alan Hunt Race, Reform, and Retrenchment: Transformationand Legitimation in Antidiscrimination Law, by Kimberle Williams Crenshaw Family, Law and Sexuality: Feminist Engagements, by Susan B. Boyd Postmodernism, Protest, and the New Social Movements, by Joel F. Handler International Law and Social Movements: Challenges of Theorizing Resistance, by Balakrishnan Rajagopal