Success Without Victory: Lost Legal Battles and the Long Road to Justice in America (Critical America (New York University Paperback))

Winners and losers. Success and failure. Victory and defeat. American culture places an extremely high premium on success, and firmly equates it with winning. In politics, sports, business, and the courtroom, we have a passion to win and are terrified of losing. Instead of viewing success and failure through such a rigid lens, Jules Lobel suggests that we move past the winner-take-all model and learn valuable lessons from legal and political activists who have advocated causes destined to lose in court but have had important, progressive long term effects on American society. He leads us through dramatic battles in American legal history, describing attempts by abolitionist lawyers to free fugitive slaves through the courts, Susan B. Anthony's trial for voting illegally, the post-Civil War challenges to segregation that resulted in the courts' affirmation of the separate but equal doctrine in Plessy v. Ferguson, and Lobel's own challenges to United States foreign policy during the 1980s and 1990s. Success Without Victory explores the political, social, and psychological contexts behind the cases themselves, as well as the eras from which they originated and the eras they subsequently influenced. Introduction : losers, fools, and prophets Can law stop war? The constitution and Iraq A tradition of resistance : anti-slavery litigators and the fight for freedom "A fine agitation" : women's suffrage goes to court Plessy v. Ferguson : the fool's last battle Plant closing litigation : "Youngstown sure died hard" Politics versus law : were travelers to Cuba trading with the enemy? Challenging United States intervention in Central America End of an era : fighting U.S. action in Kosovo. ON A BRIGHT, sunny November morning in 1990, my fellow lawyer Michael Ratner and I stood on the steps of the Federal District Courthouse in Washington, D.C., listening to members of Congress explain why they were suing the president of the United States to prevent him from going to war against Iraq. An examination of how some legal issues are losing cases - but that's okay because advances are still possible.