A Movement in the Wake of a New Law: The United Farm Workers and the California Agricultural Labor Relations Act

Gordon, Jennifer

doi:10.2139/ssrn.733424

Cited by 1 publication

(4 citation statements)

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“…The point is that “you could work on policy” but while “it is true litigation can take a while”, organizations can end up “with a lot of wins” with litigation as opposed to investing significant resources in legislation that is unlikely to succeed. This, and other comments directly below, speak to the debate over policy reform versus court‐centric strategies, and they suggest litigation and policy have similar disadvantages (Gordon, 2006).…”

Section: How and When Lawyers Deploy Policymentioning

confidence: 91%

“…Early scholarship on cause lawyering focused “much more on litigation than on legislation in relation to movements” (Gordon, 2006), with important exceptions (McCann, 1994). We see this in some of the field's canonical works (Rosenberg, 2008; Scheingold, 1974) and in literature reviews (McCann, 2006).…”

Section: How Policy Work Influences Autonomy and Agendasmentioning

confidence: 99%

“…These challenges include the potential for backlash, the availability of resources, and compromises on reform that are a result of collaboration with multiple stakeholders. Gordon (2006) found that legislative victories for the United Farm Workers were just as vulnerable to subversion as judicial victories. These kinds of victories were also vulnerable to backlash (Gordon, 2006, p. 277).…”

Section: How Policy Work Influences Autonomy and Agendasmentioning

confidence: 99%

“…Gordon (2006) found that legislative victories for the United Farm Workers were just as vulnerable to subversion as judicial victories. These kinds of victories were also vulnerable to backlash (Gordon, 2006, p. 277). Others have found that legislative victories can result in implementation problems including delays in compliance (Stewart, 1975).…”

Section: How Policy Work Influences Autonomy and Agendasmentioning

confidence: 99%

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Beyond litigation: Policy work within cause lawyering organizations

Trowbridge

2022

Law Soc Rev

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This article investigates why cause lawyering organizations choose policy work and how policy agendas are set. Interviews and documents from eight legal organizations in the LGBTQ movement reveal that policy work expands the scope of conflict, giving organizations not only more opportunities to act, but potentially providing greater autonomy to lawyers by allowing them to build their own opportunities. Furthermore, policy agendas are not simply tied to litigation and resources. Organizations balance perceptions of opportunity and need with resource availability. These perceptions are often informed by collaborations with state and local organizations, facilitating communication between groups, organizers, and activists at different vantage points. Thus, the nature of a legal organization's multidimensional strategy, which expands opportunities to reach their goals, may be shaping what those goals are. These findings contribute to our understanding of cause lawyering tactics and agendas.

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Section: How and When Lawyers Deploy Policymentioning

confidence: 91%

Section: How Policy Work Influences Autonomy and Agendasmentioning

confidence: 99%