Reform Litigation on Trial

McCann, Michael W.

doi:10.1086/492404

Cited by 29 publications

(50 citation statements)

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“…It may have mobilized social movement protests against Jim Crow in the 1960s (Polletta, 2000). It may have empowered federal judges in the south, who had lifetime appointments, to rule for the plaintiffs in future cases (Klarman, 1994;McCann, 1993).…”

Section: Direct Vs Indirect Effectsmentioning

confidence: 99%

“…Empirical research soon demonstrated that mobilization was the exception, not the rule (Miller and Sarat, 1981). From the myth of rights perspective, rights litigation undermines collective action by atomizing collective grievances into individual problems and narrowing grievances to only legally actionable claims (McCann, 1986;Scheingold, 1974). Empirical research suggests that litigation fails to produce lasting social change because courts lack institutional authority to implement radical reforms (Rosenberg, 1991), legal victories can be evaded or dismantled without a sustained movement toward reform (Handler, 1978), and powerful opponents retain strategic advantages even within a formally neutral legal system (Galanter, 1974;Albiston, 1999).…”

Section: The Rights Debatementioning

confidence: 99%

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Law as an Instrument of Social Change

Albiston

Leachman²

2015

International Encyclopedia of the Social &Amp; Behavioral Sciences

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Section: Direct Vs Indirect Effectsmentioning

confidence: 99%

Section: The Rights Debatementioning

confidence: 99%

Law as an Instrument of Social Change

Albiston

Leachman²

2015

International Encyclopedia of the Social &Amp; Behavioral Sciences

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“…The work of McCann is particularly relevant to a consideration of the impact of public health litigation (52,53). McCann believes that Rosenberg has focused too heavily on the impact of judicial decisions themselves rather than on the multidimensional process of litigation.…”

Section: The Literaturementioning

confidence: 99%

“…McCann believes that Rosenberg has focused too heavily on the impact of judicial decisions themselves rather than on the multidimensional process of litigation. From McCann's perspective, the focus must be not simply on court decisions and their direct impact but also on the litigation process, which may have a constitutive impact and "reshape perceptions of when and how particular values are realistically actionable" (52).…”

Section: The Literaturementioning

confidence: 99%

“…On the contrary, in a variety of ways litigation may serve as part of that process (41,(50)(51)(52). In some situations the possibility of civil lawsuits that threaten to cost the industry more than it would lose through regulation may prompt industry to support legislation that both regulates and immunizes it.…”

Section: Public Health Litigation and Democratic Theorymentioning

confidence: 99%

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The New Public Health Litigation

Parmet

Daynard²

2000

Annu. Rev. Public Health

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▪ Abstract In recent years there has been an increasing use of litigation as a public health tool. Litigation has been brought to advance policies concerning such matters as tobacco, gun violence, and lead paint. This article discusses this development and the criticism that can be leveled at using litigation to develop public health policy. The article concludes that, although litigation may not always be successful, it can deter dangerous activities and play an important role in advancing the political and social struggle for public health.

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Transformative Illegality: How Condoms ‘Became Legal’ in Ireland, 1991–1993

Enright

Cloatre

2018

Fem Leg Stud

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This paper examines Irish campaigns for condom access in the early 1990s. Against the backdrop of the AIDS crisis, activists campaigned against a law which would not allow condoms to be sold from ordinary commercial spaces or vending machines, and restricted sale to young people. Advancing a conception of 'transformative illegality', we show that illegal action was fundamental to the eventual legalisation of commercial condom sale. However, rather than foregrounding illegal condom sale as a mode of spectacular direct action, we show that tactics of illegal sale in the 1990s built on 20 years of everyday illegal sale within the Irish family planning movement. Everyday illegal sale was a long-term world-making practice, which gradually transformed condoms' legal meanings, eventually enabling new forms of provocative and irreverent protest. Condoms 'became legal' when the state recognised modes of condom sale, gradually built up over many years and publicised in direct action and in the courts.

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Reform Litigation on Trial

Cited by 29 publications

References 0 publications

Law as an Instrument of Social Change

Law as an Instrument of Social Change

The New Public Health Litigation

Transformative Illegality: How Condoms ‘Became Legal’ in Ireland, 1991–1993

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