영문목차

PREFACE TO SECOND EDITION=iii

PREFACE TO FIRST EDITION=vii

COPYRIGHT ACKNOWLEDGMENTS AND REPRINT PERMISSIONS=ix

TABLE OF CASES=xli

TABLE OF AUTHORITIES=xlv

INTRODUCTION=1

PART 1. A SYSTEM OF LAWYERS : THE LEGAL PROFESSION AND WORK FOR SOCIAL JUSTICE=7

Chapter 1. Entering the Profession : Ideals and Obstacles=10

Sec.1. Aspirations : Why Did You Choose Law School?=11

Lift Every Voice : Turning a Civil Rights Setback into a New Vision of Social Justice / Lani Guinier=11

Unequal Justice : Lawyers and Social Change in Modern America / Jerold S. Auerbach=11

[On The] Road Back In : Community Lawyering in Indigenous Communities / Christine Zuni Cruz=12

The Messages of Legal Education in Looking at Law School / Sylvia A. Law=12

Sec.2. Legal Education and Its Impact on Ideals=17

Why Not a Clinical Lawyer-School? / Jerome Frank=20

Sec.3. Debt and Social Justice Ideals : Financing Legal Education and Ensuring a Representative Bar=28

A. The Impact of Debt on Ideals and Career Choices=29

B. Debt and Diversity in the Legal Profession=34

C. Assistance With Loan Repayment―New Possibilities=36

Sec.4. Envisioning Social Justice Lawyering=39

The Work We Know So Little About / Gerald P. López=39

A Call to Context : The Professional Challenges of Cause Lawyering at the Intersection of Race, Space, and Poverty / John O. Calmore=48

Justice and the Politics of Difference / Iris Marion Young=55

Chapter 2. The Legal Profession, Legal Services, and Access to Justice=63

Sec.1. Law in Whose Interest? The Need for Lawyers and Legal Services=63

A. Access to Justice : The Gap Between Needs and Services=64

Access to Justice / Deborah L. Rhode=64

Big Lies and Small Steps : A Critique of Deborah Rhode's Too Much Law, Too Little Justice : Too Much Rhetoric, Too Little Reform / Richard Abel=81

B. The Movement for a Civil Gideon=87

On the Road to Civil Gideon : Five Lessons From the Enactment of a Right to Counsel for Indigent Homeowners in Federal Civil Forfeiture Proceedings / Louis S. Rulli=87

Sec.2. Litigation and Inequality=97

Why the "Haves" Come Out Ahead : Speculations on the Limits of Legal Change / Marc Galanter=97

Sec.3. The Politics of Funding Legal Work for Social Justice=102

A. The Contested Roles of the Legal Services Corporation=104

The Demise of Law Reform and the Triumph of Legal Aid : Congress and the Legal Services Corporation From the 1960's to the 1990's / William P. Quigley=105

The Legal Services Restrictions : Lawyers in Florida, New York, Virginia, and Oregon Describe the Costs / David S. Udell=110

B. Restrictions on Law School Clinical Practice=118

C. Funding Legal Aid Programs Through the Workings of the Legal System : Interest on Lawyers Trust Accounts(IOLTA)=120

Sec.4. Developing and Sustaining Social Justice Practices=125

A. Structuring Alternative Visions of Legal Practice : Nonprofit Agencies and Social Justice Law Firms=125

Embedded Practices : Lawyers, Clients, and Social Change / Louise G. Trubek=125

This Firm Won National Recognition for its Commitment to Providing Affordable Legal Services / Jay Dixit=133

Asian Law Caucus : Experiment in an Alternative / Dale Minami=139

The San Francisco Community Law Collective / Paul Harris=143

B. Funding Legal Representation : Affordable Fees for Clients Willing to Pay=146

Rethinking Private Attorney Involvement Through a "Low Bono" Lens / Luz E. Herrera=147

C. Civil Rights Cases and Shifting Attorney Fees=155

City of Riverside v. Rivera=157

Federal Civil Rights Practice in the 1990's : The Dichotomy Between Reality and Theory / Julie Davies=164

Chapter 3. Social Justice Lawyers in Context=173

Sec.1. Reflections on Social Justice Lawyering=173

Reflections on Lawyering for Reform : Is the Highway Alive Tonight? / Dean Hill Rivkin=174

Sec.2. Working With Communities and Organizations=179

A. Contrasting Conventional and Unconventional Roles=179

Rebellious Lawyering : One Chicano's Vision of Progressive Law Practice / Gerald P. López=180

Macho Law Brains, Public Citizens, and Grassroots Activists : Three Models of Environmental Advocacy / Luke W. Cole=194

B. Understanding Communities : Goals, Context, and Conflicts=199

Community Lawyering : Revisiting the Old Neighborhood / Michael Diamond=200

A Call to Context : The Professional Challenges of Cause Lawyering at the Intersection of Race, Space, and Poverty / John O. Calmore=209

Making the Invisible Visible : The Garment Industry's Dirty Laundry / Julie A. Su=218

Chapter 4. Personal Identity, Role, and Values : Becoming a Lawyer, Staying Yourself=230

Sec.1. Becoming Justice Ready=232

Becoming a Lawyer : A Humanistic Perspective on Legal Education and Professionalism / Elizabeth Dvorkin ; Jack Himmelstein ; Howard Lesnick=232

Close Encounters of the Racial Kind : Pedagogical Reflections and Seminar Conversations / John O. Calmore=235

Provocateurs for Justice / Jane H. Aiken=236

Seizing the Disorienting Moment : Adult Learning Theory and the Teaching of Social Justice in Law School Clinics / Fran Quigley=241

Sec.2. Advocacy Within the Adversary System : Traditional Assumptions and Contemporary Challenges=248

Black Lawyers, White Courts : The Soul of South African Law / Kenneth S. Broun=249

Lawyers and Revolution / Richard Wasserstrom=250

Questioning the Cultural and Gender-Based Assumptions of the Adversary System : Voices of Asian-American Law Students / Carolyn Jin-Myung Oh=252

Elusive Advocate : Reconsidering Brandeis as People's Lawyer / Clyde Spillenger=259

Lawyer Role, Agency Law, and the Characterization "Officer of the Court" / James A. Cohen=263

Sec.3. Joining the Profession=267

The Legal Persona : An Essay on the Professional Mask / James R. Elkins=267

Lawyers as Professionals : Some Moral Issues / Richard Wasserstrom=269

On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession / Patrick J. Schiltz=272

Chapter 5. From Individual Clients to Groups and Communities : Establishing and Sustaining a Viable Lawyer-Client Relationship=294

Sec.1. The Client-Centered Model of Representation=294

Lawyers as Counselors : A Client-Centered Approach / David A. Binder ; Paul Bergman ; Susan C. Price=296

People From the Footnotes : The Missing Element in Client-Centered Counseling / Michelle S. Jacobs=301

Client-Centered Counseling : Reappraisal and Refinement / Robert D. Dinerstein=311

Am I My Client ? : The Role Confusion of a Lawyer Activist / Nancy D. Polikoff=313

Sec.2. Alternatives to Client-Centeredness=322

Lawyer Advice and Client Autonomy : Mrs. Jones's Case / William H. Simon=323

The Case of Mrs. Jones Revisited : Paternalism and Autonomy in Lawyer-Client Counseling / Mark Spiegel=328

Steady Work : A Practitioner's Reflections on Political Lawyering / Gary Bellow=333

Sec.3. The Lawyer-Client Relationship in the Context of Representing Group and Community Clients=335

Client-Centeredness Multiplied : Individual Autonomy and Collective Mobilization in Public Interest Lawyers' Representation of Groups / Stephen Ellmann=336

The Lessons of the Parcel C Struggle : Reflections on Community Lawyering / Zenobia Lai ; Andrew Leong ; Chi Chi Wu=343

Serving Two Masters : Integration Ideals and Client Interests in School Desegregation Litigation / Derrick A. Bell, Jr.=351

Chapter 6. Professional Responsibilities in Context : The Social Justice Challenge=358

Sec.1. Pedagogical Notes=359

Contextualizing Professional Responsibility : A New Curriculum for a New Century / Mary C. Daly ; Bruce A. Green ; Russell G. Pearce=359

Professional Responsibility : Ethics by the Pervasive Method / Deborah L. Rhode=361

Bringing the Practice to the Classroom : An Approach to the Professionalism Problem / Steven H. Goldberg=363

Sec.2. The Emergence of Professional Responsibility as a Legal Discipline=368

The Law and Ethics of Lawyering / Geoffrey C. Hazard, Jr. ; Susan P. Koniak ; Roger C. Crampton=369

Professional Responsibility Standards, Rules & Statutes / John S. Dzienkowski=371

Professional Responsibility : Problems of Practice and the Profession / Nathan M. Crystal=373

Sec.3. Clinics, Organizing, and Ethics=377

A Critical Reflection on Law and Organizing / Scott L. Cummings ; Ingrid V. Eagly=381

Sec.4. Building Social Justice Lawyering Competence=389

A. The Necessity and Propriety of Developing Problem-Solving Skills=389

Lawyers as Problem Solvers / Paul Brest ; Linda Hamilton Krieger=389

Aha? Is Creativity Possible in Legal Problem Solving and Teachable in Legal Education? / Carrie Menkel-Meadow=392

B. Negotiating Social Justice=399

When David Meets Goliath : Dealing With Power Differentials in Negotiation / Robert S. Adler ; Elliot M. Silverstein=399

Out of Sight and Out of Line : The Need for Regulation of Lawyers' Negotiations With Unrepresented Poor Persons / Russell Engler=405

Negotiation Ethics : How to Be Deceptive Without Being Dishonest/How to Be Assertive Without Being Offensive / Charles B. Craver=415

The Ethics of Lying in Negotiation / Gerald B. Wetlaufer=428

The Costs of Settlement : The Impact of Scarcity of Adjudication on Litigation Lawyers / Kevin C. McMunigal=431

PART 2. A SYSTEM OF LAW : SHAPING CLAIMS IN SOCIAL JUSTICE CASES=445

Chapter 7. The Political Nature of Rights Claims=447

Sec.1. Framing Demands for Social Justice as Claims for Legal Rights=447

A. The Example of Reconstruction=448

Equality Trouble : Sameness and Difference in Twentieth-Century Race Law / Angela P. Harris=448

Reconstruction : America's Unfinished Revolution, 1863-1877 / Eric Foner=451

B. The Efficacy of Rights Claims=459

Interpreting Rights : An Essay for Robert Cover / Martha Minow=462

C. The Example of Jim Crow=464

The Lost Promise of Civil Rights / Risa L. Goluboff=464

D. The Transformative Potential of Rights Claims=473

Collective Memory, History, and Social Justice / Sharon K. Hom ; Eric K. Yamamoto=473

Chapter 8. Livelihood : Work, Caregiving, and Dependency=479

Sec.1. The Search for a Right to Employment=479

A. The Importance of Work=480

The "Economic Bill of Rights"(State of the Union Message to Congress, 1944), The Public Papers and Addresses of Franklin D. Roosevelt, Vol. 13, Victory and the Threshold of Peace, 1944-45 / Franklin D. Roosevelt [President]=480

The Coming Crisis of Work in Constitutional Perspective / Kenneth L. Karst=482

Constitutional Welfare Rights : A History, Critique and Reconstruction / William E. Forbath=488

Politics and Jobs : The Boundaries of Employment Policy in the United States / Margaret Weir=492

B. Employment at Will and Individual Rights in Jobs=495

DeMarco v. Publix Super Markets, Inc.=496

The Idea of the Job as Property in Contemporary America : The Legal and Collective Bargaining Framework / William B. Gould IV=497

C. Community Rights to Employment=499

Losers, Fools & Prophets : Justice as Struggle / Jules Lobel=499

Local 1330, United Steel Workers of America v. United States Steel Corporation=500

The Reliance Interest in Property / Joseph William Singer=504

Sec.2. Globalization, Work, and Social Justice=508

A. Capital Mobility and Human Mobility : Justice and the Politics of Borders=510

Inclusive Boundaries and Other (Im)possible Paths Toward Community Development in a Global World / Fran Ansley=510

Institutionalizing Economic Justice : A LatCrit Perspective on the Imperatives of Linking the Reconstruction of "Community" to the Transformation of Legal Structures That Institutionalize the Depoliticization and Fragmentation of Labor/Community Solidarity / Elizabeth M. Iglesias=517

B. Labor and Human Rights Claims=522

(Dis)Assembling Rights of Women Workers Along the Global Assembly Line : Human Rights and the Garment Industry / Laura Ho, Catherine Powell ; Leti Volpp=522

Sec.3. Work and Social Insurance=529

A. Income Protection and the Labor Market=529

"Constructing the Political Spectacle" : The Interpretation of Entitlements, Legalization, and Obligations in Social Welfare History / Joel F. Handler=529

Changing Economy, Changing Lives : Unemployment Insurance and the Contingent Workforce / Deborah Maranville=535

B. The Question of Property Rights in Benefits=539

Goldberg v. Kelly=544

Beyond The New Property : An Ecological View of Due Process / Charles A. Reich=551

Sec.4. Disaster Without Recognition of Affirmative Rights : A Modern Example=562

Sec.5. Caregiving and Dependency-566

A. Dependency and Subsidy : Identifying Society's Interest=567

Cracking the Foundational Myths : Independence, Autonomy, and Self-Sufficiency / Martha Albertson Fineman=567

B. Rights to Subsistence=576

Dandridge v. Williams=576

C. Welfare and Work=585

Life's Work / Vicki Schultz=587

Welfare and the Problem of Black Citizenship / Dorothy E. Roberts=594

D. Sex and Dependency-599

Sex, Reproduction, and Welfare Reform / Wendy Chavkin ; Tammy A. Draut ; Diana Romero ; Paul H. Wise=600

Chapter 9. Participation in Democratic Society=604

Sec.1. Voting, Community Activism, and Political Participation=607

A. Voting and Equality=609

Harper v. Virginia State Board of Elections=609

Constructing Solidarity : Interest and White Workers / Martha R. Mahoney=617

Race-Conscious Voting Rights and the New Demography in a Multiracing America / John O. Calmore=623

B. Voting and Democracy : Moving Toward the Future=633

More Democracy / Lani Guinier=633

Sec.2. Education=645

A. Education as a Fundamental Right=646

B. Exclusion From Education as a Denial of Equal Protection=648

Plyler v. Doe=648

C. Educational Adequacy and Equality Under State Constitutions=657

The Tensions Between Integration and School Reform / john a. powell=660

D. Affirmative Action : The Current Debate About Diversity and Equality in Education=671

Deconstructing the Distinction Between Bias and Merit / Daria Roithmayr=672

Grutter v. Bollinger=681

Sec.3. Securing Protection Against Harm=697

A. Liberty, Due Process, and State Responsibility=698

DeShaney v. Winnebago County Department of Social Services=698

The Empty State and Nobody's Market : The Political Economy of Non-Responsibility and the Judicial Disappearing of the Civil Rights Movement / Kenneth M. Casebeer=708

B. Domestic Violence and Rights to Protection Against Harm=718

Human Rights at Home : Domestic Violence as a Human Rights Violation / Caroline Bettinger-Lopez=722

Chapter 10. The Judiciary and Access to Courts=730

Sec.1. The Judiciary : Who Are the Judges and How Are They Chosen?=731

Some Realism About Electoralism : Rethinking Judicial Campaign Finance / Kathryn Abrams=733

The Quiet of the Storm Center / Anthony Lewis=736

Pursuit of Justice : Reflections of a State Supreme Court Justice / Joseph R. Grodin=739

Sec.2. The Role of the Judiciary-744

Trial as Error, Jurisdiction as Injury : Transforming the Meaning of Article III / Judith Resnik=744

Sec.3. Access to Federal Courts=754

United States v. Morrison=756

Equal Protection by Law : Federal Antidiscrimination Legislation After Morrison and Kimel / Robert C. Post ; Reva B. Siegel=769

PART 3. A SYSTEM OF POLITICS : LEGAL WORK AND SOCIAL CHANGE=775

Chapter 11. Lawyers and Political Struggles Toward Transformation=778

Sec.1. Consciousness About Power as a Goal of Legal Practice=778

Building Power and Breaking Images : Critical Legal Theory and the Practice of Law / Peter Gabel ; Paul Harris=778

Sec.2. Community Empowerment and the Role of the Lawyer=787

Reflections of Community Organizers : Lawyering for Empowerment of Community Organizations / William P. Quigley=787

The Miner's Canary : Enlisting Race, Resisting Power, Transforming Democracy / Lani Guinier ; Gerald Torres=804

To Learn and Teach : Lessons From Driefontein on Lawyering and Power / Lucie E. White=806

A Critical Reflection on Law and Organizing / Scott L. Cummings ; Ingrid V. Eagly=816

Sec.3. Community Empowerment in Practice=827

LUCHA, The Struggle for Life : Legal Services for Battered Immigrant Women / Virginia P. Coto=827

We Make the Road by Walking : Immigrant Workers, the Workplace Project, and the Struggle for Social Change / Jennifer Gordon=831

Sec.4. Lawmaking and Transformation : Changing Culture, Power, and Social Relations=834

Bleeding Heart : Reflections on Using the Law to Make Social Change / Thomas B. Stoddard=834

Lawyering for Social Justice / Nan D. Hunter=844

Chapter 12. The Movement Toward a New Fair Housing : Redressing Spatial Inequality and Injustice=852

Sec.1. The Fair Housing Response=855

Housing Discrimination 101 / Douglas Massey=855

Sec.2. The Context and Conditions of Spatial Inequality and Injustice=861

Teaching About Inequality, Race, and Property / Florence Wagman Roisman=862

The Social Construction of Racial Privilege in the United States : An Asset Perspective / Melvin Oliver=872

Planned Destruction : The Interstates and Central City Housing / Raymond A. Mohl=873

The Persistence of Segregation : Links Between Residential Segregation and School Segregation / Nancy A. Denton=883

Segregation, Whiteness, and Transformation / Martha R. Mahoney=885

Sec.3. Moving Beyond Fair Housing Toward Justice in Place=894

Space Invaders : Critical Geography, the "Third World" in International Law and Critical Race Theory / Keith Aoki=899

Spatial Equality and the Kerner Commission Report : A Back-to-the-Future Essay / John O. Calmore=903

Justice From the Ground Up : Distributive Inequities, Grassroots Resistance, and the Transformative Politics of the Environmental Justice Movement / Sheila Foster=913

Fair Housing and Community Empowerment : Where the Roof Meets Redemption / Judith Koons=922

Chapter 13. Sexual Minorities : The Movement for Equality and Liberation=950

Sec.1. The Growth of a Movement=951

A. Before and After Stonewall=951

Litigating for Lesbian and Gay Rights : A Legal History / Patricia A. Cain=951

B. "What Are You Doing in My Bedroom"? Challenging Sodomy Laws in the 1980s=960

Michael Hardwick v. Michael Bowers / Peter Irons=960

Bowers v. Hardwick=965

C. Strategy and Identity Questions After Bowers v. Hardwick=974

Divided We Litigate : Addressing Disputes Among Group Members and Lawyers in Civil Rights Campaigns / William B. Rubenstein=977

Sec.2. Working to End Discrimination Based on Sexual Orientation and Gender Nonconformity=988

A. Rights Against Discrimination―State and Local Ordinances=988

The Politics of Gay Rights at the Local and State Level / James W. Button ; Barbara A. Rienzo ; Kenneth D. Wald=988

Romer v. Evans=991

B. Protecting Transgender, Gay and Lesbian Youth=1005

Approaching the New Millennium With Mixed Blessings for Harassed Gay Students / Joan E. Schaffner=1007

Sec.3. Privacy and Intimacy, Liberty and Dignity―Overruling Bowers v. Hardwick=1017

Lawrence v. Texas=1018

Sec.4. Relationships and Marriage=1032

A. Early Marriage Cases and the Development of Civil Unions=1032

Couples : Marriage, Civil Union, and Domestic Partnership / David Chambers=1035

Vermont Civil Unions : The New Language of Marriage / Greg Johnson=1037

B. Marriage=1039

Goodridge v. Department of Public Health=1039

In re Opinions of the Justices to the Senate=1043

C. Progress, Backlash, and Social Justice Movements―The Roles of Lawyers and Judges, Litigation and Legislation=1051

Lawyering for Marriage Equality / Scott L. Cummings ; Douglas NeJaime=1053

Sec.5. Gay Rights, Civil Rights : Analogies Between Race and Sexual Orientation=1074

Black Rights, Gay Rights, Civil Rights / Devon W. Carbado=1076

Chapter 14. The Movement Against Domestic Violence=1086

Sec.1. Building a Movement and Identifying Battered Women=1086

Foreword / Darlene Furey=1086

A History of the State's Response to Domestic Violence / Elizabeth Felter=1089

Battered Women and Feminist Lawmaking / Elizabeth M. Schneider=1090

Sec.2. Explaining Inequality and the Experience of Women=1098

Resistance to Equality / Elizabeth M. Schneider=1098

Victimization or Oppression? Women's Lives, Violence, and Agency / Martha R. Mahoney=1106

Mapping the Margins : Intersectionality, Identity Politics, and Violence Against Women of Color / Kimberlé Crenshaw=1114

Sec.3. The Challenge of Law Reform=1119

A. Enforcing Existing Laws=1119

The Criminal Law of Misdemeanor Domestic Violence, 1970-1990 / Joan Zorza=1120

B. The Violence Against Women Act=1122

The Violence Against Women Act and the Construction of Multiple Consciousness in the Civil Rights and Feminist Movements / Jenny Rivera=1123

Sec.4. Mandatory Arrest and Prosecution Policies : Debates About Inequality and Empowerment=1129

No Right to Choose : Mandated Victim Participation in Domestic Violence Prosecutions / Cheryl Hanna=1131

Battered Women and the State : The Struggle for the Future of Domestic Violence Policy / Emily J. Sack=1137

Killing Her Softly : Intimate Abuse and the Violence of State Intervention / Linda G. Mills=1138

Autonomy Feminism : An Anti-Essentialist Critique of Mandatory Interventions in Domestic Violence Cases / Leigh Goodmark=1141

Crime Control and Feminist Law Reform in Domestic Violence Law : A Critical Review / Donna Coker=1142

Mandatory Arrest of Batterers, A Reply to Its Critics / Evan Stark=1148

Sec.5. Battered Mothers and Their Children=1158

A. Protection From Physical Harm : Child Abuse and Woman Abuse=1158

Double Binds Facing Mothers in Abusive Families : Social Support Systems, Custody Outcomes, and Liability for Acts of Others / Mary E. Becker=1158

B. Child Witnessing of Domestic Violence=1167

Sec.6. Progress and Challenges : Domestic Violence Lawyering Today=1179

Dealing with the Nastiness : Mixing Feminism and Criminal Law in the Review of Cases of Battered Incarcerated Women―A Tenth-Year Reflection / Linda L. Ammons=1179

INDEX=1185