Public Interest Law & Policy Class 2 Ronald W. Staudt August 27, 2009
Public Interest Law & Policy What is Public Interest Law? • New Lawyers- - Student Note - -1970 • Rabin’s article-- 1976 • Southworth’s study of the right--2005 Waiting for Gautreaux, pages 1-47
New Lawyers- Student Note 1970 • Angry despair • 1930s v 1970---2009? • Lloyd Cutler v. Ralph Nader • Note 3 definition? • process v. “preferred interests and groups”
Lawyers for Social Change- 1976 • 1965- all institutions under fire –Civil Rights, Vietnam • Rabin’s inquiry -- change through litigation-but not criminal defense or OEO • Definitions: • subsidized attorney services • Nature of practice v. source of funds for lawyer • ACLU, LDF, Sierra Club, NRDC, MALDEF • consumer representation? • broad societal majoritarian views? • process definition-under represented but selective about interests they choose.
Conservative Lawyers. . . Southworth’s study -2005 • Emergence of Liberal PILFs • ACLU & LDF powerless minorities • New PILFs --diffuse majorities • Look like law firms • Not dependent on fees • Critiques of legal profession in ’60s- Nader, Halpern—lawyers self interest at odds with public interest
Conservative PILFs. . . Southworth’s study • Late ’60s • Amer. for Effective Law Enforcement • Right to Work Legal Defense Foundation • Catholic League & Nat’l Right to Life Committee • 1971-- Powell’s memo • Mid ’70s • Pacific Legal Foundation • Mid America Legal Foundation • Washington Legal Foundation • Federalist Society for Law… • ’80s and ’90s dozens of new conservative PILF’s
Two more perspectives • “…alienation and anxiety about the nature of lawyering work do not affect all lawyers equally. For those whose idea and practice of lawyering involves service to a cause, many of the symptoms of alienation and anxiety are absent.”Scheingold and Sarat, Something to Believe In, Stanford U. Press, 2004.
Two more perspectives • “American courts are not all-powerful institutions. They were designed with severe limitations and placed in a political system of divided powers. To ask them to produce significant social reform is to forget their history and ignore their constraints. It is to cloud our vision with a naive and romantic belief in the triumph of right over politics. And while romance and even naivete have their charms, they are not best exhibited in courtrooms.”Gerald N. Rosenberg, The Hollow Hope, Can Court Bring About Social Change? 2d Edition. U of C Press, 2008
Waiting for Gautreaux • Early public interest work as ACLU pro bono volunteer- Tropic of Cancer, Waukegan schools, Anastopolo • “Litigation-an effective lever for social change!”
Waiting for Gautreaux • History of post Civil War Jim Crow • Migration North after 2 wars • Brown in 1954 • Rosa Parks, CORE, SCLC, I Have a Dream! • Montgomery & Voting Rights Act • Segregation & violence in the North • Dual housing markets, racial covenants and violent confinement– ghetto impact
Waiting for Gautreaux • Dream Team • 6 months of study & research • Key response by HUD to West Side Federation – preferences + City council opposition! • History of Public Housing in 1930s –segregated • Taylor & Wood after WWII • More ghetto buildings in pipeline
Waiting for Gautreaux • “Find us some plaintiffs” • Marches and Deals • Martin Luther King, Al Raby, Jesse Jackson and Richard Daley. • Chicago Freedom Movement • Leadership Council • Great Negotiation • Regrets
CHA promise • CHA recognizes that heavy concentrations of public housing should not again be built in the City of Chicago…In the future it will seek scattered sites for public housing and will limit the height of new public housing structures in high density areas to eight stories, with housing for families with children limited to the first two stories. Whenever possible, smaller units will be built.