DUSP Courses 1998

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11.953 Law, Lawyers and Social Change

Law, Lawyers and Social Change

Professor William Shutkin

Department of Urban Studies and Planning

Fall 1999

What is the relationship between law and social change? In this module we will examine the role of law and lawyers in promoting or, alternatively, preventing social change as social justice and environmental protection. We'll try to understand the complex dialectic between the institution of law and the way society functions. We will look at the law=s role in American history generally, discuss specific ways in which lawyers have participated in social movements and engaged the courts, and consider new approaches to law and lawyering that might lead to better social outcomes, if not a better reputation for lawyers.

Grades will be based on in-class participation (20%) and an 8-10 page essay (80%) on a topic of your choice.

Required books: G. Stern, The Buffalo Creek Disaster (Random House, 1976); G. Rosenberg, The Hollow Hope: Can Courts Bring About Social Change? (University of Chicago Press, 1991); J. Harr, A Civil Action (Random House, 1995).

Week 1 (Oct. 19 & 21) Law and Historical Change

$ M. Horwitz, The Transformation of American Law, 1780-1860 (Harvard University Press, 1977), 1-63.

$ L. Friedman and H. Scheiber, eds., American Law and the Constitutional Order (Harvard University Press, 1978), 109-120, 132-142.

Week 2 (Oct. 26 & 28) Judges and Lawyers as Social Change Agents

$ G. Stern, The Buffalo Creek Disaster (Random House, 1976).

$ G. Rosenberg, The Hollow Hope: Can Courts Bring About Social Change? (University of Chicago Press, 1991).

Week 3 (Nov. 2 & 4) Environmental Litigation: Illustrative Cases and Stories

$ J. Harr, A Civil Action (Random House, 1995).

$ Lyng v. Northwest Indian Cemetery Protective Assoc., 485 U.S. 439 (1988).

$ State v. Elliot, 616 A. 2d 210 (Vt. 1992) .

Week 4 (Nov. 9 & 11) Rebellious and Pragmatist Lawyering

$ M. Brint and W. Weaver, Pragmatism in Law and Society (Westview Press, 1991), 29-47, 89-99, 121-127.

$ L. Cole, AEmpowerment as the Key to Environmental Protection: The Need for Environmental Poverty Law,@ 19 Ecology Law Quarterly 619 (1992).

$ G. Lopez, Rebellious Lawyering: One Chicano=s Vision of Progressive Law Practice (Westview Press, 1992), 1-82.

$ W. Shutkin, APragmatism and the Promise of Adjudication,@ 18 Vermont Law Review 57 (1993).

Week 5 (Nov. 16 & 18) The Future of Law and Lawyers

$ A. Kronman, The Lost Lawyer (1994), 1-100.

$ R. Weisberg, Poethics: And Other Strategies of Law and Literature (1991), 3-50.

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This syllabus may have been updated. To ensure that you're looking at the most recent version, please hit "Reload."
11.953 Law, Lawyers and Social Change
Law, Lawyers and Social Change Professor William Shutkin Department of Urban Studies and Planning Fall 1999 What is the relationship between law and social change? In this module we will examine the role of law and lawyers in promoting or, alternatively, preventing social change as social justice and environmental protection. We'll try to understand the complex dialectic between the institution of law and the way society functions. We will look at the law=s role in American history generally, discuss specific ways in which lawyers have participated in social movements and engaged the courts, and consider new approaches to law and lawyering that might lead to better social outcomes, if not a better reputation for lawyers. Grades will be based on in-class participation (20%) and an 8-10 page essay (80%) on a topic of your choice. Required books: G. Stern, The Buffalo Creek Disaster (Random House, 1976); G. Rosenberg, The Hollow Hope: Can Courts Bring About Social Change? (University of Chicago Press, 1991); J. Harr, A Civil Action (Random House, 1995). Week 1 (Oct. 19 & 21) Law and Historical Change $ M. Horwitz, The Transformation of American Law, 1780-1860 (Harvard University Press, 1977), 1-63. $ L. Friedman and H. Scheiber, eds., American Law and the Constitutional Order (Harvard University Press, 1978), 109-120, 132-142. Week 2 (Oct. 26 & 28) Judges and Lawyers as Social Change Agents $ G. Stern, The Buffalo Creek Disaster (Random House, 1976). $ G. Rosenberg, The Hollow Hope: Can Courts Bring About Social Change? (University of Chicago Press, 1991). Week 3 (Nov. 2 & 4) Environmental Litigation: Illustrative Cases and Stories $ J. Harr, A Civil Action (Random House, 1995). $ Lyng v. Northwest Indian Cemetery Protective Assoc., 485 U.S. 439 (1988). $ State v. Elliot, 616 A. 2d 210 (Vt. 1992) . Week 4 (Nov. 9 & 11) Rebellious and Pragmatist Lawyering $ M. Brint and W. Weaver, Pragmatism in Law and Society (Westview Press, 1991), 29-47, 89-99, 121-127. $ L. Cole, AEmpowerment as the Key to Environmental Protection: The Need for Environmental Poverty Law,@ 19 Ecology Law Quarterly 619 (1992). $ G. Lopez, Rebellious Lawyering: One Chicano=s Vision of Progressive Law Practice (Westview Press, 1992), 1-82. $ W. Shutkin, APragmatism and the Promise of Adjudication,@ 18 Vermont Law Review 57 (1993). Week 5 (Nov. 16 & 18) The Future of Law and Lawyers $ A. Kronman, The Lost Lawyer (1994), 1-100. $ R. Weisberg, Poethics: And Other Strategies of Law and Literature (1991), 3-50.