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1 – 10 of 50Holly J. McCammon, Allison R. McGrath, Ashley Dixon and Megan Robinson
Feminist legal activists in law schools developed what we call critical community tactics beginning in the late 1960s to bring about important cultural change in the legal…
Abstract
Feminist legal activists in law schools developed what we call critical community tactics beginning in the late 1960s to bring about important cultural change in the legal educational arena. These feminist activists challenged the male-dominant culture and succeeded in making law schools and legal scholarship more gender inclusive. Here, we develop the critical community tactics concept and show how these tactics produce cultural products which ultimately, as they are integrated into the broader culture, change the cultural landscape. Our work then is a study of how social movement activists can bring about cultural change. The feminist legal activists’ cultural products and the integration of them into the legal academy provide evidence of feminist legal activist success in shifting the legal institutional culture. We conclude that critical community tactics provide an important means for social movement activists to bring about cultural change, and scholars examining social movement efforts in other institutional settings may benefit from considering the role of critical community tactics.
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The chapter intervenes in the debate among scholars of legal impact about the extent to which law can change society. Reformers, aims are frustrated when targets of law respond…
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The chapter intervenes in the debate among scholars of legal impact about the extent to which law can change society. Reformers, aims are frustrated when targets of law respond with resistance to court decisions, especially where mechanisms to enforce case law are weak (Hall, 2010; Klarman, 2006; Rosenberg, 1991). Even when law’s targets abide by a law, however, other important studies have demonstrated that organizations can leverage ambiguous language to craft policies in compliance that further their aims (Barnes & Burke, 2006; Edelman, 2016; Lipson, 2001). This chapter examines a case in which a state constitutional provision banning affirmative action was written in relatively unambiguous language and one of its targets announced its intention to comply. Through extensive interviews with University officials, this chapter examines the University of Michigan’s use of financial, technological, and political resources to follow the language of the law while still blunting its impact. These findings suggest that to understand law’s impact on society, we need to reconceive compliance and not only take the clarity of the law and its enforcement mechanisms into account but also attend to the goals, resources, and practices of the groups it targets.
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Both the Austrian and Bloomington Schools emphasize the dispersal of information to the level of individual agents. An underappreciated difference is the Bloomington emphasis on…
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Both the Austrian and Bloomington Schools emphasize the dispersal of information to the level of individual agents. An underappreciated difference is the Bloomington emphasis on the moral psychology of agents and its relation to covenant. Covenant refers to a habit, a sense of obligation to consider the interests of the other in decision making, and a commitment to do so that is not easily or unilaterally broken. This chapter seeks to elaborate the lineage of covenant in constituting political order and its implications for the moral psychology of agents and artisanship. This exploration raises issues of metaphysical foundations as they relate to values and to the Hobbesian–Aristotelian divide in starting points. An application to the environmental crisis, with particular reference to vested interests promoting disinformation, obfuscation, and doubt about anthropogenic climate change, suggests value in emphasizing covenant.
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