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Social Justice Lawyering
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“The first thing I lost in law school was the reason that
I came…”
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“I am not sure justice is being done, but I am following the law.”
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Law Justice
But you can help narrow the gap!
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Though we say differently
Justice is actually a counter-cultural
value in the legal profession
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Challenge: Hold on to the justice
dreams that brought you to law school
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Thousands of others have been able to
do social justice law and make a living
Katrina sample of examples
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Scope of DamageMississippiLouisianaAlabamaFlorida
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300,000 homes uninhabitable
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Katrina Damaged
90,000 Square Miles
Area from Boston to Baltimore
Inland hundreds of miles
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One Million Displaced
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Response of Legal Community
Incredible!
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Advancement
Project
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USDC Civil Rights Action for Release of Misdemeanor Women
• Sep 20, 2005 federal civil rights action filed for misdemeanor women sent to Angola state prison – Paula Cobb, Nick Trenticosta, Carol Sobel
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Lawyers Volunteer 24/7to Identify Unknown Prisoners
• Phyllis Mann – interviewed over 2400 prisoners herself by September 13, 2005.
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St. Bernard Parish:
September 2005
Rent Only to Blood Relatives
Ordinance
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Waves of Evictions Hit New Orleans
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Federal challenge to LA eviction laws – tacking 3 day notice
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LA Secretary of State:“299,000 voters in N.O. not back”
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NAACP LDF & Civil Rights
Advocates file Voting Rights
Action
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FEMA - November 15, 2005 Quit paying for housing for nearly 60,000 homeless Katrina families
residing in government paid hotel and motel rooms.
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McWaters v FEMA to halt FEMA evictions
*4500 hours of pro bono legal work by 20 lawyers
private firm
•Lawyers Committee Civil Rights & Public Interest
Law Project
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8300 Prisoners Left in Cells
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ACLU Report
Abandoned & Abused
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Criminal Courthouse Closed
No Jury Trials
No Witnesses
No Victims
Accused Still Lost in System
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Criminal Evidence Room: Chest-deep Water
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6000 criminal case backlog – May 2006
• Judges only in courtrooms part-time• Insufficient #s Public Defenders• Problems with Jail Facilities• Absent retired or quit NOPD officers• Evidence problems• District Attorney problems• Displaced victims, witnesses• Backlog cut to 3000 by October 06;• Backlog cut to 2000 by December 06;
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Pre-Katrina, 5000 families lived in public housing
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June 2006 - 1040 families allowed to return to public housing
HUD Announces
Demolition of4500
Apartments
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Class Action USDC Filed on behalf of 4500 families displaced from
public housing
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Federal suits filed to open public schools & stop wait list
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USDC Class Action v FEMA Termination and Recoupment
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Voter Purge Challenged in USDC
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There are thousands
of social justice lawyers
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High profile
Social Justice Lawyers
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Shirin EbadiNobel Peace Prize Iran
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Stephen BrightSouthern Center Human Rights
Admitted 1974 - Kentucky
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Marian Wright
Edelman
Children’s Defense FundAdmitted 1960s
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Kim GandyPresident of NOW
Loyola New Orleans 1978
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Refuse the Standard Choices: “$-or- Good Work”
Guantanamo Detainee Lawyers – hundreds – eg Neal Katyal & Lt. Commander Charles Swift
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Lawyers Protest in Kashmir Against Human Rights Violations Committed in Local Jail – July 2004
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Digna Ochoa
Human Rights DefenderMexico City
+ 19 October 2001
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Lawyers Protest Threat to Arrest Human Rights Lawyer A.S. Chahal in Chandigarh India
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MarjorieCohn
PresidentNational
Lawyers Guild
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Brian Concannon & Mario JosephHaiti Human Rights Advocates
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You Make the Path by Walking – No Superhighway to Social Justice
Judith Browne & Penda Hair – Advancement Project – Civil Rights
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Pakistani Lawyers Protesting for Freedom of Judiciary – March 2007
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Do not let anyone tell you it is impossible
Chen Guangcheng
Human RightsDefender
Shandong China
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Louise ArbourProsecutor
Yugoslavia War Crimes
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Graham Russell – Human Rights Global Justice
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MaryRobinson
UN High Commissionon Human
Rights
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Brian Stevenson Death Row Lawyer
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Hassan Bubacar Jallow
of Gambia
ProsecutorRwanda War
Crimes
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Carla del PonteChief Prosecutor
War Crimes in Yugoslavia
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Daniel Bekele
Action Aid Ethiopia
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CarolBellamy
UNICEF Director
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Learn and Reclaim The History of
Social Justice Lawyers
A Sample Follows
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James StephenAbolitionist Advocate - 1807
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John Quincy Adams
Amistad Defender - 1840
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Albion Tourgee – Admitted 1865 Ohio and North Carolina - Plessy v Ferguson (1896)
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Arabella Babb Mansfield
Admitted 1869 Iowa
Suffrage Advocacy
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Charlotte E. RayFirst
African AmericanWoman Lawyer
Admitted DC 1872Suffrage Activist
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Louis BrandeisEconomic Social Political Justice – Admitted 1877
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Instead of holding a position of independence between the
wealthy and the people…able lawyers have…
neglected to use their powers for the protection of the people
Louis Brandies - 1905
Option for the Poor and Powerless
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Clara Shortridge Foltz
Women’s rightsPublic defenderAdmitted 1878
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ClarenceDarrow
Union DefenderAdmitted Ohio 1878
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Mohandas Karamchand GandhiBarrister-at-Law – admitted 1891
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Carol Weiss King
Human Rights LawyerAdmitted 1920
1895-1952
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Charles Houston, NAACP Counsel, Howard Law Prof.
“A lawyer is either a social engineer or a parasite on society.”
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Hope has two beautiful daughters:
Courage and Anger.
Augustine of Hippo
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Max Hirschberg, Anti-Nazi Lawyer
in Germany in 1920s
and 1930s
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Thurgood Marshall
Civil Rights & U.S. JusticeAdmitted 1933
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Nelson Mandela - Admitted 1944
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Constance Baker Motley and Thelton HendersonCivil Rights Lawyers & Federal Judges
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Social JusticeLawyers on
the Front LinesToday
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Astrid Puentes Riano
Inter-American Association for Envronmental
Defense
Colombia MexicoPeru
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Greg SchellLegal Services Farmworker Advocate - Florida
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Tulika Srivastava – Women’s Rights India
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Brian KogoroHuman Rights Zimbabwe
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Laura Tuggle - Housing Advocate New Orleans
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Vanita BanksNational Bar Association
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Sarah Cleveland
Human Rights
Advocate for Sugar Cane
Cutters
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Janice Fukai (L.A.) & Bob Wolfrum (St. Louis) Public Defenders
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Domestic Violence Victim Lawyers Sarah Buel & Rachel Amy Putterman
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Salih Mahmoud OsmanSudan Organization Against Torture
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Ella BhattSelf-Employed Women’s Association - India
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Michele Stephenson
Human Rights Attorney andFilmmaker
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Dionisio Diaz Garcia
Lawyer of the Poor Labor Lawyer
More Just SocietyHonduras
+ 4 December 2006
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Disability Advocates – Matt Laffin & Claudia Gordon
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Mental Health Law Advocates - Georgia
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Child Advocates Susan Knowles & LaShanda Taylor
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Jeanette KellerIowa Legal Services
Advocate for Disabled Veterans
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Law Profs (SALT) Protesting for Affirmative Action
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If there is no
struggle,
there is no progress.
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Monica E. Magoke-MhojaWomen’s Legal Aid Center Tanzania
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Seek Out Hope Joy Love
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Wherever you find tragedy and injustice
You will also find
resistance and
inspiration
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If you have come to help meyou are wasting your time.
But if you have comebecause your liberationis bound up with mine,
then let us struggle together.
Solidarity
Lila Watson – Aboriginal Activist Collective
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Law Justice
But it can!
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http://www.loyno.edu/~quigley/