Doctoral Dissertation Research: Legal Strategies by Social Movement Organizations

Northwestern University, Evanston IL

Investigators

Abstract

Social movements have long played a crucial role in American democracy. Commentators frequently describe courts as the engine of social change, and social movements all along the political spectrum have successfully used litigation to impact law and policy. But for all the focus on whether courts are effective agents of social change, there is little research on how social movement organizations choose legal goals in the first place. By shedding light on how legal organizations interact with broader social movements, this research will help explain the role of legal organizations in American democracy. This project addresses two research questions. (1) How do different legal organizations develop specific legal goals and strategies? (2) How do legal strategies change over time? By comparing different organizations, this research identifies the key role organizations play in deciding how to respond to a changing legal context. Legal organizations develop an organizational identity that defines who is involved in the organization, what the organization does, and how outsiders perceive the organization. This research demonstrates that these organizational identities guide decisions on legal strategies. When faced with multiple potential strategies, organizations choose strategies most consistent with their broader goals. However, these broader goals and organizational identities can also sometimes change dramatically. This research examines how the legal context and countermovements impact this relationship between broader organizational goals and specific legal strategies. A multi method approach will be used to compare four legal organizations. Data will include: (1) historical studies of each organization, focusing on how organizations come to adopt specific goals; (2) interviews with lawyers at each organization; (3) interviews with clients of each organization; (4) interviews with lawyers opposing each organization; and (5) surveys of donors to each organization. Because of the central role litigation plays in social and political change, this research provides insight into the broader functions of the American political system.