Lecture 3 - Understanding activism as legal mobilisation of activism

According to McCann, what has been the contribution of studies of legal mobilization to social science analysis of law?

Studies of legal mobilization have made important contributions to social science analysis of law over the last three decades.

What historical development in American politics does McCann link to the rise of scholarly interest in legal mobilization?

The rise of scholarly interest in legal mobilization undoubtedly reflected developments in American politics, particularly the legacy of high-profile litigation for social change dating from Brown v. Bd. of Education (1954).

Nader (1985) described the mobilization of law by "private" citizens as what kind of theory?

Nader (1985) called the mobilization of law by "private" citizens a "user theory" of law and change.

According to the text, what is central to the understanding of litigation and legal mobilization regarding disputes?

Central to the understanding of litigation is the recognition that only a small percentage of disputes and disputing activity actually ever gets to the formal level of institutional involvement.

What core idea about the capacity of citizens to mobilize law is emphasized in virtually all studies of legal mobilization?

Virtually all studies of legal mobilization emphasize that the capacity of citizens to mobilize law is highly unequal.

What are some social resources required to mobilize law in disputes and shape law itself?

The capacity to mobilize law requires many types of social resources, including money, expertise, legal representation, status, political connections, and media access.

What is "legal consciousness" according to Merry (1990)?

Legal consciousness refers to "the way that people conceive of their ‘natural’ and normal way of doing things, their habitual patterns of talk and action, and their commonsense understanding of the world".

What did Galanter's (1974) argument about "why the haves come out ahead" highlight?

Galanter's argument highlighted how "repeat players"—those powerful corporate institutions—prevail not only in discrete disputes but also in shaping the development of substantive legal rules over the long haul.

Engel and Munger's (2003) study, Rights of Inclusion, explored the impact of what legislation on the legal consciousness of persons with disabilities?

Rights of Inclusion (2003) explored whether the 1991 Americans with Disabilities Act made much difference to the legal consciousness of persons with disabilities.

What are some key elements of the perspective that is deeply skeptical toward court-centered visions of social change?

This perspective includes skepticism toward court-centered visions of social change, tempered faith in "bottom-up" political mobilization of rights, and an emphasis on understanding how legal language constitutes social practice.

According to Epp (1998), what is a necessary condition for the development of judicial support for rights?

Epp (1998) demonstrates that a "vibrant support structure" is a necessary condition for the development of judicial support for rights.

What is "strategic litigation" as described in the seminar materials?

Strategic litigation involves using individual or group claims in an effort to obtain a change in the law or practice.

According to Christie (1986), what is an "ideal victim"?

An "ideal victim" is "a person or a category of individuals who most readily are given the complete and legitimate status of being a victim".

What are the characteristics of "repeat players" in the context of legal mobilization?

"Repeat players" are those who regularly use law and courts, can better anticipate litigation risks and benefits, and may settle some disputes with short-term losses to benefit from favorable long-term rule establishment.

What is the "top-down" view of disputes as presented in the seminar materials?

The "top-down" view looks at disputes from the vantage point of government and legal institutions that create and process cases, where state actors extend law and create legal rights.

According to Mather, what is a basic definition of a "case"?

At its most basic level, a case is an official legal description of a problem or claim filed in a court or a dispute between opposing parties which may be resolved by a court or equivalent legal process.

What is the focus of the "bottom-up" perspective on litigation?

The "bottom-up" perspective on litigation examines the considerations and motives of disputing parties who file civil claims.

What is "dispute transformation" focused on?

Dispute transformation focuses on the social construction of cases, where disputes change in form or content through the involvement of others and legal language.

How does Zemans (1983) view legal mobilization?

Zemans (1983) argues that legal mobilization should be seen as a form of political participation.

According to Lahav (2017), what are two virtues of litigation besides law enforcement and political participation?

Lahav (2017) describes the virtues of litigation as the promotion of transparency and the furtherance of a form of social equality.

What is "strategic litigation" also known as in the United States?

Strategic litigation" is also known as "test case litigation" in the United States.

According to Vanhala, what was the central question explored in her article?

Vanhala's article explores the factors that influence the likelihood that a nongovernmental organization (NGO) will turn to the courts to pursue their policy goals.

What is the focus of explanations based on "legal opportunity structures" (LOS)?

LOS explanations focus on how the creation of new legal opportunities, rules structuring court access, and rules on legal costs influence whether NGOs decide to mobilize the law.

According to Vanhala, what does "legal stock" refer to?

"Legal stock" refers to the body of laws that exist in a particular field, including European law, constitutional law, statutes, and regulations.

How can the "loser-pays" system for legal costs affect litigation?

The "loser-pays" system, where the losing party pays the other's legal fees, can have a chilling effect on litigation due to the potential for incurring enormous costs.

What were two limitations of the data used in Vanhala's research on legal mobilization across countries?

Two limitations were the difficulty in comparing levels of legal mobilization across countries and the reliance on self-reporting regarding the legal activity of groups.

According to Arntz and Krommendijk, what did the European Court of Human Rights establish in the Verein Klimaseniorinnen Schweiz and Others v. Switzerland judgment?

The Court established that climate change is ‘one of the most pressing issues of our times’ and poses a threat to human rights, confirming that States have a positive obligation to adopt measures to mitigate climate change under Article 8 ECHR.

In the Klimaseniorinnen case, what did the European Court of Human Rights decide regarding legal action by associations in relation to climate change?

The Court allowed for legal action by associations in relation to climate change, stating that an association does not need to show that its members would themselves have met the victim-status requirements.

Why was the Duarte Agostinho and Others v. Portugal and 32 others case declared inadmissible by the European Court of Human Rights?

The case was declared inadmissible because the applicants had not exhausted domestic remedies in any of the respondent States, and the Court relied on a strict territorial test, rejecting the argument for extraterritorial jurisdiction in this context.