McCann Litigation

Historical Context: Emerged in response to major U.S. political developments (civil rights, women’s rights). Legal mobilization became a prominent strategy for social change.
Definition of Legal Mobilization: Defined as when desires are translated into demands as rights assertions. Focuses on actions of legal subjects and especially ordinary citizens.

Decentering Official Actors: Emphasis on nonofficial legal actors; aims to understand grassroots mobilization.
Litigation as a Process: Recognizes that litigation is just one part of a larger dispute resolution process, often initiated by informal grievances.
Complex Nature of Litigation: Many engage in litigation strategies without intending to go to trial, using it as leverage for settlements.
Inequality in Legal Mobilization: Recognizes that resources (money, access, expertise) shape legal mobilization, often maintaining the status quo while occasionally benefiting marginalized groups.

Positivist vs. Cultural Perspectives: Classic studies documented legal behaviors, while interpretive approaches focus on legal consciousness and the meanings of law in society.
Individual vs. Group Mobilization: Individual mobilization studies focus on personal disputes; group mobilization addresses collective actions for social reform, often involving high-stakes litigation.

Class Actions & Complex Litigation: More focused studies are needed on class actions and their societal impacts.
Powerful Actors in Legal Mobilization: Research should expand to study the legal strategies of powerful institutions and corporations.
Integration with Historical Institutionalism: Merging bottom-up perspectives with historical context could yield richer insights in legal mobilization studies.