Does litigation promote changes in the law?
It does. It doesn’t always. To my mind it provides a double edge sword. Litigation is constraining in many, many ways as you can bring only certain kinds of law suits, you have to frame your claims in a certain way, you need people to show standing to be able to bring a law suit and on and on and on there are a whole list of constraints that make litigation a limited avenue for advancing change. In time though if you wind things up in a certain way when you can get into the courthouse door with a lawsuit that can gain publicity that can foster education and it can be used as leverage. One of the interesting things about litigation is, as limiting as it is, as far as the structural constraints that surround it, you don’t need a huge amount of mobilization to bring lawsuits. It’s different than a protest where you mobalise 10,000 people out to have a big protest march. With litigation, if you find a plaintiff, find a couple of good lawyers and maybe you have a organisation behind you to
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