Woods and Barclay (2008), “Cause Lawyers As Legal Innovators With And Against The State: Symbiosis Or Opposition?”

Patricia J. Woods and Scott W. Barclay. “Cause Lawyers As Legal Innovators With And Against The State: Symbiosis Or Opposition?” Studies in Law, Politics and Society, vol. 45 (2008): 203–231.

This article challenges the traditional view of cause lawyers as inherently oppositional and leftist actors standing against a singular, monolithic state. Drawing on theories of the disaggregated and embedded state, it argues that cause lawyers often engage collaboratively with various state institutions and personnel, finding mutual benefits in litigation. The legal arena enables cause lawyers and state actors to advance their agendas through persuasive legal arguments rather than broad political support. The article illustrates this dynamic through case studies from Vermont and Israel, suggesting that such interactions between cause lawyers and state actors are common rather than exceptional.

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