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Every year, Professor Sabel teaches a two-semester course, New Forms of Public Interest Advocacy, with Professor James Liebman
This course examines the possibility of new strategies for reforming public institutions through law. Its fundamental assumption is that the same pressures that are leading to the partial dismantlement and decentralization of many parts of public administration in the United States and abroad are also creating new opportunities for citizens and communities to participate in the redirection and constitution of government, and for lawyers to facilitate that process in new and imaginative ways. Background readings trace the causes and consequences of the broad reordering of government; prior and current practices of "public interest" lawyers; and the limits of and alternatives to litigation and other adversarial practices by such lawyers. Cases studies from the United States, the Westminster systems, and continental Europe (in, for example, school reform, affirmative action claims, aboriginal representation, and environmental regulation) will document the extent to which citizens, communities and legal practitioners already are beginning to adjust to and further ongoing changes in public administration and the obstacles - doctrinal, institutional, and political - those actors face in doing so. Looking ahead, the course will consider relationships between such innovative administrative models and emerging global trends in democratic participation. This course is intended to be a vehicle for students to engage in original research work in an applied setting of their choice.
Student publications resulting from New Forms of Public Interest Advocacy research:
Michael Burger, “A Watershed Moment: A New
Environmental Movement is Born,” Next American City, Issue 4, (2004).
Timothy Casey, “When Good Intentions Are Not Enough: Problem-Solving Courts and
the Impending Crisis of Legitimacy,” 57 SMU Law Rev. 1459 (Fall 2004).
Cristie Lee Ford, “In Search of the Qualitative Clear Majority: Democratic
Experimentalism and the Quebec Secession Reference,” 39:2 Alberta Law Review 1
(2001).
Brian Galle, “Can Federal Agencies Authorize Private Suits Under Section 1983?,”
69 Brooklyn Law Review 163 (2003).
Brandon Garrett, “Remedying Racial Profiling,” 33 Columbia Human Rights Law
Review 41 (2001).
Brandon Garrett, “Standing while Black: Distinguishing Lyons in Racial Profiling
Cases,” 100 Columbia Law Review 1815 (2000).
Kirsty Gover and Natalie Baird, “Identifying the Maori Treaty Partner,” 52 Univ. of Toronto L.J. 39 (2002).
Kyung M. Lee, “Reinventing Gideon v. Wainwright: Holistic Defenders, Indigent Defendants, and the Right to Counsel,” 32 Am. J. Crim. L. (forthcoming spring 2005).
James S. Liebman and Brandon L. Garrett, “Experimentalist Equal Protection,” Yale Law and Policy Review, vol. 22, no. 2, pp. 261-327, (2004).
James S. Liebman and Brandon L. Garrett, “Madisonian Equal Protection,” Columbia Law Review, vol. 104, no. 4, pp. 837-974, (2004).
Stacy Laira Lozner, Diffusion of Local Regulatory Innovations: The San Francisco CEDAW Ordinance and the New York City Human Rights Initiative, 104 Colum. L. Rev. 768 (2004)
Jason Parkin, Constructing
Meaningful Access to Work: Lessons from the Port of Oakland Project Labor
Agreement, 35 Colum. Human Rights L. Rev. 375 (2004).
Ursula A. Wynhoven, Case Study of How Novartis International AG Has Begun the
Process of Delivering on its Commitment to the Global Compact, published on the
website of the Global Compact, http://www.unglobalcompact.org/irj/servlet/prt/portal/prtroot/com.sapportals.km.docs/ungc_casestudies/c2d5c247-f700-0010-0080-d75e54f851fd.doc.
Works in Progress/Unpublished Works:
Cristie Lee Ford, securities prosecution paper
Zvi Gabbay, “Justifying Restorative Justice: A Theoretical Justification for the Use of Restorative Justice Practices.”
Zvi Gabbay, "Holding restorative justice accountable: using democratic experimentalism to monitor and evaluate restorative justice programs in the United States."
Nathan Hume, “Dealing with Diversity: Pragmatic Multiculturalism in the British Columbia Treaty Process.”
Chaundra King, Brian Goldberg, Sally Peacock, “Beyond Comparative Proportionality Review: An Experimentalist Approach to Eliminating Aberrant Death Sentences.”
Julissa Reynoso, “Toward A New System of Public Administration and Local Problem-Solving: Lessons from the Bronx.”
Julissa Reynoso and Tiffany Wong, “Education Reform: A Case Study of Texas.”
