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Cause Lawyering and the State in a Global Era$
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Austin Sarat and Stuart Scheingold

Print publication date: 2001

Print ISBN-13: 9780195141177

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0195141172.001.0001

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Cause Lawyers, Clients, and the State

Cause Lawyers, Clients, and the State

Congress as a Forum for Cause Lawyering during the Enactment of the Americans with Disabilities Act

Chapter:
(p.211) Chapter 8 Cause Lawyers, Clients, and the State
Source:
Cause Lawyering and the State in a Global Era
Author(s):

Neta Ziv

Publisher:
Oxford University Press
DOI:10.1093/0195141172.003.0008

This chapter focuses on cause lawyering in Congress. Its subject is the group of advocates representing disabled persons during the enactment of the Americans with Disabilities Act (A.D.A. between 1988 and 1990. Analysis of cause lawyering within a political institution throws light on new aspects of legal professionalism and the state. As depicted here, lawyering for legislative reform on behalf of a politically and socially disempowered group does not adhere to the conventional client–lawyer–state model, which treats the interests of both the client and the state as determinable, and assigns a mediating role to the lawyer. Rather, it presents a model in which the interests of both the client and the state are defined and developed as part of the legislative process, as a field of “sub‐political” interaction. This chapter examines the political space within which such interaction takes place.

Keywords:   Americans with Disabilities Act, cause lawyers, client–lawyer–state model, disabled persons, U.S.A

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