Many Roads to Justice: The Law Related Work of Ford ... - UNDP

9 0 CA S E ST U D I E Sunderrepresented groups. The Foundation recognizes, however,that the concept of social change is ambiguous; the literature onpublic interest litigation offers no single definition of “success.”Some commentators criticize public interest litigation as a failedstrategy that short-circuits the political process and produces few,if any, long-lasting successes. Reading the same evidence, othercommentators declare victory for civil rights litigation, but urge arefocusing of effort on public education, legislative reform, andpolitical mobilization. Still others point to litigation’s unintendedadverse consequences—including bitter political opposition—andemphasize the need for consensual solutions to divisive socialproblems. Finally, some observers recognize the limits of courtinitiatedreform, but recommend its continued support as part of amultipronged strategy to expand social justice and to preservevictories against erosion and assault.This case study addresses many of these concerns. Looking atthe work of some of the Foundation’s grantees over the last twodecades, the study illustrates the process of public interest litigationin the United States and identifies some of the factors framingits strategic use. The study does not claim to be scientific orcomprehensive; it does not discuss, for example, Ford’s significantsupport of legal services for the poor during this period. Nordoes the case study provide an audit of grantee work. Rather,through a sampling of the Foundation’s law grantees—inw o m e n ’s rights, minority rights, and immigrant and refugeerights—the authors glean lessons from the use of litigation tochange public policy; to enforce, implement, and monitor change;and to mobilize and empower members of historically disadvantagedgroups. The authors conclude that public interest litigationhas been and remains integral to a holistic social change strategythat may also include community mobilization, leadership andeconomic development, media outreach, policy analysis, andempirical research.The chapter first provides a brief institutional history ofF o r d ’s support of civil rights litigation in the United States andthen describes the adjudicative campaigns of particular granteesin such diverse fields as school finance reform, reproductivechoice, and land-use planning. Within specific U.S. contexts, thestudy then discusses the strengths and weaknesses of litigation asa social change strategy and explores how grantees have used