Crisis Lawyering: Effective Legal Advocacy in Emergency Situations

Crisis Lawyering: Effective Legal Advocacy in Emergency Situations

Crisis Lawyering: Effective Legal Advocacy in Emergency Situations

Crisis Lawyering: Effective Legal Advocacy in Emergency Situations

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Overview

Shines a light on the emerging field of law dedicated to responding to and resolving the crises of the twenty-first century

In an increasingly globalized world, a complex and interlocking web of nations, governments, non-state actors, laws, and rules affect human behavior. When crisis hits—whether that be extrajudicial detention, unprompted deportation, pandemics, or natural disasters—lawyers are increasingly among the first responders, equipped with the knowledge necessary to navigate the regulations of this ever more complex world.

Crisis Lawyering explores this phenomenon and attempts to identify and define what it means to engage in the practice of law in crisis situations. In so doing, it hopes to sketch out the contours of the emerging field of crisis lawyering. Contributors to this volume explore cases surrounding domestic violence; dealing with immigrants in detention and banned from travel; policing in Ferguson, Missouri; the kidnapping of journalists; and climate change, among other crises. Their analysis not only serves as guidance to lawyers in such situations, but also helps others who deal with crises understand those crises—and the role of lawyers in them—better so that they may respond to them more effectively, efficiently, collaboratively and creatively.

Crisis Lawyering shines a light on the emerging field of law dedicated to responding to and resolving the complex crises of the twenty-first century.


Product Details

ISBN-13: 9781479801718
Publisher: New York University Press
Publication date: 02/23/2021
Sold by: Barnes & Noble
Format: eBook
File size: 702 KB

About the Author

Ray Brescia (Editor)
Ray Brescia is the Associate Dean for Research & Intellectual Life and the Hon. Harold R. Tyler Professor in Law & Technology at Albany Law School. He is the author of Lawyer Nation: The Past, Present, and Future of the American Legal Profession and The Future of Change: How Technology Shapes Social Revolutions; and editor of Crisis Lawyering: Effective Legal Advocacy in Emergency Situations; and How Cities Will Save the World: Urban Innovation in the Face of Population Flows, Climate Change, and Economic Inequality.

Eric K. Stern (Editor)
Eric K. Stern is Professor at the College of Emergency Preparedness, Homeland Security and Cybersecurity at the University at Albany, SUNY. He is the Editor-in-Chief of the Oxford Research Encyclopedia of Crisis Analysis and co-author of The Politics of Crisis Management: Public Leadership Under Pressure.

Table of Contents

Introduction: Lawyers as Problem-Solvers in Crisis Ray Brescia Eric K. Stern 1

Part I Beyond the Familiar and the Imperative of Creativity

1 A Client's Crisis Becomes a Legal Crisis: A Domestic Violence Ruling Goes Global Caroline Bettinger-López 13

2 Crisis Lawyering in a Lawless Space: Reflections on Nearly Two Decades of Representing Guantanamo Detainees Baher Azmy 32

3 Responding to the (Dual) Policing Crisis in Ferguson Christy E. Lopez 63

4 When Crisis Comes to the Newsroom: The Media Lawyer in a Time of Global Unrest David E. McCraw 108

5 Crisis in the Courts: The Campaign to Get ICE Out of New York State Courts Lee Wang 127

6 Preparation, Crisis, Struggle, Ideas: The Birth of the Detention Outreach Project Sarah Rogerson 146

Part II Crisis and Systemic Contexts

7 Key Considerations for Lawyers Shepherding Communities through Long-Term Recovery from Major Disasters John Travis Marshall 167

8 Judging and Mediating for the "Long Emergency": Superstorm Sandy, New York State's Regulatory Response to the Climate Change Crisis, and Reforming the Energy Vision Eleanor Stein 189

9 Litigation for the Homeless in the 1980s: A Look Back Richard Pinner 207

10 Scaling Worker Cooperatives as an Economic Justice Tool for Communities in Crises Carmen Huertas-Noble Missy Risser-Lovings Christopher Adams 229

11 The Crisis Comes Once a Year: Lawyering on Election Day David S. Turetsky 249

Part III Beyond Borders and Silos

12 Bordering on Crisis: Overcoming Multiagency Crisis Coordination Challenges Brian Wilson Nora Johnson 269

13 Legal Advice in Crisis Training for Government Lawyers: Perspectives from the United States and Sweden Eric K. Stern Brad Kieserman Torkel Schlegel Per-Åke Mårtensson Ella Carlberg 290

Part IV Educating and Skill-Building

14 Call Air Traffic Control! Confronting Crisis as Lawyers and Teachers Muneer I. Ahmad Michael J. Wishnie 311

15 Leveraging Lawyers' Strengths and Training Them to Support Team Problem-Solving Under Crisis Conditions Scott Westfahl 340

16 Stay Calm and Carry On: How to Stay on Point When in a Crisis Jay Sullivan 356

Conclusion Ray Brescia Eric K. Stern 379

Acknowledgments 395

About the Editors 397

About the Contributors 399

Index 403

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