Instead of viewing success and failure through such a rigid lens, Jules Lobel suggests that we move past the winner-take-all model and learn valuable lessons from legal and political activists who have advocated causes destined to lose in court but have had important, progressive long term effects on American society. He leads us through dramatic battles in American legal history, describing attempts by abolitionist lawyers to free fugitive slaves through the courts, Susan B. Anthony's trial for voting illegally, the post-Civil War challenges to segregation that resulted in the courts' affirmation of the separate but equal doctrine in Plessy v. Ferguson, and Lobel's own challenges to United States foreign policy during the 1980s and 1990s.
Success Without Victory explores the political, social, and psychological contexts behind the cases themselves, as well as the eras from which they originated and the eras they subsequently influenced.
About the Author
Jules Lobel is Professor of International and Constitutional Law at the University of Pittsburgh Law School. He is also Vice President of the Center for Constitutional Rights, a national civil and human rights organization. On behalf of the Center, he has been one of the foremost legal challengers of unilateral presidential war-making for the past two decades.
Table of Contents
1 Introduction: Losers, Fools, and Prophets
2 Can Law Stop War? The Constitution and Iraq
3 A Tradition of Resistance: Antislavery Litigators and the Fight for Freedom
4 “A Fine Agitation”: Women’s Suffrage Goes to Court
5 Plessy v. Ferguson: The Fool’s Last Battle
6 Plant-Closing Litigation: “Youngstown Sure Died Hard”
7 Politics versus Law: Were Travelers to Cuba Trading with the Enemy?
8 Challenging United States Intervention in Central America
9 End of an Era: Fighting U.S. Action in Kosovo
About the Author