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28 Stan. L. Rev. 207 (1975-1976)
Lawyers for Social Change: Perspectives on Public Interest Law

handle is hein.journals/stflr28 and id is 223 raw text is: Lawyers for Social Change: Perspectives on Public Interest Law Robert L. Rabin* I. IN RODUCTION Writing in the aftermath of the trauma engendered by the fierce struggle between President Franklin D. Roosevelt and the Supreme Court, political scientist Benjamin Twiss complained bitterly: It is not surprising that lawyers' fame is evanescent . . Allied with those who are preoccupied with production and profits to the exclusion of standards of consumption and general well-being, lawyers have taken a negative rather than a creative and constructive attitude toward social development. In defending rights of untrammeled enterprise against rules of fair play and in presuming the uncon- stitutionality of legislative enactments, they have missed their cue to the role of constructive leaders and have been instead dogs in the manger.1 Whatever its accuracy, this is a withering judgment. But clearly, this judgment cannot be shrugged off as either idiosyncratic or a hoary voice out of a bygone era of hard times. In a more prosperous period, a quarter- century later, Ralph Nader and a host of others expressed similar disillu- sionment with the legal profession.2 Indeed the criticism has been virtually identical: that the profession has single-mindedly pursued the course of economic self-interest, providing its talents to the highest bidder in the marketplace. Obviously, an occupational group as numerous as the legal profession will provide exceptions to virtually any generalization. As far as icono- clastic, public-spirited lawyers are concerned, Clarence Darrows will arise and stir the imagination in every generation. But the existence of a hand- ful of highly publicized lawyers representing primarily the dissident and downtrodden does not begin to satisfy Twiss' quest for a commitment from * B.S. x96o, J.D. x963, Ph.D. 1967, Northwestern University. Professor of Law, Stanford Uni- versity. I would like to express my appreciation to the American Bar Foundation for financial sup- port afforded me, as an Affiliated Scholar, to conduct this study under its contract research program. I also benefited greatly from criticism of earlier drafts of the manuscript by Professors Owen Fiss and Joel Handler. The final responsibility for the findings and conclusions expressed herein is mine. x. B. Tws, LAwyEES AND TE CoNsTrruTioN 259 (2d ed. 1962). 2. See, e.g., Halpern & Cunningham, Reflections on the New Public Interest Law: Theory and Practice at the Center for Law and Sodal Policy, 59 Gao. L.J. xo95 (197); Nader, The Role of the Lawyer Today, 49 Mlicm ST. B.J., Nov. 1970, at 7T; Nader, Law Schools and Law Firms, 3 BavJPa.. Hzzs B. Ass'x J., Dec. x969, at 8; Wexler, Practicing Law for Poor People, 79 YALE L.J. 1049 (1970). But see Auerbach, Some Comments on Mr. Nader's Views, 54 MmN. L. Rv. 503 (970). 207

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