Judge Harry Pregerson’S Quest for Justice for All: Public Law Litigation, Managerial Judges, and the Century Freeway Case
UC Davis Legal Studies Research, 2022
Forthcoming 51 SOUTHWESTERN LAW REVIEW (2022) (Symposium), Forthcoming
15 Pages Posted: 18 Oct 2022
Date Written: September 2022
Abstract
As this symposium attests, the late Judge Harry Pregerson played a pivotal role in bringing the massive Century Freeway litigation to a successful conclusion. As a direct result of his dedicated handiwork, a major freeway in the heart of Los Angeles was built. Moreover, the project, as constructed pursuant to a comprehensive consent decree, added scarce affordable housing for displaced residents and fair access by people in the community to well-paid construction jobs.
In directing the construction of what he affectionately called 'the freeway with a heart', Judge Pregerson dedicated himself to crafting justice for all. Based on the understanding that a judge should be an active participant rather than a passive observer in social change litigation, his approach provides a blueprint for federal judges, as well as for political leaders and policy makers, as the nation embarks on the task of rebuilding an aging infrastructure.
Put simply, Judge Pregerson’s judicial craft in the Century Freeway case exemplifies how a judge can bring about a just outcome in a complex piece of litigation that implicates competing, and at times divergent, community interests. At a fundamental level, the Century Freeway case demonstrates that the right judge in social reform litigation can help facilitate positive social outcomes.
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