Daniel Farbman. “Resitance Lawyering.” California Law Review, vol. 107, no. 6 (2019): 1877-1953.
Daniel Farbman’s Resistance Lawyering tells the story of abolitionist lawyers who worked within the oppressive legal framework of the Fugitive Slave Law of 1850, using its own procedures to subvert and resist the institution of slavery. These “resistance lawyers” not only fought to keep their clients free but also waged a broader political battle by integrating legal practice with antislavery movement goals. Drawing on new archival research, Farbman challenges the dominant narrative of the law’s total effectiveness, revealing that many alleged fugitives escaped its grasp—often thanks to legal and community resistance. The article invites contemporary lawyers to learn from this integration of daily legal work and political struggle as a model for resistance within unjust systems.