Alexandria D. Lahav. “Portraits of Resistance: Lawyer Responses to Unjust Proceedings.” University of Los Angeles Law Review, vol. 57, (2009-2010): 725-777.
This article explores the underexamined role of lawyers operating within manifestly unjust procedural regimes, particularly in the context of liberal democracies under internal stress. Using case studies from the U.S. civil rights era and Guantánamo Bay military tribunals, it maps out the complex dynamics of lawyer resistance in systems that retain the appearance of legality while undermining substantive justice. The analysis highlights the tension between complicity and resistance, arguing that lawyers in such regimes may simultaneously reinforce and subvert injustice. For attorneys in backsliding democracies, the piece offers a vital framework for understanding when legal participation crosses into complicity—and when it can become a tool of subversive accountability.