University of Wisconsin–Madison

Month: July 2025

Neal, Haynie (1993), “Authoritarianism and the Functions of Courts: A Time Series Analysis of the Philippine Supreme Court, 1961–1987.”

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Tate C. Neal and Stacia L. Haynie, “Authoritarianism and the Functions of Courts: A Time Series Analysis of the Philippine Supreme Court, 1961–1987.” Law & Society Review, vol. 27, no. 4 (1993): 707–40.  Summary: Focusing on the independent and powerful pre–martial law Philippine Supreme Court, the authors investigate the impact of the establishment and breakdown …

Szente (2021), “Stepping Into the Same River Twice? Judicial Independence in Old and New Authoritarianism.”

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Zoltán Szente, “Stepping Into the Same River Twice? Judicial Independence in Old and New Authoritarianism.” German Law Journal, vol. 22, no. 7 (2021): 1316–26.  Summary: The study seeks to answer the question of whether there are similarities between the methods used to limit judicial independence in Hungary during the last phase of the communist regime, …

Smith (2022), “Judges and Democratization: Judicial Independence in New Democracies”

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B.C. Smith, Judges and Democratization: Judicial Independence in New Democracies (2nd ed.). Oxfordshire: Routledge, 2022.  Summary: This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the …

Pereira (2008), “Of Judges and Generals: Security Courts under Authoritarian Regimes in Argentina, Brazil, and Chile”

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Anthony W Pereira. “Of Judges and Generals: Security Courts under Authoritarian Regimes in Argentina, Brazil, and Chile,” In Rule by Law: The Politics of Courts in Authoritarian Regimes. Edited by Tom Ginsburg and Tamir Moustafa, 23–57. Cambridge: Cambridge University Press, 2008. Summary: Few academic studies have taken the law and legal institutions under authoritarian regimes …

Özbudun (2015), “Turkey’s Judiciary and the Drift Toward Competitive Authoritarianism.”

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Ergun Özbudun, “Turkey’s Judiciary and the Drift Toward Competitive Authoritarianism.” The International Spectator, vol. 50, no. 2 (2015): 42–55. Summary: Turkey has always been considered an “illiberal democracy”, or in Freedom House’s terms, a “partly-free” country. In recent years, however, there has been a downward trend toward “competitive authoritarianism”. Such regimes are competitive in that opposition …

“We Could Not Remain Silent”: The Members of the Legal Profession Pursuing Ethics Investigation for AG Pam Bondi

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In this commentary, law professors Abbe Smith and Ellen Yaroshefsky reflect on the legal profession’s responsibility to uphold ethical standards, focusing on efforts to initiate an ethics investigation into former Florida Attorney General Pam Bondi. They emphasize the duty of lawyers to speak out when legal ethics are undermined, especially in politically charged contexts. The …

The Supreme Court and Congress Cede Powers to Trump and the Presidency

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In a dramatic shift, both the U.S. Supreme Court and Congress have increasingly deferred to President Donald Trump’s authority, signaling a rebalancing of constitutional powers in favor of the executive. The Supreme Court recently ruled that federal judges cannot issue nationwide injunctions on presidential actions—even if unconstitutional—and upheld presidential immunity for core official duties. Congress, …

Conservative Litigator Paul Clement to Defend Maryland Federal Judges in DOJ Lawsuit

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Prominent conservative litigator and former U.S. Solicitor General Paul Clement has been retained to defend 15 federal judges in Maryland, as well as the U.S. District Court for the District of Maryland, in a highly unusual lawsuit filed by the U.S. Department of Justice. The lawsuit, brought by the Trump administration, challenges a court order …

Meyer (2018), “Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch’s Political and Authoritarian Character.”

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Emilio Peluso Neder Meyer, “Judges and Courts Destabilizing Constitutionalism: The Brazilian Judiciary Branch’s Political and Authoritarian Character.” German Law Journal, vol. 19, no. 4 (2018): 727–68.  Summary: Contemporary democracies may confront several instances of exceptions that co-exist with constitutional institutions; they are never free from any risks. This Article relies on recent Brazilian judicial experiences …

Kim (2015), “Travails of Judges: Courts and Constitutional Authoritarianism in South Korea.”

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Marie Seong-Hak Kim, “Travails of Judges: Courts and Constitutional Authoritarianism in South Korea.” The American Journal of Comparative Law, vol. 63, no. 3 (2015): 601–54.  Summary: This study addresses the urgent need for enhanced external oversight of constitutional judges in Indonesia and South Korea, driven by increasing concerns over judicial integrity and accountability. Recent instances of …