University of Wisconsin–Madison

Month: August 2025

Epperly (2013), “The Provision of Insurance?: Judicial Independence and the Post-Tenure Fate of Leaders.”

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Brad Epperly, “The Provision of Insurance?: Judicial Independence and the Post-Tenure Fate of Leaders.” Journal of Law and Courts, vol. 1, no. 2 (2013): 247–78.  Summary: Leading explanations of judicial independence argue political competition incentivizes those in power to create independent courts as insurance against uncertain futures. While much work addresses the role competition plays, …

Judges: Threatened for ruling against Trump

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A surge in threats against federal judges has raised alarms about the safety of the U.S. judiciary and the integrity of democratic institutions. Since Donald Trump’s presidency, intimidation of judges has escalated dramatically, with 162 judges threatened in just six weeks this year—more than double the number recorded over the previous five months. At a …

Trump’s $940 Million Law Firm Deals Face Uncertainty

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Nearly five months after nine major U.S. law firms struck deals with former President Donald Trump—pledging a collective $940 million in free legal services—the impact remains unclear. Some firms continue to take cases opposing Trump’s agenda, with Milbank lawyers fighting administration tariffs and immigration policies. Paul Weiss, the first firm to sign a deal, has …

Ugandan opposition seeks to nullify law on military prosecution of civilians

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Ugandan opposition seeks to nullify law on military prosecution of civilians – The National Unity Platform (NUP), Uganda’s main opposition party, filed a constitutional court case to strike down a new law allowing military tribunals to try civilians, which President Yoweri Museveni signed earlier this year. Uganda’s Supreme Court had banned such military trials in …

Doug Ford’s attacks on judges are an affront to Canadian democracy

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Doug Ford has increasingly made judges a political target, treating attacks on them as a routine talking point. At the recent Premiers’ conference, he called judges “weak-kneed” over bail reform, and in the past he has dismissed judicial independence as a “joke,” floated the idea of electing judges, and vowed to appoint only “like-minded” ones. …

Incoming ABA President Michelle Behnke to prioritize defending liberty, pursuing justice

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Michelle Behnke, a Wisconsin attorney with Boardman Clark, has become the new president of the American Bar Association (ABA). In her remarks at the ABA Annual Meeting in Toronto, Behnke pledged to strengthen the rule of law by advocating for judicial independence, ensuring the safety of judges, and promoting an inclusive and fair justice system. …

Cohen (2020), “Judicial Colonialism Today: The French Overseas Courts.”

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Mathilde Cohen, “Judicial Colonialism Today: The French Overseas Courts.” Journal of Law and Courts, vol. 8, no. 2 (2020): 247–76.  Summary: France maintains a court system outside of the European continent in so-called overseas regions such as Martinique and New Caledonia. Held as colonies until the 1940s, these territories became part of the French state …

Palermo (2025), “Dictatorship and Judicial Complicity: The Case of Argentina.”

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Omar Palermo. “Dictatorship and Judicial Complicity: The Case of Argentina.” In Transitional Justice and the Criminal Responsibility of Judges. Edited by Claudia Cárdenas Aravena, Jaime Couso Salas, Florian Jeßberger, Milan Kuhli, pp. 46-60. London: Routledge, 2025. Summary: The systematic and widespread failure to investigate crimes committed by the judiciary during Argentina’s most recent civil-military dictatorship …

Khalil (2024), ” ‘This Country has Laws’: Legalism as a Tool of Entrenching Autocracy in Egypt.”

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Heba M. Khalil, “ ‘This Country has Laws’ ”: Legalism as a Tool of Entrenching Autocracy in Egypt.” American Behavioral Scientist, vol. 68, no. 12 (2024): 1597-1615.  Summary: This article investigates the role of legalism and legal processes in entrenching autocratic rule in post-revolution Egypt. In the aftermath of the spectacular street protests that swept Egypt, …

Staton, Reenock, Holsinger (2022), “Can Courts be Bulwarks of Democracy?: Judges and the Politics of Prudence.”

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Jeffrey K. Staton, Christopher Reenock, and Jordan Holsinger, Can Courts be Bulwarks of Democracy?: Judges and the Politics of Prudence. Cambridge: Cambridge University Press, 2022. Summary: Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that …