For attorneys in backsliding democracies, this chapter offers a sobering reflection on the limits of legalism and the complex relationship between law, legitimacy, and power.
Archive
Andreetta (2024), “A Broken Trust: Defence Lawyers and the Beninese State”
This article investigates how defense lawyers in Benin navigate a shifting political landscape marked by democratic backsliding and increasing judicial bias.
Rosenbaum, Hubbard, Sharp-Bauer, and Tushaus (2021), “The Myanmar Shwe: Empowering Law Students, Teachers, And The Community Through Clinical Education And The Rule Of Law”
This article explores the reform of legal education in Myanmar during a brief period of political opening, focusing on the role of clinical legal education (CLE) in empowering future lawyers under conditions of ongoing authoritarian legacy.
Mason and Cheesman (2023), “Land and Law Between Reform and Revolution”
This chapter explores how land law in Myanmar functions as a tool of governance, dispossession, and contestation, particularly during the semi-civilian government of the 2010s and in the wake of the 2021 military coup.
Chua (2022), The Politics of Rights and Southeast Asia
This book introduces the politics of rights as a socio-legal framework for understanding how rights are mobilized, contested, and reshaped in the culturally and politically complex region of Southeast Asia.
Kim (2023), “Reimagining the Lawyer’s Duty to Uphold the Rule of Law”
This article critiques the prevailing view within the legal profession that lawyers fulfill their duty to uphold the rule of law simply by complying with formal legality.
Barzilai (2015), “Can Government Lawyers Save Us? A Comment on Lawyering for the Rule of Law”
This article reflects on the global expansion of judicial review, emphasizing how courts—both in liberal and non-liberal democracies—strategically position themselves in shaping public policy.
Feely (2015), “An Introduction to Lawyering for the Rule of Law”
This article introduces a symposium on Yoav Dotan’s Lawyering for the Rule of Law: Government Lawyers and the Rise of Judicial Power in Israel, a landmark study of how state attorneys can both constrain and enable government power.
Benny, Veitch, Hualing, and Cullen (2020), “Pursuing Democracy In An Authoritarian State: Protest And The Rule Of Law In Hong Kong”
This article examines the Occupy Central (OC) trial in Hong Kong as a pivotal moment in the legal and political struggle against authoritarian backsliding.
Ipsen (2020), “Repeat Players, The Law, And Social Change: Redefining The Boundaries Of Environmental And Labor Governance Through Preemptive And Authoritarian Legality”
This article highlights how attorneys are central to these strategies, revealing the political role of legal professionals in reinforcing corporate power under weakened democratic institutions.