This analysis revisits Alexis de Tocqueville’s reflections on the essential role lawyers play in sustaining liberal democracy, especially in guarding against the excesses of majoritarian rule.
Archive
Pereira (2003), “Explaining Judicial Reform Outcomes in New Democracies: The Importance of Authoritarian Legalism in Argentina, Brazil, and Chile”
This article investigates how the legacies of authoritarian legal systems influence the capacity of attorneys to drive judicial reform in emerging democracies, with case studies from Chile, Argentina, and Brazil.
Barrow (2022), “Beyond the Courtroom: Lawyer Activism and Resistance in Hong Kong”
This chapter explores the critical role attorneys play as defenders of the rule of law in backsliding democracies, using Hong Kong as a case study.
New Law Firm Forms to Defend Rule of Law Under Trump Administration
In response to renewed concerns over executive overreach, a group of veteran attorneys has launched the Washington Litigation Group — a new law firm dedicated to providing free legal representation to individuals and institutions targeted …
When Lawyers Speak, America Listens
In a powerful message from ABA President William R. Bay, the American Bar Association reflects on a pivotal choice it made six months ago: to speak out amid rising threats to the rule of law. …
Israeli government votes to dismiss attorney general, escalating standoff with judiciary
The Israeli Cabinet voted unanimously to dismiss Attorney General Gali Baharav-Miara, intensifying a power struggle between Prime Minister Benjamin Netanyahu and the judiciary that critics warn threatens Israel’s democratic institutions. The Supreme Court quickly froze …
ICC Prosecutor Faced Threats Over Israel Case, Report Reveals
A new report by Middle East Eye, featured in Al Jazeera on August 3, 2025, exposes a campaign of intimidation and political pressure against International Criminal Court (ICC) Chief Prosecutor Karim Khan during his investigation …
Under Pressure: How Trump’s Crackdown on Law Firms Is Reshaping U.S. Legal Advocacy
A Reuters investigation reveals that President Trump’s aggressive campaign against major U.S. law firms is chilling pro bono work and weakening legal defenses for vulnerable populations. In a stark break from precedent, Trump has issued …
Judges Targeted as Trump Ramps Up Attacks on the Judiciary
In a troubling escalation, federal judges across the U.S. who have ruled against President Trump are facing a surge in harassment and threats. According to a July 31 report by Fortune and the Associated Press, …
Milbank Lawyers Drastically Cut Fees to Defend Sanctuary Cities
In a bold move, the prestigious law firm Milbank has joined a legal battle to defend the sanctuary city policies of Newark, Jersey City, Hoboken, and Paterson. Prominent attorneys including former Acting Solicitor General Neal …