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.
Archive
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.
Prempeh (2000), “Lawyers and Liberal Democracy.”
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.
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. …