Cummings, Scott L., The Autocratic Legal Playbook (August 14, 2025). UCLA Law Review, Forthcoming, UCLA School of Law, Public Law Research Paper No. 25-31, Available at SSRN: https://ssrn.com/abstract=5392409 or http://dx.doi.org/10.2139/ssrn.5392409 This Article examines the development and rapid innovation of the autocratic legal playbook in America: the strategic blueprint used to destroy democracy through law. It argues that this …
Batesmith, A., & McEvoy, K. (2025). “Closeted” cause lawyering in authoritarian Cambodia. Law & Society Review, 59(3), 463–495. doi:10.1017/lsr.2025.29 Using Cambodia as a case study, this article examines cause lawyering in a repressive political environment. It focuses on “closeted” cause lawyering, a practice they define as the intentional pursuit of change through the legal process that is …
Kwong, Y. H. (2025). The Legal Profession in Battle: Cause Lawyers Versus State-Embedded Lawyers in Hong Kong’s Democratization. Social & Legal Studies, 34(4), 580-601. The existing literature has long recognized that cause lawyers play important roles in fighting for political justice. However, the implications of how the state responds to these lawyers have yet to be comprehensively …
Kroncke, J. J. (2025). Legal Complicity in an Age of Resurgent Authoritarianism. Geo. J. Legal Ethics, 38, 75. Faith in end of history narratives emergent at the end of the twentieth century carried powerful ethical implications for engagement with authoritarian regimes. The most widespread of these narratives was modernization theory: the idea that economic development would invariably …
Wendel, W. B. (2022). Lawyer shaming. U. Ill. L. Rev., 175. The Lincoln Project’s effort to shame law firms working on behalf of the Trump campaign is only the most recent example of the public criticism, even vilification, directed against lawyers who represent unpopular clients. The legal profession is mostly unified in its response, which appeals …
Litman, L. (2020). Lawyers’ Democratic Dysfunction. Drake L. Rev., 68, 303. As part of the symposium on Jack Balkin and Sandy Levinson’s Democracy and Dysfunction, this Article documents another source of the dysfunction that the authors observe-elite lawyers’ unwillingness to break ranks with other elite lawyers who participate in the destruction of various norms that are integral …
As threats against judges intensify across the United States—from swatting and doxxing to direct intimidation—lawyers are mobilizing to protect the judiciary and the rule of law. In a recent interview with Federal News Network, attorney Paul Kiesel discussed the origins of Speak Up for Justice, a coalition of legal professionals advocating for judicial safety and …
Fresh Air — “Implications Of The DOJ Targeting The President’s Critics” Legal scholar and former U.S. attorney Barbara McQuade explains how President Trump’s push for the Justice Department to pursue his political opponents (e.g., James Comey) erodes long-standing norms separating law enforcement from politics, threatening prosecutorial independence and the rule of law. The episode lays out …
Michele Beckwith, the acting U.S. attorney in Sacramento, was abruptly fired by President Donald Trump just hours after reminding Border Patrol officials that immigration raids in her district must comply with federal court orders. On 15 July, Beckwith sent an email to Border Patrol chief Gregory Bovino, emphasizing that agents could not indiscriminately stop or …
At the Labour Party conference in Liverpool, attorney general Richard Hermer KC and justice minister Sarah Sackman condemned recent political attacks on judges as dangerous, intentional, and corrosive to the rule of law. Hermer warned that naming judges in parliament, as done by Robert Jenrick, puts them at personal risk and undermines public trust in …