This article highlights the crucial role lawyers played in resisting authoritarian-leaning actions during a period of democratic backsliding in the United States, specifically under the Trump administration.
Archive
Abel (1985), “Lawyers and the Power to Change”
This article examines the marginalized yet politically potent fringe of the legal profession—lawyers who neither represent commercial interests nor serve as state functionaries, but who dedicate their practice to advancing the interests of the poor and disenfranchised.
Moliterno (2013), The American Legal Profession in Crisis: Resistance and Responses to Change
This work explores the American legal profession’s historical tendency to resist reform, particularly in moments of crisis that threaten its identity or institutional norms.
Sinnar (2017), “Human Rights, National Security, and the Role of Lawyers in the Resistance”
This article examines the role of lawyers in resisting democratic backsliding and authoritarian policymaking in the United States, particularly during the Trump administration.
Pils (2014), China’s Human Rights Lawyers: Advocacy and Resistance
This book provides a powerful analysis of the role of human rights lawyers operating within an authoritarian legal regime, focusing on China.
Lahav (2010), “Portraits of Resistance: Lawyer Responses to Unjust Proceedings”
This article explores the underexamined role of lawyers operating within manifestly unjust procedural regimes, particularly in the context of liberal democracies under internal stress.
Wendel (2010), Lawyers and Fidelity to Law
This book reimagines legal ethics as a commitment to the law’s role in resolving deep societal conflicts and maintaining political stability, rather than as a license for lawyers to bend legal rules in service of client interests.
Hualing (2011), “Challenging Authoritarianism through Law: Potentials and Limit”
This article explores the complex role of legal reform within authoritarian regimes, focusing on activist lawyers in China who strive to use the law to protect rights and promote social change.
Hopgood (2016), “Law and Lawyers in a World After Virtue”
David Kennedy’s critical legal scholarship challenges the traditional monopoly lawyers and legal scholars hold over defining law’s purpose, highlighting law as a form of political struggle rather than a neutral system.
Stauffer (2007), “The Rule of Law and its Shadow: Ambivalence, Procedure, and the Justice Beyond Legality”
This article argues that attorneys have a duty to act as guardians of justice in a legal order fraught with moral ambiguity and political pressure.