The article argues that the legal profession’s shift to “neutral partisanship” in 1969 undermines lawyers’ ability to uphold justice and democracy by suppressing moral and ethical engagement.
Archive
Prosecutors Torch Trump’s ‘Worst Conceivable’ Court Nominee
Emil Bove, a former Trump defense attorney and current DOJ official, has come under fire after being nominated by Donald Trump for a lifetime seat on the U.S. Court of Appeals for the Third Circuit. …
Justice Ann Walsh Bradley reflects on her 30 years of service on the Wisconsin Supreme Court
In a heartfelt farewell after 30 years on the Wisconsin Supreme Court, Chief Justice Ann Walsh Bradley emphasized judicial independence and the importance of public trust in the courts. Reflecting on her tenure, she highlighted …
China’s human rights lawyers speak out, 10 years after crackdown
A decade after China’s largest crackdown on human rights lawyers—the 2015 “709 incident”—legal professionals and activists report that government control over the legal system has intensified under Xi Jinping. While once there was space for …
Istanbul mayor’s jailed lawyer denounces ‘fabricated’ charges
In Turkey, the lawyer defending jailed Istanbul Mayor Ekrem İmamoğlu has himself been imprisoned amid what he calls a politically motivated purge. Mehmet Pehlivan, who represents İmamoğlu (President Erdoğan’s main rival), was detained in June …
Wang (2020), “The More Authoritarian, the More Judicial Independence? The Paradox of Court Reforms in China and Russia.”
Yueduan Wang, “The More Authoritarian, the More Judicial Independence? The Paradox of Court Reforms in China and Russia.” University of Pennsylvania Journal of Constitutional Law, Vol. 22, no. 2 (2020): 529-560. Summary: Drawing conclusions largely …
Neal, Haynie (1993), “Authoritarianism and the Functions of Courts: A Time Series Analysis of the Philippine Supreme Court, 1961–1987.”
Tate C. Neal and Stacia L. Haynie, “Authoritarianism and the Functions of Courts: A Time Series Analysis of the Philippine Supreme Court, 1961–1987.” Law & Society Review, vol. 27, no. 4 (1993): 707–40. Summary: Focusing …
Szente (2021), “Stepping Into the Same River Twice? Judicial Independence in Old and New Authoritarianism.”
Zoltán Szente, “Stepping Into the Same River Twice? Judicial Independence in Old and New Authoritarianism.” German Law Journal, vol. 22, no. 7 (2021): 1316–26. Summary: The study seeks to answer the question of whether there …
Smith (2022), “Judges and Democratization: Judicial Independence in New Democracies”
B.C. Smith, Judges and Democratization: Judicial Independence in New Democracies (2nd ed.). Oxfordshire: Routledge, 2022. Summary: This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be …
Pereira (2008), “Of Judges and Generals: Security Courts under Authoritarian Regimes in Argentina, Brazil, and Chile”
Anthony W Pereira. “Of Judges and Generals: Security Courts under Authoritarian Regimes in Argentina, Brazil, and Chile,” In Rule by Law: The Politics of Courts in Authoritarian Regimes. Edited by Tom Ginsburg and Tamir Moustafa, …