An examination of legal power in the lens that authoritarianism is all over.
Archive
Goldstein (2022), “The Attorney’s Duty to Democracy: Legal Ethics, Attorney Discipline, and the 2020 Election”
An analysis of the roles that attorneys have played in facilitating democratic backsliding internationally to draw lessons for the American legal ethics regime.
National Judicial College joins in national statement defending judicial independence
On May 1, 2025, the National Judicial College (NJC) joined several major judicial organizations in issuing a powerful joint statement defending judicial independence amid escalating threats and political pressure. The statement reaffirms that judges must …
American Legal Profession under Attack: Lessons from Abroad
On Law Day 2025, the American Bar Association warned that the U.S. legal profession is facing growing political pressure and retaliation, echoing patterns seen in authoritarian regimes like Belarus and Poland. Judges and lawyers in …
Amicus Brief: Solo and Small Firm Lawyers Support Susman Godfrey LLP
This document is an amicus brief filed by 777 solo and small firm lawyers in support of Susman Godfrey LLP’s challenge to a 2025 Executive Order issued by President Trump. The brief argues that the order threatens constitutional rights, undermines legal ethics, and endangers the ability of independent lawyers to represent clients—especially those who are politically disfavored. Readers will find a detailed legal argument for why the order should be struck down as unconstitutional.
Piomelli (2009), “The Challenge of Democratic Lawyering”
Democratic lawyers believe-as much of the rest of U.S. society and the bar do not-that ordinary people, acting collectively with peers, receptive professionals, and other allies, can and must play a leading role in efforts to reshape our society and political
Zacharias (2009), “True Confessions About the Role of Lawyers in a Democracy”
This essay suggests that, in a very limited sphere, lawyers play a unique role in the protection of the rule of law.
Luban (2021), “Complicity and Lesser Evils: A Tale of Two Lawyers”
This Article explores that dilemma in a stark form: through the moral biographies of two lawyers in the Third Reich, both of whom stayed on the job, and both of whom can lay claim to mitigating evil.
Gatto (2016), “Race Law Revisited: A Brief Review of Anti-Semitism and the Role of Lawyers in Fascist Italy”
This article analyzes the ethical dilemmas faced by Italian lawyers during World War II, focusing on their roles in Fascist society, their responses to Mussolini’s 1938 race laws, and their involvement in addressing the treatment of Jews in Italy, drawing on legal histories and survivor narratives.
Fybel (2022), “Judges, Lawyers, Legal Theorists, and the Law in Nazi Germany”
This essay argues that the German legal system, including courts, judges, and lawyers, enabled and often supported the Nazi regime’s rise and its race-based atrocities by legitimizing Hitler’s incremental consolidation of power under the guise of law.