University of Wisconsin–Madison

Archive

Dressel, Bonoan (2024), “Courts and Authoritarian Populism in Asia: Reflections from Indonesia and the Philippines

Björn Dressel and Cristina Regina Bonoan, “ Courts and Authoritarian Populism in Asia: Reflections from Indonesia and the Philippines.” Law & Policy, vol. 46, no. 3 (2024): 277–297.  Summary: Authoritarian populism has been making a comeback in Asia, as illustrated in Southeast Asia’s most important presidential regimes: the Philippines and Indonesia. In the Philippines, President …

Moustafa (2007), “The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt.”

Tamir Moustafa, The Struggle for Constitutional Power: Law, Politics, and Economic Development in Egypt. Cambridge, U.K.: Cambridge University Press, 2007. Summary: This book examines how judicial reform can both support and destabilize authoritarian regimes, using Egypt’s Supreme Constitutional Court as a case study. It investigates the paradox of a regime that created a relatively independent court to …

Moustafa (2014), “Law and Courts in Authoritarian Regimes.”

Tamir Moustafa, “Law and Courts in Authoritarian Regimes.” Annual Review of Law and Social Science, vol. 10, no.1 (2014): 281–299. Summary: This article surveys emerging research on the role of courts in authoritarian regimes, challenging earlier assumptions that they function solely as instruments of repression. It highlights how courts can serve as tools of governance, …

Satterthwaite (2023), Unchecking Power and Capturing Courts: How Autocratization Erodes Independent Judicial Systems.”

Margaret L  Satterthwaite, “Unchecking Power and Capturing Courts: How Autocratization Erodes Independent Judicial Systems.” Rutgers University Law Review, vol. 76 (2023): 1147-1188. Summary: This article addresses the critical role of an independent and effective judiciary in safeguarding democracy amid rising global autocratization. It highlights how autocratic and authoritarian leaders—often initially elected—use a range of strategies …

Osiel (1995), “Dialogue with Dictators: Judicial Resistance in Argentina and Brazil,”

Mark J. Osiel, “Dialogue with Dictators: Judicial Resistance in Argentina and Brazil.” Law & Social Inquiry, vol. 20, no. 2 (1995): 481-560.  Summary: This article explores how judges respond to authoritarian pressure by analyzing judicial behavior under military rule in Argentina and Brazil. It investigates whether particular theories of legal interpretation—such as positivism, legal realism, or …

Toharia (1975), “Judicial Independence In An Authoritarian Regime: The Case Of Contemporary Spain,”

Jose J. Toharia, “Judicial Independence In An Authoritarian Regime: The Case Of Contemporary Spain.” Law & Society Review, vol. 9, no. 3 (1975): 475-496. Summary: This article challenges the reliability of global indicators in assessing judicial independence in Latin America, arguing that such metrics often overlook the complexity of judicial behavior in politically repressive contexts. While …

Susman Godfrey LLP v. Executive Office of the President

In April 2025, President Donald J. Trump issued an Executive Order targeting the law firm Susman Godfrey LLP based on the clients it represents and the causes it supports. This opinion from the U.S. District Court for D.C. finds the order unconstitutional, citing grave violations of free speech, due process, and separation of powers.

ABA President Bill Bay Speaks on “Defending Justice & the Rule of Law”

In this captivating talk, ABA President Bill Bay delivers a powerful message on the vital importance of defending justice and upholding the rule of law. Drawing on his extensive legal experience, Bay emphasizes the fundamental role of legal institutions in preserving democracy and protecting individual rights. He discusses key challenges facing the legal system today, …

Complaint: Federal Government Sues Maryland District Judges Over Immigration Injunctions

In a rare and sweeping legal move, the U.S. Department of Justice has sued all federal judges in Maryland, accusing them of overstepping their authority by issuing automatic injunctions that block immigrant removals without case-by-case review. The complaint warns that these standing orders unlawfully tie the hands of federal immigration authorities and undermine the balance of powers between the judiciary and the executive branch.

Whistleblower Disclosure: Erez Reuveni

This document contains the official whistleblower complaint submitted by Erez Reuveni, a senior Department of Justice attorney, who was terminated after refusing to mislead a federal court about a wrongful deportation. The letter details serious allegations against DOJ and White House officials, including defiance of court orders, abuse of authority, and endangerment of noncitizens. It was submitted to multiple oversight bodies by the Government Accountability Project and Gilbert Employment Law on June 24, 2025.