University of Wisconsin–Madison

Category: Structure of the Legal Profession

Nader (1995), “Lawyers and Law Students as Tools of Democracy”

The passage highlights that the true role of lawyers is to prevent injustice and promote democracy, elevating law from a trade to a profession.

Pavone (2024), “Lawyering in Hard Places: Comparative Dispatches from the Margins of Legality”

The article argues that in authoritarian and transitional contexts, cause lawyers often defy traditional roles by challenging state-aligned bar associations, supporting contentious movements, and using unconventional tactics to confront judicial and political oppression.

Fu and Cullen (2008), “Weiquan (Rights Protection) Lawyering in an Authoritarian State: Building a Culture of Public‐Interest Lawyering”

China’s legal profession has rapidly privatized, leading to greater lawyer organization and social advocacy within the one-party state, despite ongoing government control.

Stern (2017), “Activist Lawyers in Post-Tiananmen China”

The essay situates China’s Human Rights Lawyers within authoritarian legality studies, revealing how rights lawyers navigate China’s courts to pursue social activism amid the state’s efforts to use law while maintaining political control.

Oko (2000), “Consolidating Democracy on a Troubled Continent: A Challenge for Lawyers in Africa”

The article argues that lawyers are essential to Africa’s democratic transitions, but must overcome past associations with authoritarian regimes to regain public trust and fulfill their reformative potential.

Kapinga (1992), “The Legal Profession and Social Action in the Third World: Reflections on Tanzania and Kenya”

The legal professions in Tanzania and Kenya, despite operating under repressive state control, have played a crucial activist role in challenging authoritarianism—unlike their more individualistic counterparts in the West.

Shafqat (2019), “Civil Society and the Lawyers’ Movement of Pakistan”

This article analyzes how lawyers drove Pakistan’s 2007–2009 judicial movement, but civil society’s framing made its democratic impact possible.

Schaaf (2021), Litigating the Authoritarian State: Lawful Resistance and Judicial Politics in the Middle East

An examination of how citizens in Egypt, Jordan, and Palestine use law to resist authoritarianism, revealing that courts can serve as tools of accountability even under repressive regimes.

McEvoy, Mallinder, and Bryson (2022), Lawyers in Conflict and Transition

This book examines how lawyers in post-conflict and authoritarian states navigate repressive legal systems, weighing ethical obligations and risks as they choose to challenge or comply with injustice.

Stuart and Scheingold (2001), Cause Lawyering and the State in a Global Era

This book explores how globalization and democratization are enabling cause lawyers to use transnational networks to challenge the status quo and promote social change through legal advocacy.