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Lawyers and Democratic Decline
Studying the roles of lawyers in the decline of democracy.
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Politics Within the Legal Profession

Trochev & Ellett. (2014). “Judges and their allies: rethinking judicial autonomy through the prism of off-bench resistance”

Posted on December 6, 2025

Trochev, A., & Ellett, R. (2014). Judges and their allies: rethinking judicial autonomy through the prism of off-bench resistance. Journal of Law and Courts, 2(1), 67-91.   The social construction of judicial power is a complicated process, …

Posted in Politics Within the Legal ProfessionLeave a comment

Wang (2020), “Pre-Empting Court-Civil Society Synergy: How China Balances Judicial Autonomy and Legal Activism”

Posted on August 6, 2025

This article examines the evolving stance of Chinese administrations towards judicial autonomy and legal activism over the past two decades.

Posted in Evidence of Lawyers' Resistance, Politics Within the Legal ProfessionTagged Asia, China, WangLeave a comment

Pei (2010), “Rights and Resistance: The Changing Contexts of the Dissident Movement”

Posted on August 6, 2025

This chapter explores how rapid economic growth and legal reforms in China have reshaped the dissident movement by creating new political and legal spaces for rights assertion.

Posted in Evidence of Lawyers' Resistance, Politics Within the Legal ProfessionTagged Asia, China, PeiLeave a comment

Borsuk, Dinç, Kavak, and Sayan (2021), “Consolidating and Contesting Authoritarian Neoliberalism in Turkey: Towards a Framework”

Posted on August 6, 2025

This chapter examines Turkey’s transformation from a hopeful democratic state to a key example of democratic backsliding under the Justice and Development Party (AKP).

Posted in Evidence of Lawyers' Resistance, Politics Within the Legal ProfessionTagged Asia, Borsuk, Dinç, Kavak, Sayan, TurkeyLeave a comment

Berenson (2000), “Public Lawyers, Private Values: Can, Should, and Will Government Lawyers Serve the Public Interest?”

Posted on August 6, 2025

This article defends the notion that government lawyers have heightened responsibilities to serve the public interest, especially within the unique context of government litigation.

Posted in Ethics and Professional Responsibility, Politics Within the Legal ProfessionTagged Berenson, Global ComparisonLeave a comment

Ryo and Peacock (2021), “Represented but Unequal: The Contingent Effect of Legal Representation in Removal Proceedings”

Posted on August 6, 2025

This study investigates how the effectiveness of legal representation in immigration removal proceedings in the United States varies based on judicial and political context.

Posted in Politics Within the Legal Profession, Structure of the Legal ProfessionTagged North America, Peacock, Ryo, United States of AmericaLeave a comment

Billig (1985), “The Lawyer Terrorist and His Comrades”

Posted on August 6, 2025

This article explores the transformation of Horst Mahler, a young German lawyer, into a founding member of the Red Army Faction—a far-left terrorist group active in West Germany during the 1970s.

Posted in Ethics and Professional Responsibility, Politics Within the Legal ProfessionTagged Billig, Europe, GermanyLeave a comment

O’Brien (2023), “Neither Withdrawal Nor Resistance: Adapting to Increased Repression in China”

Posted on August 6, 2025

In the face of growing repression in China, some lawyers, along with pastors and NGOs, are navigating authoritarian constraints not through resistance but through strategic accommodation.

Posted in Ethics and Professional Responsibility, Evidence of Lawyers' Resistance, Politics Within the Legal ProfessionTagged Asia, China, O'BrienLeave a comment

Roiphe (2019), “A Typology of Justice Department Lawyers’ Roles and Responsibilities”

Posted on August 6, 2025

This article examines the evolving role of U.S. Department of Justice (DOJ) lawyers under the Trump administration, amid increasing concerns over democratic backsliding.

Posted in Ethics and Professional Responsibility, Politics Within the Legal Profession, Structure of the Legal ProfessionTagged North America, Roiphe, United States of AmericaLeave a comment

Sampford (2003), “Get New Lawyers!”

Posted on August 6, 2025

This article explores the ethical dilemmas faced by legal advisors and political actors in high-stakes international conflicts, using the Kosovo war as a case study.

Posted in Ethics and Professional Responsibility, Politics Within the Legal ProfessionTagged Global Comparison, SampfordLeave a comment
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