University of Wisconsin–Madison

Category: Politics Within the Legal Profession

López (2025), “Critical Curriculum Design: Teaching Law in an Age of Rising Authoritarianism”

Rachel López. “Critical Curriculum Design: Teaching Law in an Age of Rising Authoritarianism.” Minnesota Law Review, vol. 109, no. 2 (2025): 81-111. This article examines how legal education in the United States contributes to democratic backsliding by producing lawyers who are technically proficient but often disengaged from democratic values. It argues that the traditional model …

Aboueldahab (2023), “Transitional Justice as Repression and Resistance: Practices in the Arab World”

Noha Aboueldahab. “Transitional Justice as Repression and Resistance: Practices in the Arab World.” Journal of International Criminal Justice, vol. 21, no. 4 (2023): 701-717. This article analyzes how transitional justice in the Arab World operates as both a mechanism of state repression and a form of legal resistance, particularly in the wake of the Arab …

Pils (2017), “From Independent Lawyer Groups to Civic Opposition: The Case of China’s New Citizen Movement”

Eva Pils. “From Independent Lawyer Groups to Civic Opposition: The Case of China’s New Citizen Movement.” Asian-Pacific Law & Policy Journal, vol. 19, no. 1 (2017): 110-152. This article explores how lawyers in authoritarian and backsliding regimes, specifically China, shift from legal professionals to civic activists in response to systemic institutional dysfunction. The article centers …

Liu, Hsu, and Halliday (2019), “Law as a Sword, Law as a Shield. Politically Liberal Lawyers and the Rule of Law in China”

Sida Liu, Ching-Fang Hsu, and Terence C. Halliday. “Law as a Sword, Law as a Shield. Politically Liberal Lawyers and the Rule of Law in China.” China Perspectives, vol. 2019, no. 1 (2019): 65-73. This article investigates how politically liberal lawyers in China and Hong Kong understand and utilize the concept of the rule of …

Fu (2018), “The July 9th (709) Crackdown on Human Rights Lawyers: Legal Advocacy in an Authoritarian State”

Hualing Fu. “The July 9th (709) Crackdown on Human Rights Lawyers: Legal Advocacy in an Authoritarian State.” Journal of Contemporary China, vol. 27, no. 112 (2018): 554-568. This article examines the 2015 crackdown on human rights lawyers in China, situating it within the broader political context of increasing authoritarian control. It analyzes the emergence and …

Türem (2025), “Professional Liquidation in the Context of Autocratic Legalism: Lawyers, Class, and Status in Turkey, 2002–?”

Umut Z. Türem. “Professional Liquidation in the Context of Autocratic Legalism: Lawyers, Class, and Status in Turkey, 2002–?.” Law & Social Inquiry, First View (2025): 1-32. This article argues that discussions of autocratic legalism must include the legal profession alongside the judiciary, using Turkey as a case study. It shows that in contexts where the …

Lei (2018), The Contentious Public Sphere: Law, Media, and Authoritarian Rule in China

Ya-Wen Lei. The Contentious Public Sphere: Law, Media, and Authoritarian Rule in China. Princeton, U.S.: Princeton University Press, 2018. This book explores how China’s authoritarian state, through law, media, and the Internet, has unintentionally fostered a growing and contentious public sphere. Despite censorship and civil society restrictions, this public sphere has enabled citizens to engage …

Haddad and Sundstrom (2023), “Foreign Agents or Agents of Justice? Private Foundations, Backlash Against Non-Governmental Organizations, and International Human Rights Litigation”

Heidi Nichols Haddad and Lisa McIntosh Sundstrom. “Foreign Agents or Agents of Justice? Private Foundations, Backlash Against Non-Governmental Organizations, and International Human Rights Litigation.” Law & Society Review, vol. 57, no. 1 (2023): 12-35. This article critically examines the claim behind Russia’s 2012 “Foreign Agents” Law that foreign funding drives NGO agendas, focusing on human …

Hendley (2022), “Legal Dualism as a Framework for Analyzing the Role of Law Under Authoritarianism”

Kathryn Hendley. “Legal Dualism as a Framework for Analyzing the Role of Law Under Authoritarianism.” Annual Review of Law and Social Science, vol. 18, no. 1 (2022): 211-226. This article reexamines Ernst Fraenkel’s concept of the dual state, proposing the idea of legal dualism as a useful framework for understanding law under authoritarianism. Legal dualism …

Van der Vet (2018), “‘When They Come for You’: Legal Mobilization in New Authoritarian Russia”

Freek Van der Vet. “‘When They Come for You’: Legal Mobilization in New Authoritarian Russia.” Law & Society Review, vol.  52, no. 2 (2018): 301-336. This article investigates how Russian lawyers respond to escalating state repression under the country’s “new authoritarian” legal regime, marked by restrictive laws on NGOs, surveillance, and treason. Drawing on interviews, …