University of Wisconsin–Madison

Category: Politics Within the Legal Profession

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, (2014): 281–299. 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, shape interactions …

Michelson (2007), “Lawyers, Political Embeddedness, and Institutional Continuity in China’s Transition From Socialism”

Ethan Michelson. “Lawyers, Political Embeddedness, and Institutional Continuity in China’s Transition From Socialism.” The American Journal of Sociology, vol. 113, no. 2 (2007): 352–414. This article examines how Chinese lawyers navigate professional challenges by developing and relying on political embeddedness, defined as their bureaucratic, instrumental, or personal ties to state actors. Drawing on data from …

Gallagher (2017), Authoritarian Legality in China: Law, Workers, and the State

Mary E. Gallagher. Authoritarian Legality in China: Law, Workers, and the State. Cambridge, U.K.: Cambridge University Press, 2017. This book explores how authoritarian regimes may adopt democratic legal institutions to reinforce their rule, using China’s protective labor laws and judicial access as a case study. It analyzes how Chinese workers mobilize these laws and under …

Chua (2012), “Pragmatic Resistance, Law, and Social Movements in Authoritarian States: The Case of Gay Collective Action in Singapore”

Lynette J. Chua. “Pragmatic Resistance, Law, and Social Movements in Authoritarian States: The Case of Gay Collective Action in Singapore.” Law & Society Review, vol. 46, no. 4 (2012): 713-748. This article examines how legal strategies shape advocacy under authoritarian rule through a qualitative study of Singapore’s gay movement. It analyzes how activists engage in …

Wang (2024), “Embedded Supervision: China’s Prosecutorial Public Interest Litigation Against Government”

Yueduan Wang. “Embedded Supervision: China’s Prosecutorial Public Interest Litigation Against Government.” Regulation & Governance, (2024): 1-41. This study challenges the assumption that diminished institutional autonomy necessarily weakens legal oversight in authoritarian regimes. Focusing on prosecutor-led public interest litigation in China, it shows that legal professionals can, under certain conditions, enhance their influence over state agencies …

Wang and Xia (2024), “State-Sponsored Activism: How China’s Law Reforms Impact NGOs’ Legal Practice”

Yueduan Wang and Ying Xia. “State-Sponsored Activism: How China’s Law Reforms Impact NGOs’ Legal Practice.” Law & Social Inquiry, vol. 49, no. 1 (2024): 451–77. This study explores how attorneys and law-related NGOs navigate legal opportunities in China amid ongoing democratic backsliding. Following “law-based governance” reforms that professionalized the judiciary, expanded legal aid, and granted …

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

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, especially in hybrid political regimes. The authors argue that off-bench resistance against blatant interference supported by vibrant social networks is an …