University of Wisconsin–Madison

Category: Politics Within the Legal Profession

Dorf and Chu (2018), “Lawyers as Activists: From the Airport to the Courtroom”

This article highlights the crucial role lawyers played in resisting authoritarian-leaning actions during a period of democratic backsliding in the United States, specifically under the Trump administration.

Abel (1985), “Lawyers and the Power to Change”

This article examines the marginalized yet politically potent fringe of the legal profession—lawyers who neither represent commercial interests nor serve as state functionaries, but who dedicate their practice to advancing the interests of the poor and disenfranchised.

Moliterno (2013), The American Legal Profession in Crisis: Resistance and Responses to Change

This work explores the American legal profession’s historical tendency to resist reform, particularly in moments of crisis that threaten its identity or institutional norms.

Sinnar (2017), “Human Rights, National Security, and the Role of Lawyers in the Resistance”

This article examines the role of lawyers in resisting democratic backsliding and authoritarian policymaking in the United States, particularly during the Trump administration.

Mortazavi (2017), “The Cost of Avoidance: Pluralism, Neutrality, and the Foundations of Modern Legal Ethics”

The article argues that the legal profession’s shift to “neutral partisanship” in 1969 undermines lawyers’ ability to uphold justice and democracy by suppressing moral and ethical engagement.

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 …

Trochev, Solomon (2018), “Authoritarian constitutionalism in Putin’s Russia: A pragmatic constitutional court in a dual state”

Alexei Trochev & Peter Solomon, “Authoritarian constitutionalism in Putin’s Russia: A pragmatic constitutional court in a dual state.” Communist and Post-Communist Studies, vol 51, no 3 (2018): 201-214.  Summary: This article analyzes the successful adaptation of the Russian Constitutional Court (RCC) to an increasingly authoritarian regime under President Vladimir Putin. It argues that the key to …

Cheh (2005), “Should Lawyers Participate in Rigged Systems: The Case of the Military Commissions”

This article examines whether lawyers should participate in legal proceedings that offer only the illusion of justice, potentially legitimizing a flawed system, or instead refuse involvement to preserve professional integrity.

Godsoe, Smith, Yaroshefsky (2022), “Can You Be a Legal Ethics Scholar and Have Guts?”

The article also offers a framework for action, including filing disciplinary complaints and embracing a more publicly engaged model of legal ethics scholarship.

Kroncke (2025), “Legal Complicity in an Age of Resurgent Authoritarianism”

This article critiques the ethical assumptions underlying liberal legal professionals’ engagement with authoritarian regimes, particularly through the lens of modernization theory, which once promised that economic development would naturally lead to democratization.