University of Wisconsin–Madison

Category: Evidence of Lawyers’ Resistance

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 …

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, …

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 …

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 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 …

Dias & Schapiro (2026). “Resisting democratic backsliding from within the state: Environmental politics in Bolsonaro’s Brazil.”

Dias, V. M., & Schapiro, M. G. (2026). Resisting democratic backsliding from within the state: Environmental politics in Bolsonaro’s Brazil. Policy Studies Journal. https://doi.org/10.1111/psj.70101 The article argues that polycentric governance can enable meaningful resistance to democratic backsliding from within the state by fragmenting executive power across multiple institutions with overlapping authority. Focusing on environmental politics …

Vieira (2024). “Battle of powers”.

Vieira, O. V. (2024). Battle of powers. Wilson Center & FGV São Paulo Law School. n the epilogue of Battle of Powers, Oscar Vilhena Vieira argues that Brazil’s democracy survived the Bolsonaro era because constitutional institutions—above all the Supreme Federal Tribunal (STF) and the Superior Electoral Tribunal (TSE)—embraced a role of defensive democracy. From 2019 …

Helmke (2004). “Courts under constraints: judges, generals, and presidents in Argentina”.

Helmke, G. (2004). Courts under constraints: judges, generals, and presidents in Argentina. Cambridge University Press. This study offers a theoretical framework for understanding how institutional instability affects judicial behavior under dictatorship and democracy. In stark contrast to conventional wisdom, the central findings of the book contradict some assumptions that only independent judges rule against the government …