Lisa Hilbink and Matthew C. Ingram, “Courts and Rule of Law in Developing Countries.” Oxford Research Encyclopedia of Politics (23 May 2019). Summary: Under what conditions can courts be effective and the rule of law …
Global Comparison
Davis (2025), “The ‘Case’ for Independent Courts: The Insurance Theory of Judicialization in Autocracies.”
Taraleigh Davis, “The ‘Case’ for Independent Courts: The Insurance Theory of Judicialization in Autocracies.” Journal of Law and Courts, vol. 13, no. 1 (2025): 35–50. Summary: Why would authoritarian rulers allow for an independent judiciary …
Dichio (2024), “Stewards, defenders, progenitors, and collaborators: Courts in the age of democratic decline.”
Michael A. Dichio, “Stewards, defenders, progenitors, and collaborators: Courts in the age of democratic decline.” Law and Policy, vol. 47, no. 1 (2025): e12251. Summary: In this introductory essay to the special issue of Law …
Moustafa (2007), “The Politics of Domination: Law and Resistance in Authoritarian States”
This article argues that entrenched authoritarian regimes strengthen judicial institutions to consolidate power by attracting investment, enforcing bureaucratic discipline, maintaining elite coalitions, and legitimizing controversial reforms.
McEvoy and Bryson (2022), “Boycott, Resistance and the Law: Cause Lawyering in Conflict and Authoritarianism”
This article explores how cause lawyers operate in authoritarian or conflicted settings where legal outcomes are often predetermined and victories are rare.
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.
Hopgood (2016), “Law and Lawyers in a World After Virtue”
David Kennedy’s critical legal scholarship challenges the traditional monopoly lawyers and legal scholars hold over defining law’s purpose, highlighting law as a form of political struggle rather than a neutral system.
Stauffer (2007), “The Rule of Law and its Shadow: Ambivalence, Procedure, and the Justice Beyond Legality”
This article argues that attorneys have a duty to act as guardians of justice in a legal order fraught with moral ambiguity and political pressure.
Smith (2022), “Judges and Democratization: Judicial Independence in New Democracies”
B.C. Smith, Judges and Democratization: Judicial Independence in New Democracies (2nd ed.). Oxfordshire: Routledge, 2022. Summary: This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be …
Graver (2016), “Judging Without Impunity: On the Criminal Responsibility of Authoritarian Judges.”
Hans Petter Graver, “Judging Without Impunity: On the Criminal Responsibility of Authoritarian Judges”. Bergen Journal of Criminal Law & Criminal Justice, vol. 4, no.1 (2016): 125-49. Summary: The purpose of this article is to examine …