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"Chronicling and analyzing resistance to the threat that autocracy poses to American liberal democracy, this book provides the definitive account of the rise of Trump's populist support in 2016, and his failed efforts to nullify the result of the 2020 election. This book is about the threat of autocracy, which antedated Donald Trump and will persist after he leaves the stage. Autocracy negates both liberalism - which includes the protection of fundamental rights, the rule of law, separation of powers, and respect for specialist expertise - and democracy - which requires that the state be responsible to an electorate composed of all eligible voters - by concentrating unconstrained power in a single individual. Anticipating defeat in the 2016 election, Trump attacked suggestions that he had sought, or even benefited from, Russian assistance despite the evidence; and he made repeated claims of election fraud. In 2020, fearful that his mishandling of the pandemic had alienated voters, he intensified the allegations of fraud, demanding recounts, pressuring state legislatures and state election officials, advancing bizarre conspiracy theories, and finally calling for a massive demonstration, urging protesters to march to the Capitol to pressure Congress, promising to accompany them. But, as this book documents, Trump's efforts to nullify the result of the 2020 election failed. As the courts rejected his numerous challenges, state election officials loyally performed their statutory duties, the Justice Department found no evidence of fraud, and politicians from all sides certified Biden's victory, this book traces the many, and varied, forms of the defense of liberal democracy located within both the state and civil society: including law (judges, government lawyers, and private practitioners), the media, NGOs, science (and other forms of expertise) and civil servants (in federal, state and local government). Evaluating their efficacy, the book maintains, is vital if - as history has repeatedly taught us - the price of liberal democracy, like that of liberty itself, is eternal vigilance. This definitive account and analysis of Trumpism and the resistance to it will appeal to scholars, students and others with interests in politics, populism and the rule of law; and, more specifically, to those concerned with resisting the threat that autocracy poses to liberal democracy"--

"Chronicling and analyzing resistance to the threat that autocracy poses to American liberal democracy, this book provides the definitive account of both Trump's efforts to erode democracy's essential elements and opposition to those efforts. This book is about the threat of autocracy, which antedated Donald Trump and will persist after he leaves the stage. Autocrats blur or breach the separation of powers, use executive orders to bypass the legislature, pack the courts, replace career prosecutors with political appointees, abuse the pardon power, and claim immunity from the law. They seek to hobble opposition from civil society by curtailing speech and assembly, tolerating and even encouraging vigilante violence, and attacking the media. As this book demonstrates, Trump followed the autocrat's playbook in many ways. He was a huckster of hate, aiming his vitriol at women and racial minorities, and making attacks on immigrants the focus of his 2016 campaign, as well as his first years in office. Nevertheless, his rhetoric and policies encountered widespread opposition - from religious leaders, business executives, lawyers and bar associations, and civil servants. His executive orders (on which he relied) were almost all struck down by courts: including the first two "Muslim bans," the detention of children and their separation from parents, the diversion of military funds to build the border wall, the insertion of a citizenship question in the Census, and limits on asylum. Just as Trump sought to weaponize the criminal justice system against his political opponents, so he manipulated it to defend his cronies, derailing some of their prosecutions. Trump also intervened in courts martial and criminal prosecutions of those convicted of war crimes in Afghanistan and Iraq, and those accused of desertion and terrorism. Again, however, there was resistance: as some career prosecutors withdrew from cases or resigned when subjected to political pressure and federal courts convicted all of Trump's allies- even though the president went on to use his unreviewable pardon power. This book, then, documents the abuses that are characteristic of autocracy, and assesses the various forms of resistance to them. This definitive account and analysis of Trumpism in action, as well as the resistance to it, will appeal to scholars, students and others with interests in politics, populism and the rule of law; and, more specifically, to those concerned with resisting the threat that autocracy poses to liberal democracy"--

"The 'War on Terror', which the US launched after the 9/11 attacks, profoundly challenged the rule of law during the 16 years of the Bush and Obama administrations. In the companion volume, 'Law's Wars', I defined the rule of law, explained its importance, and charted its fate across five contested terrains : Abu Ghraib, Guantánamo Bay, interrogation and torture, electronic surveillance, and battlefield law of war crimes. I focused on the roles of two state institutions (executive and legislature) and civil society (media, lawyers, and NGOs) in defending the rule of law. Because the judiciary claims to be independent and apolitical, it is seen as the ultimate bulwark of the rule of law. The present volume, therefore, deals exclusively with judicial proceedings. Chapter One draws on history, primarily US and especially in moments of crisis, to derive research questions about when and how courts successfully defend the rule of law. The book then discusses six legal processes : criminal prosecutions of accused terrorists; courts martial of military service members for law of war violations; military commissions for Guantánamo prisoners, especially the so-called High Value Detainees; habeas corpus petitions by Guantánamo detainees (and a few others); civil damage actions by (and compensation schemes for) victims of both the "War on Terror" and terrorism; and civil liberties violations and responses to Islamophobia. The concluding chapter compares the fate of the rule of law across these six domains, as well as with the contested terrains examined in 'Law's Wars'. Although the two volumes address some of the same issues, they contain almost no overlap and can be read separately"--

The US 'war on terror', which Bush declared and Obama continued, repeatedly violated fundamental rule of law values. Law's Wars: The Fate of the Rule of Law in the US 'War on Terror' is the first comprehensive account of efforts to resist and correct those violations. It focuses on responses to abuses in Abu Ghraib, efforts by Guantánamo Bay detainees to improve conditions of confinement in and win release, exposés of and efforts to end torture and electronic surveillance, and civilian casualties on the battlefield, including targeted killings. Abel deploys a law and society perspective to construct and analyze detailed narratives of the roles of victims, whistle-blowers, the media, NGOs, lawyers, doctors, politicians, military personnel, foreign governments and international organizations in defending the rule of law. Only by understanding past errors can we hope to prevent their repetition in what promises to be an endless 'war on terror'.

ch. 1. Speaking with the ogre -- ch. 2. Politics by other means? -- ch. 3. Carving loopholes in the pass laws -- ch. 4. White resistance to the military -- ch. 5. Seeking recognition -- ch. 6. Mpophomeni and the war in Natal -- ch. 7. State terrorism : the response of law and medicine to police torture -- ch. 8. Censorship and the closure of the new nation -- ch. 9. The Alexandra treason trial -- ch. 10. Bakwena ba Magopa : the last forced removal -- ch. 11. Moutse and KwaNdebele : ethnicity and gender in the challenge to grand apartheid -- ch. 12. Disestablishing Oukasie -- ch. 13. The roles of law.

Richard L. Abel presents the stories of ten California lawyers who broke the rules: hiring an ex-cop to chase ambulances flouting fee limitations in medical malpractice cases, creating a fictitious company and impersonating non-existent people in order to appropriate Sega's computer games

Using detailed records of disciplinary proceedings and six disciplinary case studies, Abel describes the actions surrounding certain cases based on three of the most common complaints: neglecting the client, overcharging of clients, and betraying adversaries and courts out of excessive loyalty to clients or causes

During the 1990s, reforms in the English legal profession transformed traditions, over the vigorous objections of the judiciary, Bar, and Law Society. This book mines that tumultuous period for insights into the prospects of professionalism in the 21st century.

Preface / Philip S.C. Lewis -- Revisioning lawyers / Richard L. Abel -- England and Wales: a comparison of the professional projects of barristers and solicitors / Richard L. Abel -- German advocates: a highly regulated profession / Erhard Blankenburg and Ulrike Schultz -- The present state of Japanese practicing attorneys: on the way to full professionalization? / Kahei Rokumoto -- Legal experts in Belgium / Luc Huyse -- The Venezuelan legal profession: lawyers in an inegalitarian society / Rogelio P(c)♭rez Perdomo -- Feminization of the legal profession: the comparative sociology of women lawyers / Carrie Menkel-Meadow -- Putting law back into the sociology of lawyers / Richard L. Abel and Philip S.C. Lewis

This detailed portrait of American lawyers traces their efforts to professionalize during the last 100 years by erecting barriers to control the quality and quantity of entrants. Abel describes the rise and fall of restrictive practices that dampened competition among lawyers and with outsiders. He shows how lawyers simultaneously sought to increase access to justice while stimulating demand for services, and their efforts to regulate themselves while forestalling external control. Data on income and status illuminate the success of these efforts. Charting the dramatic transformation of the pr

The Politics of Informal Justice.

The Trump administration directly attacked and indirectly subverted liberal democracy in many ways. This article describes several pivotal attacks and evaluates the efficacy of efforts to defend liberal democracy. It begins by analyzing how the administration continued to wage the US "war on terror," contrasting its behavior with that of the Bush and Obama administrations with respect to indefinite detention in Guantánamo Bay, torture, electronic surveillance, civilian casualties, criminal prosecutions for terrorism, courts martial, military commissions, habeas corpus petitions, and civil liberties. Judicial decisions in civil liberties cases correlated significantly with the party of the appointing president in all three administrations, most strongly among those by Trump appointees. I then turn to two of Trump's central preoccupations: immigration and the Russia investigation. Having based his 2016 campaign on demonizing immigrants, President Trump sought to execute his threats through executive orders and other actions. Almost all were struck down by courts in cases where judges divided along political lines, most dramatically in the Supreme Court. Frustrated by his inability to block the Mueller investigation into Russian interference in the 2016 election, Trump sought to intervene in the prosecutions of his underlings that emerged from that inquiry. He attacked the FBI, appointed a compliant Attorney General (who substituted his subordinates for independent prosecutors, changed sentencing recommendations and withdrew successful prosecutions), dangled the prospect of pardons to ensure the silence of the accused, and granted them after conviction. The central lesson of this appalling era of American history is that law is inescapably political. Where politicians appoint judges and government lawyers, the defense of liberal democracy ultimately rests on the ballot box.