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In "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.
Introduction -- Historical perspectives -- Actor-centred perspectives -- System- oriented perspectives -- Justice and legitimacy.
This book shows that transitional justice succeeds when it makes transparent secret legacies of the former authoritarian regime.
Comparative constitutional law has a long and distinguished history in intellectual thought and in the construction of public law. As political actors and the people who create or modify their constitutional orders, they often wish to learn from the experience and learning of others. This cross-fertilization and mutual interaction has only accelerated with the onset of globalization, which has transformed the world into an interconnected web that facilitates dialogue and linkages across international and regional structures. Oxford Comparative Constitutionalism seeks to publish scholarship of the highest quality in constitutional law that deepens our knowledge of local, national, regional, and global phenomena through the lens of comparative public law. Book jacket.
Transnational corporations (TNCs) have moved to the forefront of regulatory governance both within states and in the international arena. The Research Handbook on Transnational Corporations provides expert background commentary and up-to-date insights into regulatory frameworks impacting on TNCs at global, industry and national levels. Written by global experts in their field, this unique collection of essays provides in-depth understanding of how the forces of globalisation affect the world’s largest corporations, and how those corporations, in turn, shape globalisation.
In 1960 Timothy Leary was not yet famous — or infamous — and Allen Ginsberg was both. Leary, eager to expand his experiments at the Harvard Psilocybin Project to include accomplished artists and writers, knew that Ginsberg held the key to bohemia's elite. Ginsberg, fresh from his first experience with hallucinogenic mushrooms in Mexico, was eager to promote the spiritual possibilities of psychedelic use. Thus, "America's most conspicuous beatnik" was recruited as Ambassador of Psilocybin under the auspices of an Ivy League professor, and together they launched the psychedelic revolution and turned on the hippie generation. White Hand Society weaves a fascinating and entertaining tale of ...
Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea. In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to...
Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.
Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be...
Written by members of the Social Imaginaries Editorial Collective, these programmatic essays showcase new critical interventions in understandings of social imaginaries and the human condition. They include a new comparative approach to theorizing Castoriadis, Ricoeur, and Taylor; the rethinking of the creative imagination in relation to common sense; analyses of political imaginaries in neoliberal and constitutional contexts from perspectives drawing on Gauchet and Lefort; and the taking up questions of historical continuity and discontinuity in civilizational worlds. In addressing pressing questions concerning social imaginaries, the book advances the field as a whole. The book includes a Foreword by George H. Taylor. This book is a must-read for all scholars interested in social and political imaginaries and will appeal to researchers and graduate students working across a wide variety of disciplines in the human sciences.