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[Dis-]Informing The People's Discretion: Judicial Deference Under The National Security Exemption Of The Freedom Of Information Act, Tom Ginsburg, Susan N. Mart
[Dis-]Informing The People's Discretion: Judicial Deference Under The National Security Exemption Of The Freedom Of Information Act, Tom Ginsburg, Susan N. Mart
Tom Ginsburg
No abstract provided.
Judicial Independence In East Asia: Implications For China, Tom Ginsburg
Judicial Independence In East Asia: Implications For China, Tom Ginsburg
Tom Ginsburg
This chapter explores the experience of China’s East Asian neighbors with regard to judicial independence, with an eye toward drawing lessons for China’s own reforms. Japan, Korea and Taiwan collectively provide a useful vantage point to examine developments in China because their rapid growth from the 1950s through the 1990s represents that greatest sustained example of rapid growth in world history. The only comparable period of growth is that of contemporary China, now nearing the end of its third decade. The East Asian cases are also relevant to China because the countries in the region share certain cultural traditions, and …
Reputation, Information And The Industrial Organization Of The Judiciary, Tom Ginsburg, Nuno Garoupa
Reputation, Information And The Industrial Organization Of The Judiciary, Tom Ginsburg, Nuno Garoupa
Tom Ginsburg
The reputation of the judiciary, individually or as a whole, determines its status in any given society and its ability to compete effectively for resources. We analyze reputation and make three claims. First, reputation matters. Virtually every theory of judicial power is dependent, ultimately, on perceptions of judges, who famously lack the purse or the sword. Our second claim is that reputation can be divided into individual and collective components. Individual reputation provides information about individual performance whereas collective reputation provides information about the quality of the judiciary in general. We use the economics of team production to analyze the …
Guarding The Guardians: Judicial Councils And Judicial Independence, Tom Ginsburg, Nuno Garoupa
Guarding The Guardians: Judicial Councils And Judicial Independence, Tom Ginsburg, Nuno Garoupa
Tom Ginsburg
This Article uses comparative evidence to inform the ongoing debate about the selection and discipline of judges. In recent decades, many countries around the world have created judicial councils, institutions designed to maintain an appropriate balance between judicial independence and accountability. Our Article has two aims. First, we provide a theory of the formation of judicial councils and identify some of the dimensions along which they differ. Second, we test the extent to which different designs of judicial council affect judicial quality. We find that there is little relationship between councils and quality. We also offer a positive explanation for …