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Full-Text Articles in Law
Pitfalls Of Measuring The Rull Of Law, Tom Ginsburg
Pitfalls Of Measuring The Rull Of Law, Tom Ginsburg
Tom Ginsburg
The recent demand for new measures of the rule of law confronts several meth- odological challenges. This article calls for careful attention to fundamental social science ideas of conceptualization and measurement in approaching the rule of law. Efforts to measure complex social phenomena such as the rule of law are chal- lenging, and thus require that researchers and policy makers pay attention to the cautionary rules of social science in their efforts. Violating these basic rules risks producing measures that are not reliable or valid, and could be a bad basis for policymaking. This paper demonstrates some of the pitfalls …
On The Evasion Of Executive Term Limits, Tom Ginsburg
On The Evasion Of Executive Term Limits, Tom Ginsburg
Tom Ginsburg
Executive term limits are pre-commitments through which the polity restricts its ability to retain a popular executive down the road. But in recent years, many presidents around the world have chosen to remain in office even after their initial maximum term in office has expired. They have largely done so by amending the constitution, or sometimes by replacing it entirely. The practice of revising higher law for the sake of a particular incumbent raises intriguing issues that touch ultimately on the normative justification for term limits in the first place. This article reviews the normative debate over term limits and …
An Economic Interpretation Of The Pashtunwali, Tom Ginsburg
An Economic Interpretation Of The Pashtunwali, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Empiricism And The Rising Incidence Of Co-Authorship In Law, Tom Ginsburg, Thomas J. Miles
Empiricism And The Rising Incidence Of Co-Authorship In Law, Tom Ginsburg, Thomas J. Miles
Tom Ginsburg
The recent growth of empirical scholarship in law, which some have termed “empirical legal studies,” has received much attention. A less-noticed implication of this trend is its potential impact on the manner of scholarly production in legal academia. A common pre- diction is that academic collaboration rises with scholarly specializa- tion. As the complexity of a field grows, more human capital and more diverse types of human capital are needed to make a contribu- tion. This Article presents two tests of whether empiricism has spurred more coauthorship in law. First, the Article shows that the fraction of articles in the …
In Defense Of Imperialism? The Rule Of Law And The State-Building Project, Tom Ginsburg
In Defense Of Imperialism? The Rule Of Law And The State-Building Project, Tom Ginsburg
Tom Ginsburg
No abstract provided.