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Articles 1 - 11 of 11
Full-Text Articles in Law
We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti
We The Peoples: The Global Origins Of Constitutional Preambles, Tom Ginsburg, Daniel Rockmore, Nick Foti
Tom Ginsburg
No abstract provided.
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins
Getting To Rights: Treaty Ratification, Constitutional Convergence, And Human Rights Practice, Tom Ginsburg, Zachary Elkins
Tom Ginsburg
Abstract: This article examines the adoption of rights in national constitutions in the post-WWII period in light of claims of global convergence. Using a new comprehensive database on the contents of the world’s constitutions, we observe a qualified convergence on the content of rights, in which some rights have become more popular while the prevalence of others has remained relatively flat. We show that a very important mechanism for convergence has been the international bill of rights, which has had a powerful coordinating effect on the rights adopted by national constitution-makers. In particular, we show that ratification of the International …
Comments On Law And Versteeg’S The Declining Influence Of The United States Constitution, Tom Ginsburg, Zachary Elkins, James Melton
Comments On Law And Versteeg’S The Declining Influence Of The United States Constitution, Tom Ginsburg, Zachary Elkins, James Melton
Tom Ginsburg
No abstract provided.
The Empirical Turn In International Legal Scholarship, Tom Ginsburg, Gregory Schaffer
The Empirical Turn In International Legal Scholarship, Tom Ginsburg, Gregory Schaffer
Tom Ginsburg
No abstract provided.
Studying Japanese Law Because It's There, Tom Ginsburg
Studying Japanese Law Because It's There, Tom Ginsburg
Tom Ginsburg
No abstract provided.
Eastphalia As A Return To Westphalia, Tom Ginsburg
Eastphalia As A Return To Westphalia, Tom Ginsburg
Tom Ginsburg
Prognosticators of the international scene have focused on two claims on which there is broad agreement: First, globalization is producing deep integration among nations, moving in the direction of quasi-constitutional global governance; and, second, Asia will significantly influence the world in decades to come. These two claims are in tension with each other. Asian countries have hardly been leaders in deep integration of the constitutionalist variety, though they have been effective participants in globalized markets. Projecting forward, one expects an Asia-dominated international law to emphasize traditional concerns of sovereignty, non-interference, and mutual cooperation rather than the constitutionalist vision of supranational …
National Courts, Domestic Democracy, And The Evolution Of International Law: A Reply To Eyal Benvenisti And George Downs, Tom Ginsburg
National Courts, Domestic Democracy, And The Evolution Of International Law: A Reply To Eyal Benvenisti And George Downs, Tom Ginsburg
Tom Ginsburg
No abstract provided.
International Delegation And State Disaggregation, Tom Ginsburg
International Delegation And State Disaggregation, Tom Ginsburg
Tom Ginsburg
Following Voigt and Salzberger (2002) this paper considers the tradeoff between international and domestic delegation devices, and argues that the two are largely complements rather than substitutes. It then explores the domestic separation of powers as an explanatory factor in understanding different levels of international delegation across states. It argues that the domestic separation of powers is a driving factor in propensity to delegate, and provides some empirical evidence in this regard. Federal states and those with bicameral legislatures are more likely to sign treaties and join international organizations. Presidential systems, however, are no more likely to do so than …
Judicial Audiences And Reputation: Perspectives From Comparative Law, Tom Ginsburg, Nuno Garoupa
Judicial Audiences And Reputation: Perspectives From Comparative Law, Tom Ginsburg, Nuno Garoupa
Tom Ginsburg
No abstract provided.
Commitment And Diffusion: Why Constitutions Incorporate International Law, Tom Ginsburg, Svitlana Chernykh, Zachary Elkins
Commitment And Diffusion: Why Constitutions Incorporate International Law, Tom Ginsburg, Svitlana Chernykh, Zachary Elkins
Tom Ginsburg
No abstract provided.
Odious Debt, Odious Credit, Economic Development And Democratization, Tom Ginsburg, Thomas Ulen
Odious Debt, Odious Credit, Economic Development And Democratization, Tom Ginsburg, Thomas Ulen
Tom Ginsburg
Much attention has been paid to the problem of odious debt, but we introduce the problem of the odious creditor, suggesting that more focus be put on those who support regimes committing severe human rights abuses. We also propose a potential solution that will offer marginal incentives to decrease loans to such regimes.