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Full-Text Articles in Law
Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard Mcadams
Libertarian Paternalism, Path Dependence, And Temporary Law, Tom Ginsburg, Jonathan Masur, Richard Mcadams
Tom Ginsburg
The recent wave of behavioral economics has led some theorists to advocate the possibility of “libertarian paternalism,” in which regulators designing institutions permit significant individual choice but nonetheless use default rules to “nudge” cognitively biased individuals toward particular salutary choices. In this article, we add the possibility of a different kind of nudge: temporary law. Temporary law is less intrusive than permanent regulation, and is particularly attractive in situations in which we believe that path dependence has produced the status quo. We illustrate the argument with the example of smoking bans, and provide an empirical case study of an actual …
On The Interpretability Of Law: Lessons From The Decoding Of National Constitutions, James Melton, Tom Ginsburg
On The Interpretability Of Law: Lessons From The Decoding Of National Constitutions, James Melton, Tom Ginsburg
Tom Ginsburg
An implicit element of many theories of constitutional enforcement is the degree to which those subject to constitutional law can agree on what its provisions mean (call this constitutional interpretability). Unfortunately, there is little evidence on baseline levels of constitutional interpretability or the variance therein. This article seeks to fill this gap in the literature, by assessing the effect of contextual, textual and interpreter characteristics on the interpretability of constitutional documents. Constitutions are found to vary in their degree of interpretability. Surprisingly, however, the most important determinants of variance are not contextual (for example, era, language or culture), but textual. …
Symposium Introduction: Public International Law And Economics, Tom Ginsburg, Christophe Engel, Ann Van Aaken
Symposium Introduction: Public International Law And Economics, Tom Ginsburg, Christophe Engel, Ann Van Aaken
Tom Ginsburg
No abstract provided.