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Courts of Good and Ill Repute: Garoupa and Ginsburg's Judicial Reputation: A Comparative Theory

23 Pages Posted: 24 May 2016  

Tracey E. George

Vanderbilt University - Law School

G. Mitu Gulati

Duke University School of Law

Date Written: May 23, 2016

Abstract

Nuno Garoupa and Tom Ginsburg have published an ambitious book that seeks to account for the great diversity of judicial systems based, in part, on how courts are designed to marshal the power of a high public opinion of the judiciary. Judges, the book posits, care deeply about their reputations both inside and outside the courts. Courts are designed to capitalize on judges’ desire to maximize their reputation, and judges’ existing stock of reputation can affect the design of the courts which they serve. We find much to like in this book, ranging from its intriguing and ambitious positive claims to its masterful use of comparative case studies from around the globe. However, we also have questions about the ability of the theory to hang together in a unified manner and to do the work assigned to it.

Keywords: judges, reputation, institutional analysis, courts

JEL Classification: K00, K40

Suggested Citation

George, Tracey E. and Gulati, G. Mitu, Courts of Good and Ill Repute: Garoupa and Ginsburg's Judicial Reputation: A Comparative Theory (May 23, 2016). Duke Law School Public Law & Legal Theory Series No. 2016-33. Available at SSRN: https://ssrn.com/abstract=2783433 or http://dx.doi.org/10.2139/ssrn.2783433

Tracey E. George

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

Gaurang Mitu Gulati (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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