Search: Affective Justice: Book Symposium: A Response

04 Feb A Response to Tom Ginsburg, Michael Vandenbergh, Mark Cohen, and Jonathan Wiener

We are very grateful to Professors Ginsburg, Vandenbergh, Cohen, and Wiener for engaging in this dialogue with us. The value of discussing these issues with such leading scholars in the field cannot be overstated. Professor Ginsburg’s very helpful comments push us to focus on two main points: (1) the U.S. has similar internal dynamics that make committing to a climate change agreement difficult; and (2) China can more easily implement an agreement when it commits to “environmental policy . . . over growth.” Professor Wiener’s post makes the...

04 Feb A Response to Daniel Abebe and Jonathan Masur by Jonathan B. Wiener

...Stewart and I argued in our book Reconstructing Climate Policy (2003), is through international allowance trading, with China receiving an implicit side payment in extra headroom allowances, and using these to trade back to the US and Europe in return for technology. Thus, the side payment would be delivered in myriad competitive private transactions, a much more cost-effective, and more politically palatable, approach; indeed, US firms would be selling technology to China in return for allowances obtained at lower cost than domestic US abatement. Finally, and perhaps most interestingly from...

14 Apr A Response to Christopher Bruner by Brian Cheffins

[Professor Brian Cheffins is the S.J. Berwin Professor of Corporate Law at the University of Cambridge Faculty of Law] As Prof. Bruner points out in his insightful Article, in the literature on comparative corporate governance, there is a tendency to treat the United States and the United Kingdom as being very similar across key dimensions. He shows convincingly that in fact there are key differences between corporate governance in the two countries, focusing in particular on greater “shareholder-centrism” in British public companies in comparison to their U.S. counterparts....

15 Oct Response to Roger Alford’s The Nobel Effect: Nobel Peace Prize Laureates as International Norm Entrepreneurs

[Professor Gregory Gordon is Assistant Professor of Law at the University of North Dakota School of Law. Anne Kjelling is Head Librarian at the Norwegian Nobel Institute.] We would like to thank Professor Roger Alford, the Virginia Journal of International Law and Opinio Juris for inviting us to participate in this online symposium. Professor Alford is to be congratulated on his insightful piece regarding the impact of the Nobel Peace Prize on the development of international law. The article analyzes 20th Century global norm formation through the revelatory filter of...

04 Feb A Response to Daniel Abebe and Jonathan Masur by Michael P. Vandenbergh and Mark Cohen

[Michael P. Vandenbergh is Tarkington Professor of Law; Director, Climate Change Research Network; and Co-Director, Regulatory Program at Vanderbilt University Law School. Mark Cohen is Vice President for Research, Resources for the Future; Director, Vanderbilt Center for Environmental Management Studies; Professor of Management and Law, Owen Graduate School of Management at Vanderbilt University.] Daniel Abebe and Jonathan Masur have made an important contribution to the international climate literature by emphasizing the importance of understanding China’s administrative and economic constraints. They argue that China does not have the incentive...

13 May Response to Weinberg: Some Things Really Are New

Thanks to Jon for his richly detailed post. It’s true that the last great wave of immigration, at the turn of the nineteenth to twentieth centuries, witnessed some of the same phenomenon, including circular migration and the flowering of immigrant enclaves. But there are at least two developments which make the current picture a very different one. 1. New rules relating multiple citizenship. In the old world, one could go home, but you couldn’t take your US citizenship with you. Although dual nationality per se wasn’t illegal, hairtrigger...

09 Mar Weekend Roundup: March 2-8, 2013

week: the impact of international human rights treaties on domestic constitutions. Christopher N.J. Roberts’ comments wondered whether the UDHR can be considered a template for domestic changes and what the impact of domestic legal culture is on the understanding of similar rights. Tom Ginsburg responded here. The second article of the symposium was Natalie Lockwood’s article on International Vote Buying, for which William Burke-White provided the response. He questioned whether a legal prohibition on vote buying would be effective, but applauded the article for its re-examination of the role of...

04 Feb A Response to Daniel Abebe and Jonathan Masur by Tom Ginsburg

[Tom Ginsburg is a Professor at the University of Chicago Law School] Thanks for this opportunity to respond to the Article by Professors Abebe and Masur. My learned colleagues are certainly correct that, notwithstanding its status as a unitary and authoritarian state, China is an internally complicated place, with substantial de facto control at the provincial level. Besides the East-West cleavages that Professors Abebe and Masur focus on, there are other internal tensions among different levels of government, different governmental agencies at each level, and different ideological groups...