Abstract:

This paper argues that given what we know about the role of law and legal institutions at early stages of development and what we know about the difficulties in creating or reforming public institutions, legal education is one of the most cost-effective areas in which to invest rule of law assistance.  We know enough about the rough sequencing of law and legal institutions at early stages of development to avoid big and stupid mistakes.  We also know enough about the significant challenges in building credible public institutions generally, and legal institutions specifically, to suggest that all-in funding of the building of formal legal institutions at early stages of development is imprudent. Therefore, in light of what we know about sequencing and the challenges of creating or reforming public institutions, legal education competes well compared with other potential rule of law interventions as a prudent and effective investment at earlier stages of development and beyond.  

Speaker Bio:

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Jensen lived for 14 years in Asia and was an active participant in policy dialogues in South and Southeast Asia. From 1996 to 1998, he led the governance section of an Asian Development Bank-funded study called "Pakistan 2010," which examined subjects including judicial and legal reform, countering corruption, governance process, civil service reform, decentralization and empowering the country's citizenry. In September 1999, he served as co-team leader of a 35-member consulting team which prepared an extensive report on "Legal and Judicial Reform in Pakistan" for the Asian Development Bank.

Jensen's recent past activities include: completing a research project funded by the Ford Foundation that surveys Pakistani and Indian perceptions of doing business across their acrimonious border; serving as an outside expert in an evaluation of a World Bank project on judicial reform in Venezuela; designing and teaching a research workshop, at Stanford Law School, on judicial reform in developing countries; and serving on the advisory board of two international rule-of-law projects for the World Bank in Mexico and Argentina.

Among his recent publications are "Confronting Misconceptions and Acknowledging Imperfections: A Response To Khaled Abou El Fadl's 'Islam And Democracy'" published in the Fordham International Law Review (2003), and Beyond Common Knowledge: Empirical Approaches to the Rule of Law (Stanford University Press, 2003), which he edited with Thomas C. Heller. Nobel Laureate Joseph Stiglitz endorsed Beyond Common Knowledge with the admonition, "No scholar or policymaker should utter the words 'rule of law' without first reading this volume."

Jensen holds a JD degree from the William Mitchell College of Law and an LLM degree from the London School of Economics.