Selected Publications Authored or Edited by Stephen Golub
Selected Papers and Publications
2014: “Mitigating Corruption in Informal Justice Systems: NGO Experiences in Bangladesh and Sierra Leone” (Bergen, Norway: Anti-Corruption Resource Centre, Chr. Michelson Institute).
As indicated by its title, this research paper summarizes two divergent experiences with NGOs successfully acting as de facto checks on corruption in informal/traditional justice systems with which they become engaged. The issue is of considerable importance, given the increasing international recognition of the centrality of such systems in many countries and donor interest in working with such systems. Available here:http://www.u4.no/publications/mitigating-corruption-in-informal-justice-systems-ngo-experiences-in-bangladesh-and-sierra-leone/
2013: “Legal Empowerment’s Approaches and Importance” (New York: Open Society Foundations).
This paper served as the introduction to the Open Society Foundations’ Justice Initiatives: Legal Empowerment, a volume edited by Prof. Golub. The paper summarized the volume’s papers, as well as key facets of the evolving legal empowerment field. It is available here: http://www.opensocietyfoundations.org/publications/justice-initiatives-legal-empowerment
2013: (Editor) Justice Initiatives: Legal Empowerment. (New York: Open Society Foundations).
This volume examines the “how and why” of legal empowerment – that is, various approaches to carrying out work within this diverse field (the “how”) and the reasons (including evidence of impact) it might merit support (the “why”). The papers examine such topics as anti-corruption legal aid centers established by Transparency International, the results of a multi-country legal assistance study focusing on land rights in Africa, paralegal work in post-conflict Liberia, the political economy of particular paralegal operations in Indonesia and ways of sustaining legal empowerment processes.
The publication is available here: http://www.opensocietyfoundations.org/publications/justice-initiatives-legal-empowerment
2013: “‘As the Resolution Clearly States…’: Reflecting on 30 Years of Rhetoric, Rationalisations and Reality in Promoting the Rule of Law” (New York: Office of the U.N. Secretary-General).
This think piece seeks to highlight and correct a series of apparently mistaken or misleading assumptions about promoting the rule of law. The piece is available here: http://blogs.un.org/ruleoflaw/files/2013/07/Read-the-think-piece-by-Stephen-Golub.pdf
2013: “The Political Economy of Improving Traditional Justice Systems: A Case Study of NGO Engagement with Shalish in Bangladesh,” in World Bank Legal Review: Legal Innovation and Empowerment for Development, Volume 4 (Washington: World Bank).
This chapter explicates many years of work by various Bangladeshi NGOs that monitor and/or in some respects improve the operations of their country’s dominant traditional justice system, so that is fairer, less corrupt and less gender-biased. The paper is available at Google Books.
2012: “The Past, Present and Possible Future of Legal Empowerment: One Practitioner’s Perspective” in Innovations in the Rule of Law (Washington/Hague: World Justice Project/Hague Institute for the Internationalisation of Law).
As implied by its title, this chapter explores possible directions for the evolving field of legal empowerment. It is available here:
2012: “Legal Empowerment Evaluation: An Initial Guide to Issues, Methods, and Impact,” (Washington: Namati).
Drawing partly on several research studies and reviews of legal empowerment initiatives, this lengthy guide details various methodologies for assessing the progress and impact of legal empowerment work. It also explains various kinds of impact and issues pertaining to evaluation. The paper is relevant to many kinds of service, advocacy and development programs, above and beyond legal empowerment. It is available here: http://www.namati.org/entry/legal-empowerment-evaluation-an-initial-guide-to-issues-methods-and-impact/
2010: “What is Legal Empowerment? An Introduction” in Stephen Golub, ed., Legal Empowerment: Practitioners’ Perspectives. (Rome: International Development Law Organization).
As reflected in its title, this paper constitutes an introduction to both the concept of legal empowerment and to Legal Empowerment: Practitioners’ Perspectives, a book edited by Prof. Golub, and described in more detail in the next publication summary below. The paper summarizes distinguishing features of legal empowerment and summarizes the chapters comprising the book. It is available here: http://www.idlo.int/Publications/Golub_Introduction.pdf
2010 (Editor): Legal Empowerment: Practitioners’ Perspectives (Rome: International Development Law Organization).
This book comprises chapters by various development professionals currently or previously working for the World Bank, UNDP, UNICEF, the Open Society Justice Initiative, Penal Reform International, Global Rights and other international development agencies and NGOs. Their foci include customary justice systems; transitional justice; the interface between social accountability and legal empowerment; women’s property and inheritance rights; and NGO legal services contributing to stabilization in post-conflict Bosnia-Herzegovina, the rights of unwed mothers and their children in Morocco and criminal justice in Africa. The book is available here:
2009 (Author and Section Editor): “The Commission on Legal Empowerment of the Poor: One Big Step Forward and a Few Steps Back for Development Policy and Practice,” Hague Journal on the Rule of Law, Vol. 1. (Cambridge: Cambridge University Press).
This paper, prepared for the inaugural volume of the Hague Journal on the Rule of Law, summarizes and critiques key elements of the 2008 report of the Commission on Legal Empowerment of the Poor. It similarly summarizes four articles that constituted a special section that Prof. Golub edited for the Journal and that each scrutinized important aspects and assumptions of the report. It is available here:
2009: “Make Justice the Organizing Principle for the Rule of Law Field,” Hague Journal on the Rule of Law, Vol. 1 (Cambridge: Cambridge University Press).
This paper argues that, for the purposes of international efforts to help improve the situation of the disadvantaged, a focus on justice is a broader and more effective mechanism than concentrating on the rule of law. It contends, inter alia, that this is so because justice is about fair treatment and outcomes for the poor and other marginalized populations. In contrast, development agencies tend to employ rule-of-law programs to focus on judiciaries, other institutions, structures and laws that may not be relevant to such populations’ priorities. It is available here:
2007: “The ‘other 90 percent’: how NGOs combat corruption in non-judicial justice systems,” in Global Corruption Report 2007, Transparency International (London: Pluto Press).
This paper, prepared for Transparency International’s Global Corruption Report 2007, notes that most justice issues facing the poor are not handled by judiciaries but rather by other forums. These include administrative law processes and traditional justice systems. Prof. Golub describes the experience of NGOs in the Philippines, Bangladesh and Sierra Leone in corruption in such non-judicial systems. It is available (as the last in a block of papers constituting a single document under the heading “5. Courts, culture and corruption”) here:
2003: “Beyond Rule of Law Orthodoxy: The Legal Empowerment Alternative,” Rule of Law Series, Number 41, Democracy and Rule of Law Project, Carnegie Endowment for International Peace (Washington: Carnegie Endowment, 2003).
Prepared for and published by the Carnegie Endowment for International Peace, this paper critiques “Rule of Law Orthodoxy”, the dominant paradigm for integrating law and development, which concentrates resources on top-down approaches and aid for government institutions such as judiciaries. It proposes and describes an alternative approach, legal empowerment. It is available at here:
2001 (Co-author): “Legal Empowerment: Advancing Good Governance and Poverty Reduction,” in Law and Policy Reform at the Asian Development Bank, 2001 Edition, Office of the General Counsel (Manila: Asian Development Bank).
An overview report summarizing the research of a seven-country team, this report was prepared for the Asia Foundation under a consultancy for the Asian Development Bank. The ADB published the paper. Via the report, Prof. Golub coined the term “legal empowerment” and helped articulate the concept. Appendices to the document include summaries of quantitative and qualitative research conducted in Bangladesh and the Philippines as part of the research effort.
The paper itself is available here:
2000 (Co-editor and author of chapters): Many Roads to Justice: The Law Related Work of Ford Foundation Grantees Around the World (New York: Ford Foundation).
As indicated by its title, this 2000 book describes the evolution, impact and strategies of diverse Ford Foundation grantees active in the legal field, mainly NGOs providing legal services or otherwise engaged in what today might be called legal empowerment. It also touches on the grant-making strategies employed by Foundation program officers. As such, it illuminates productive and cost-effective mechanisms for promoting legal empowerment, social justice and related priorities. The book’s chapters are intentionally less technical than many similar publications, offering more of a narrative description of the grantees’ and the Foundation personnel’s work. Prof. Golub’s contributions include chapters addressing such topics as the justice work of nonlawyers (paralegals), NGOs reforming gender-biased customary justice in Bangladesh, the growth of an NGO legal services network in the Philippines and legal services NGOs’ contributions to battling apartheid in South Africa. Other chapters focus on reform-oriented legal work in Eastern Europe, China and South Africa, as well as on legal research, public interest litigation and clinical legal education. It is available at here:
II. Forthcoming Publications
Currently untitled paper on the interface of law, property/land rights and poverty reduction. (Washington: Carnegie Endowment for International Peace).
“Power and Law” (tentative title) for June 2014 conference on “Power, Regulation and Legal Empowerment” being convened in Semarang, Indonesia by the University of California, Irvine and University of Diponegoro Semarang.
III. Other Publications
2009 “Focusing on Legal Empowerment: The UNDP LEAD Project in Indonesia,” in Justice for the Poor: Perspectives on Accelerating Access (New Delhi: Oxford University Press).
2007 “The Importance of Legal Aid in Legal Reform,” in Penal Reform International and Northwestern University, Access to Justice in Africa and Beyond: Making the Rule of Law a Reality (South Bend, Indiana: NITA Press).
2007 “The Rule of Law and the U.N. Peacebuilding Commission: A Social Development Approach,” in Cambridge Review of International Affairs 20, no. 1 (Oxford: Routledge, March 2007).
2006 “Legal Empowerment: Impact and Implications for the Development Community and the World Bank,” in World Bank Legal Review: Law, Equity, and Development, Volume 2 (Washington: World Bank and Martinus Nijhoff Publishers).
2006 “NGO Accountability and the Philippine Council for NGO Certification: Evolving Roles and Issues,” in NGO Accountability: Politics Principles and Innovations, eds. Lisa Jordan and Peter van Tuijl (London: Earthscan).
2006 “A House Without a Foundation,” in Promoting the Rule of Law Abroad: The Search for Knowledge, ed. Thomas Carothers (Washington: Carnegie Endowment for International Peace).
2006 “The Legal Empowerment Alternative,” in Promoting the Rule of Law Abroad: The Search for Knowledge, ed. Thomas Carothers (Washington: Carnegie Endowment for International Peace).
2005 “Less Law and Reform, More Politics and Enforcement: A Civil Society Approach to Integrating Rights and Development,” in Human Rights and Development: Toward Mutual Reinforcement, eds. Philip Alston and Mary Robinson (Oxford: Oxford University Press).
2004 “Forging the Future: Engaging Law Students and Young Lawyers in Public Service, Human Rights, and Poverty Alleviation,” an Open Society Justice Initiative Issues Paper (New York: Open Society Justice Initiative).
2002 “Legal Empowerment: A Rights-Based Strategy for Improving Governance and Alleviating Poverty,” in Insights, Issue No. 43, Institute of Development Studies, University of Sussex, U.K.
2001 “Civil Society Contributions to Judicial Independence,” in Guidance for Promoting Judicial Independence and Accountability, U.S. Agency for International Development Office of Democracy and Governance Technical Publication Series, November 2001, USAID and International Foundation for Election Systems (Washington: USAID).
2000 “Democracy as Development: A Case for Civil Society Assistance in Asia,” in Funding Virtue: Civil Society Aid and Democracy Promotion, eds. Thomas Carothers and Marina Ottaway, (Washington: Carnegie Endowment for International Peace).
1998 “The Growth of a Public Interest Law Movement: Origins, Operations, Impact and Lessons for Legal Systems Development," in Organizing for Democracy: NGOs, Civil Society and the Philippine State, eds. G. Sidney Silliman and Lela Garner Noble (Honolulu: University of Hawaii Press).
1994 "Developmental Legal Services in the Third World," Law and Society Trust Review IV, no. 78 (Colombo, Sri Lanka: June 1994).
1993 "Assessing and Enhancing the Impact of Democratic Development Projects: A Practitioner's Perspective," Studies in Comparative International Development 28, no. 1 (Spring 1993).
1992 "Developmental Legal Services in the Philippines: Some Initial Impressions Regarding Impact, Assessment and Sustainable Financing," Alternative Law Forum 7, no. 4 (Manila, Philippines: Second Quarter 1992).
1992 "Developmental Legal Services and the Philippine Legal Community," Lawyers Review 6, no. 2 (Manila, Philippines: March 1992).
1987 "Flaws in the Interpretation of INA Section 101(a)(42) and in the Denial of Refugee Status to Cambodians in Thailand," Georgetown Immigration Law Journal 2, no. 1 (Summer 1987).
1987 Seeking Shelter: Cambodians in Thailand, a human rights report published by the Lawyers Committee for Human Rights.
1986 “Looking for Phantoms: Flaws in the Khmer Rouge Screening Process,” a U.S. Committee for Refugees issue brief.
1985 Book review for the U.N. Annual Review of Population Law 10, of The Refugee in International Law, by Guy Goodwin-Gill.