Tom Ginsburg

Tom Ginsburg

Leo Spitz Distinguished Service Professor of International Law, Ludwig and Hilde Wolf Research Scholar, Professor of Political Science, Faculty Director, Malyi Center for the Study of Institutional and Legal Integrity, Faculty Director, Forum for Free Inquiry and Expression

Tom Ginsburg focuses on comparative and international law from an interdisciplinary perspective. He holds BA, JD, and PhD degrees from the University of California at Berkeley. His latest book is Democracies and International Law (2021), winner of two best book prizes, and his prior books include How to Save a Constitutional Democracy (2018), written with Aziz Z. Huq, which won the best book award from the International Society of Constitutional Law; Judicial Review in New Democracies (2003), which won the C. Herman Pritchett Award from the American Political Science Association; The Endurance of National Constitutions (with Zachary Elkins and James Melton, 2009), which also won a best book prize from APSA; and Judicial Reputation (with Nuno Garoupa, 2015). He currently co-directs the Comparative Constitutions Project, an effort funded by the National Science Foundation to gather and analyze the constitutions of all independent nation-states since 1789. Before entering law teaching, he served as a legal adviser at the Iran-US Claims Tribunal and The Hague (Netherlands), and continues to work with numerous international development agencies and foreign governments on legal and constitutional reform. He is a member of the American Academy of Arts and Sciences and co-host of the Entitled podcast on human rights.

Education

University of California at Berkeley

PhD, Jurisprudence and Social Policy, 1999
JD, 1997
BA, Asian Studies, 1989

Experience

The University of Chicago Law School

Faculty Director, Malyi Center for the Study of Institutional and Legal Integrity, 2023-present
Leo Spitz Professor of International Law, 2011-present
Deputy Dean, 2014-2016
Professor of Law, 2008-2011
Visiting Professor, 2007-2008

International IDEA

Senior Advisor, Constitution-Building Program, 2013-present

American Bar Foundation

Research Professor, 2011-present

Comparative Constitutions Project

Director, 2007-present

Harvard Law School

Visiting Professor and John Harvey Gregory Lecturer on World Organization, 2020

Tunisian Presidential Committee for International Constitutional Court

2012-2014

University of Illinois College of Law

Professor, 2005-2008
Associate Professor, 2003-2005
Assistant Professor, 2000-2003

The Hague

Legal Advisor, Iran-US Claims Tribunal, The Hague, Netherlands, 1998-2000

Kyushu University Faculty of Law

Lecturer, Fukuoka, Japan, 1997-1998

US Department of State

Legal Assistant, Washington, DC, 1997

Freshfields

Summer Associate, Bangkok, Thailand, 1997

Mekong Region Law Center

Secretary, Bangkok, Thailand, 1993-1994

Supreme Court of Mongolia

Ulaanbaatar, 1993

The Asia Foundation, San Francisco, CA, and Asia

Consultant, 1993-2004
Program Officer for Northeast Asia, 1990-1992
John Gardner Fellow, Center for Asian Pacific Affairs, 1989-1990

Visiting Professorships

Thammasat University, Thailand, 2019, 2022; Tel Aviv University, 2014; Seoul National University, July 2008; University of Pennsylvania Law School 2007;  Interdisciplinary Centre Herzliya (Israel), 2005, 2010; University of Tokyo Law School, 2004, 2008, 2013, 2015, 2018; Kyushu University, 2002, 2004, 2006; University of Trento, Italy, May 2002 and 2003, and Spring 2014.

Books (Author)

  • Democracies and International Law (Cambridge University Press, 2021).www
  • How to Save a Constitutional Democracy (University of Chicago Press, 2018) (with Aziz Z. Huq).cu www
  • Judicial Reputation: A Comparative Theory (University of Chicago Press, 2015) (with Nuno Garoupa).cu www
  • The Endurance of National Constitutions (Cambridge University Press, 2009) (with Zachary Elkins & James Melton).cu
  • Judicial Review in New Democracies: Constitutional Courts in Asian Cases (Cambridge University Press, 2003).cu

Books (Editor)

  • The Entrenchment of Democracy: The Comparative Constitutional Law of Elections, Parties, and Voting.(forthcoming)2024) (edited with Aziz Z. Huq & Tarun Khaitan).
  • Constitution Makers on Constitution Making. (Cambridge University Press, forthcoming)2022) (edited with Sumit Bisarya). www
  • Comparative Constitutional Law in Africa. (Elgar, 2022) (edited with Rosalind Dixon & Adem Kassie Abebe).
  • Buddhism and Comparative Constitutional Law. (Cambridge University Press, 2022) (edited with Benjamin Schonthal). www
  • From Parchment to Practice: Implementing New Constitutions. (Cambridge University Press, 2020) (edited with Aziz Z. Huq). www
  • Constitution-Making and Transnational Legal Order. (Cambridge University Press, 2019) (edited with Gregory Shaffer & Terence C. Halliday).
  • Constitutions in Times of Financial Crisis. (Cambridge University Press, 2019) (edited with Mark D. Rosen & Georg Vanberg).
  • Comparative Constitutional Law in Latin America. (Edward Elgar, 2017) (edited with Rosalind Dixon). cu
  • Constitution Making. (Edward Elgar Publishing, 2016) (edited with Sujit Choudhry). cu www
  • Assessing Constitutional Performance. (Cambridge University Press, 2016) (edited with Aziz Z. Huq). cu www
  • Classics in Comparative Law. (Edward Elgar Press, 2014) (edited with Giuseppe Montateri & Francesco Parisi) (4 volumes). cu
  • Comparative Constitutional Law in Asia. (Edward Elgar, 2014) (edited with Rosalind Dixon). cu
  • Law and Development of Middle-Income Countries: Avoiding the Middle-Income Trap. (Cambridge University Press, 2014) (edited with Randall Peerenboom). cu
  • Constitutions in Authoritarian Regimes. (Cambridge University Press, 2013) (edited with Alberto Simpser). cu
  • International Commercial Arbitration in Asia.3rd ed. (Juris, 2013) (edited with Shahla F. Ali). cu
  • Public Law in East Asia. (Ashgate Publishing Limited, 2013) (edited with Albert H. Chen). cu
  • The Japanese Legal System: An Era of Transition. (University of California at Berkeley, 2012) (edited with Harry Scheiber). cu
  • Comparative Constitutional Design. (Cambridge University Press, 2012). cu
  • Comparative Constitutional Law. (Edward Elgar, 2011) (edited with Rosalind Dixon). cu
  • Administrative Law and Governance in Asia: Comparative Perspectives. (Routledge University Press, 2009) (edited with Albert H. Chen). cu
  • Rule By Law: The Politics of Courts in Authoritarian Regimes. (Cambridge University Press, 2008) (edited with Tamir Moustafa). cu
  • International Commercial Arbitration in Asia.2nd ed. (Juris, 2006) (edited with Philip J. McConnaughay). cu
  • Institutions and Public Law: Comparative Approaches. (Peter Lang, 2005) (edited with Robert A. Kagan). cu
  • Legal Reform in Korea. (Routledge Publishing, 2004). cu
  • International Commercial Arbitration in Asia.1st ed. (Juris, 2002) (edited with Philip J. McConnaughay). cu
  • The Multiple Worlds of Japanese Law. (University of Victoria Center for Asia Pacific Initiatives, 2001) (edited with Luke Nottage & Hiroo Sono). cu
  • Saat des Friedens : Vision einer buddhistischen Gesellschaftsordnung. (Aurum Verlag, 1995) (German translation of Seeds of Peace: a Buddhist vision for renewing society, published 1992). cu
  • Seeds of Peace: A Buddhist Vision for Renewing Society. (Parallax Press, 1992). cu

Journal Articles

  • "The Comparative Constitutional of Democratic Backsliding: A Report on the State of the Field," 1 Droit Public Comparé __ (2023) (forthcoming) (with Aziz Z. Huq).
  • "The Law of Democratic Disqualification," 111 California Law Review __ (2023) (forthcoming) (with Aziz Z. Huq & David E. Landau). ssrn
  • "Democratic Backsliding and Multiracial Democracy. A Response to the 2021 Jorde Symposium Lecture by Steven Levitsky," 110 California Law Review 2035 (2022).
  • "The Value of "Tyrannophobia"," 33 Journal of Democracy 160 (2022). www
  • "Imagining a World without the Universal Declaration of Human Rights," 74 World Politics 327 (2022) (with Zachary Elkins). www
  • "Article 2(4) and Authoritarian International Law," 116 AJIL Unbound 130 (2022). www
  • "Ideation and Innovation in Constitutional Rights," 16 Law and Ethics of Human Rights 217 (2022) (with Zachary Elkins). www
  • "Democracies and International Law: An Update," 23 Chicago Journal of International Law 1 (2022).
  • "Choosing a Successor in the Shadow of Term Limits," 57 Texas International Law Journal 287 (2022).
  • "The Pragmatics of Democratic "Front-Sliding"," 36 Ethics and International Affairs 437 (2022) (with Aziz Z. Huq). www
  • "An Archeology of Law in Thailand," 2022 Rechtsgeschichte 287 (2022). www
  • "On Disruption and Leximetrics: A Reply to Niels Petersen and Konstantin Chatziathanasiou," 19 International Journal of Constitutional Law 1835 (2021) (with Zachary Elkins). www
  • "The Bound Executive: Emergency Powers During the Pandemic," 19 International Journal of Constitutional Law 1498 (2021) (with Mila Versteeg). www
  • "The Role of Comparative Law in the Social Sciences: An Introduction," 69 American Journal of Comparative Law 627 (2021) (with Francesco Parisi). www
  • "Review of "The Performance of Africa's International Courts: Using Litigation for Political, Legal, and Social Change" (James Thuo Gathii ed., Oxford University Press, 2020),"," 115 American Journal of International Law 777 (2021). www
  • "The Social Science Approach to International Law," 22 Chicago Journal of International Law 1 (2021) (with Daniel Abebe & Adam Chilton ). ssrn www
  • "What Can We Learn from Written Constitutions?," 24 Annual Review of Political Science 321 (2021) (with Zachary Elkins). www
  • "Review of Dixon and Landau's Abusive Constitutional Borrowing," 7 Canadian Journal of Comparative and Contemporary Law 1 (2021). www
  • ""The Economy, Stupid": Notes on a Continuing Conversation," 49 Revista Derecho del Estado 15 (2021).
  • "How Authoritarians Use International Law," 31 Journal of Democracy 44 (2020). www
  • "The Machinery of International Law and Democratic Backsliding: The Problem of Term Limits," 14 Law & Ethics of Human Rights 1 (2020). www
  • "Review of Robert Hazell & Bob Morris, eds., The Role of Monarchy in Modern Democracy: European Monarchies Compared," 18 International Journal of Constitutional Law 1535 (2020). www
  • "Authoritarian International Law?," 114 American Journal of International Law 221 (2020). www
  • "Substitutes, Complements, and Irritants:Garza v Lappin and the Role of International Law in US Courts," 87 University of Chicago Law Review 2357 (2020). cu www
  • "Foreword for special issue on legislatures in the time of Covid-19," 8 Theory and Practice of Legislation 1 (2020). www
  • "The Trump Administration, Democracy and American Constitutional Law," Judicial Yuan 189 (2020).
  • "Review of David Runciman, How Democracy Ends (Basic Books, 2018)," 134 Political Science Quarterly 722 (2019). www
  • "The Dejudicialization of International Politics?," 63 International Studies Quarterly 521 (2019) (with Daniel Abebe). www
  • "Thirty Years After the Fall: An Academic Perspective," 17 International Journal of Constitutional Law 510 (2019). www
  • "Rebel Use of Law and Courts," 15 Annual Review of Law and Social Science 495 (2019). www
  • "Who Judges?: Designing Jury Systems in Japan, East Asia and Europe," 22 Social Science Japan Journal 160 (2019). cu www
  • "From Catalonia to California: Secession in Constitutional Law," 70 Alabama Law Review 923 (2019) (with Mila Versteeg).
  • "How Democracy Ends," 134 Political Science Quarterly 722 (2019). www
  • "International Courts and Democratic Backsliding," 37 Berkeley Journal of International Law 265 (2019). www
  • "China's Turn Toward Law," 59 Virginia Journal of International Law 306 (2019) (with Taisu Zhang). www
  • "International Courts and Democratic Backsliding," 46 Ecology Law Quarterly 111 (2019).
  • "Yazili Anayasalar ve Idari Devlet: Idare Hukukunun Anayasal Karakteri Üzerine," 25 Marmara Üniversitesi Hukuk Fakültesi Hukuk Arastirmalari dergisi 481 (2019). www
  • "Democratic Backsliding and the Rule of Law," 44 Ohio Northern University Law Review 351 (2018). cu
  • "Democracy's Near Misses," 29 Journal of Democracy 16 (2018) (with Aziz Z. Huq). www
  • "The Jurisprudence of Anti-Erosion," 66 Drake Law Review 823 (2018). cu
  • "Optimal Design of Guest Worker Programs: An Introduction," 47 Journal of Legal Studies 1 (2018) (with Adam Chilton & Eric A. Posner). cu www
  • "Circles of Trust: A Proposal for Better Migrant Screening," 47 Journal of Legal Studies S229 (2018) (with Alberto Simpser). cu www
  • "Bringing the World's Constitutions to the Classroom," 82 Social Education 128 (2018) (with Jesse Baugher & Zachary Elkins ). cu
  • "Introduction to the Symposium on Thomas Franck, "Emerging Right to Democratic Governance" at 25," 112 American Journal of International Law Unbound 64 (2018). cu www
  • "Constitutional Knowledge," 2 KNOW: A Journal on the Formation of Knowledge 15 (2018). cu www
  • "The Cultural Evolution of National Constitutions," 69 Journal for the Association of Information Science and Technology 483 (2018) (with Daniel Rockmore, Fang Chen, Nick Foti & David C. Krakauer). cu
  • "The Coming Demise of Liberal Constitutionalism?," 85 University of Chicago Law Review 239 (2018) (with Aziz Z. Huq & Mila Versteeg). cu www
  • "How to Lose a Constitutional Democracy," 65 UCLA Law Review 78 (2018) (with Aziz Z. Huq). ssrn cu www
  • "Introduction to Symposium on Sovereignty, Cyberspace, and Talinn Manual 2.0," 111 American Journal of International Law Unbound 205 (2017). cu www
  • "Constitutions and Foreign Relations Law: The Dynamics of Substitutes and Complements," 111 American Journal of International Law Unbound 326 (2017). cu www
  • "The Forms and Limits of Constitutions as Political Insurance," 15 International Journal of Constitutional Law 988 (2017) (with Rosalind Dixon). cu
  • "Book Review of A World of Struggle: How Power, Law and Expertise Shape Global Political Economy by David Kennedy," 111 American Journal of International Law 197 (2017). cu www
  • "The Concepts of Law," 84 University of Chicago Law Review 147 (2017) (with Nicholas Stephanopoulos) (symposium contribution). cu
  • "Constitutional Advice and Transnational Legal Order," 2 UC Irvine Journal of International, Transnational and Comparative Law 5 (2017). cu
  • "Measuring the Rule of Law: A Comparison of Indicators," 42 Law and Social Inquiry 100 (2017) (with Mila Versteeg). cu www
  • "On the Influence of Magna Carta and Other Cultural Relics," 47 International Review of Law and Economics 9 (2016) (with James Melton & Zachary Elkins). cu
  • "How To Study Constitution-Making: Hirschl, Elster, And The Seventh Inning Problem," 96 Boston University Law Review 1347 (2016). cu
  • "The Assault on Postcommunist Courts," 27 Journal of Democracy 69 (2016) (with Bojan Bugaric). cu
  • "Setting an Agenda for the Socio-Legal Study of Contemporary Buddhism," 3 Asian Journal of Law and Society 1 (2016) (with Benjamin Schonthal). cu
  • "Does the Constitutional Amendment Rule Matter at All?," 13 International Journal of Constitutional Law 686 (2015) (with James Melton). cu
  • "Written Constitutions Around the World," 15 Insights on Law & Society 4 (2015). cu
  • "Constitutional Interpretation in Lawmaking: China's Invisible Constitutional Enforcement Mechanism," 63 American Journal of Comparative Law 467 (2015) (with Yan Lin). cu
  • "Book Review (reviewing Gabriel L. Neretto, Making Constitutions: Presidents, Parties and Institutional Choice in Latin America)," 129 Political Science Quarterly 749 (2014). cu
  • "Does De Jure Judicial Independence Really Matter? A Reevaluation of Explanations for Judicial Independence," 2 Journal of Law and Courts 187 (2014) (with James Melton). ssrn cu
  • "[Dis-]Informing the People's Discretion: Judicial Deference Under The National Security Exemption of the Freedom of Information Act," 66 Administrative Law Review 725 (2014) (with Susan N. Mart). ssrn cu
  • "Constitute: The World’s Constitutions to Read, Search and Compare," 27 Web Semantics 10 (2014) (with Zachary Elkins & James Melton, Robert Shaffer, Juan F. Sequeda & Daniel Miranker). cu
  • "Beyond Presidentialism and Parliamentarism: On the Hybridization of Constitutional Form," 44 British Journal of Political Science 515 (2014) (with Zachary Elkins & Jose A. Cheibub ). ssrn cu www
  • "Constitutional Islamization and Human Rights: The Surprising Origin and Spread of Islamic Supremacy in Constitutions," 54 Virginia Journal of International Law 615 (2014) (with Dawood I. Ahmed). ssrn cu
  • "Libertarian Paternalism, Path Dependence, and Temporary Law," 81 University of Chicago Law Review 291 (2014) (with Jonathan S. Masur & Richard H. McAdams). ssrn cu
  • "We the Peoples: The Global Origins of Constitutional Preambles," 46 George Washington International Law Review 305 (2014) (with Daniel Rockmore & Nick Foti) (translated into Spanish in Revista del Cultura Politica). ssrn cu
  • "The Teaching/Research Tradeoff in Law: Data from the Right Tail," 39 Evaluation Review 46 (2014) (with Thomas J. Miles). ssrn cu
  • "Why Do Countries Adopt Constitutional Review?," 30 Journal of Law, Economics and Organization 587 (2014) (with Mila Versteeg). cu
  • "What Can Constitutions Do?: The Afghan Case," 24 Journal of Democracy 116 (2014) (with Aziz Z. Huq). cu
  • "Chaining the Dog of War: Comparative Data," 15 Chicago Journal of International Law 138 (2014). cu
  • "Judicial Roles in Nonjudicial Functions," 12 Washington University Global Studies Law Review 755 (2013) (with Nuno Garoupa). ssrn cu
  • "On the Interpretability of Law: Lessons from the Decoding of National Constitutions," 43 British Journal of Political Science 399 (2013) (with James Melton, Zachary Elkins & Kalev Leetaru). ssrn cu
  • "Getting to Rights: Treaty Ratification, Constitutional Convergence, and Human Rights Practice," 54 Harvard International Law Journal 61 (2013) (with Zachary Elkins & Beth Simmons). ssrn cu
  • "When to Overthrow your Government: The Right to Resist in the World's Constitutions," 60 UCLA Law Review 1184 (2013) (with Daniel Lansberg-Rodriguez & Mila Versteeg). ssrn cu
  • "Book Review (reviewing Yves Dezalay & Bryant Garth, Asian Legal Revivals: Lawyers in the Shadow of Empire (2010))," 46 Law and Society Review 928 (2012). cu
  • Response, "Comments on Law and Versteeg's 'The Declining Influence of the United States Constitution'", 87 New York University Law Review 2088 (2012) (with Zachary Elkins & James Melton). ssrn cu
  • "Constitutionalism: East Asian Antecedents," 88 Chicago-Kent Law Review 11 (2012). ssrn cu
  • "The Empirical Turn in International Legal Scholarship," 106 American Journal of International Law 1 (2012) (with Gregory Shaffer). ssrn cu
  • "Courts and Democracies: A Review Essay," 37 Law and Social Inquiry 720 (2012). cu
  • "Courts and New Democracies: Recent Works ," 37 Law and Social Inquiry 720 (2012). cu
  • "Book Review (reviewing Stacy Steele & Kathryn Taylor, eds., Legal Education in Asia: Globalization, Change and Contexts (2010))," 84 Pacific Affairs 338 (2011). cu
  • "The South African Constitutional Court and Socioeconomic Rights as 'Insurance Swaps'," 4 Constitutional Court Review 1 (2011) (with Rosalind Dixon). cu
  • "Pitfalls of Measuring the Rule of Law," 3 Hague Journal on the Rule of Law 269 (2011). ssrn cu
  • "Deciding Not to Decide: Deferral in Constitutional Design," 9 International Journal of Constitutional Law 636 (2011) (with Rosalind Dixon). ssrn cu
  • "Building Reputation in Constitutional Courts: Political and Judicial Audiences," 28 Arizona Journal of International and Comparative Law 539 (2011) (with Nuno Garoupa). ssrn cu
  • "An Economic Interpretation of the Pashtunwali," 2011 University of Chicago Legal Forum 89 (2011). cu
  • "Hybrid Judicial Career Structures: Reputation versus Legal Tradition," 3 Journal of Legal Analysis 411 (2011) (with Nuno Garoupa). ssrn cu
  • "Empiricism and the Rising Incidence of Coauthorship in Law," 2011 University of Illinois Law Review 1785 (2011) (with Thomas J. Miles). ssrn cu
  • "On the Evasion of Executive Term Limits," 52 William and Mary Law Review 1807 (2011) (with Zachary Elkins & James Melton). ssrn cu
  • "Book Review (reviewing Dai-Kwon Choi and Kahei Rokumoto, eds., Judicial System Transformation in the Globalizing World: Korea and Japan (2007))," 20 Law and Politics Book Review 162 (2010). cu
  • "Eastphalia as the Perfection of Westphalia," 17 Indiana Journal of Global Legal Studies 27 (2010). cu
  • "Book Review (reviewing Tamio Nakamura, ed., East Asian Regionalism from a Legal Perspective: Current Features and a Vision for the Future (2009))," 13 Social Science Japan Journal 302 (2010). cu
  • "Lawrence M. Friedman’s Comparative Law, With Notes On Japan," 5 Journal of Comparative Law 92 (2010). cu
  • "The Arbitrator as Agent: Why Deferential Review is Not Always Pro-Arbitration," 77 University of Chicago Law Review 1013 (2010). ssrn cu
  • "Eastphalia and Asian Regionalism," 44 University of California at Davis Law Review 859 (2010). ssrn cu
  • "Studying Japanese Law Because It's There," 58 American Journal of Comparative Law 15 (2010). ssrn cu
  • "Subconstitutionalism," 62 Stanford Law Review 1583 (2010) (with Eric A. Posner). ssrn cu
  • "Latin American Presidentialism in Comparative and Historical Perspective," 89 Texas Law Review 1707 (2010) (with Jose A. Cheibub & Zachary Elkins). ssrn cu
  • "Book Review (reviewing Lisa Hilbink, Judges Beyond Politics in Democracy and Dictatorship: Lessons from Chile (2007))," 43 Law and Society Review 443 (2009). cu
  • "The Effects of Liberalization on Litigation: Notes Toward a Theory in the Context of Japan," 8 Washington University Global Studies Law Review 303 (2009). ssrn cu
  • "The Relationship Between Constitutional and International Devices to Protect Minority Rights," 1 Journal of the Center for Minority Studies, Kansai University 1 (2009). cu
  • "Reputation, Information and the Organization of the Judiciary," 4 Journal of Comparative Law 228 (2009) (with Nuno Garoupa). ssrn cu
  • "The Clash of Commitments at the International Criminal Court," 9 Chicago Journal of International Law 499 (2009). ssrn cu
  • "International Delegation and State Disaggregation," 20 Constitutional Political Economy 323 (2009). ssrn cu
  • "Does the Process of Constitution-Making Matter?," 5 Annual Review of Law and Social Science 201 (2009) (with Justin Blount & Zachary Elkins). ssrn cu
  • "The Future of Law and Development," 104 Northwestern University Law Review Colloquy 164 (2009). cu
  • "Constitutional Afterlife: The Continuing Impact of Thailand's Post-Political Constitution," 7 International Journal of Constitutional Law 83 (2009). ssrn cu
  • "National Courts, Domestic Democracy, and the Evolution of International Law: A Reply to Eyal Benvenisti and George Downs," 20 European Journal of International Law 1021 (2009). cu
  • "Judicial Audiences and Reputation: Perspectives from Comparative Law," 47 Columbia Journal of Transnational Law 451 (2009) (with Nuno Garoupa). ssrn cu
  • "Guarding the Guardians: Judicial Councils and Judicial Independence," 57 American Journal of Comparative Law 201 (2009) (with Nuno Garoupa). ssrn cu
  • "Effects of Liberalization on Litigation: Notes Toward a Theory in the Context of Japan," 8 Washington University Global Studies Law Review 2 (2009) (with Glenn Hoetker). cu
  • "Constitutional Courts in East Asia: Understanding Variation," 3 Journal of Comparative Law 80 (2008). ssrn cu
  • "Book Review (reviewing Kazuhiro Takii, The Meiji Constitution: The Japanese Experience of the West and the Shaping of the Modern State (2007))," 34 Journal of Japanese Studies 505 (2008). cu
  • "Military Occupations and Their Constitutional Residue," 19(2) APSCA-CP Newsletter 7 (2008). cu
  • "Judicialization of Administrative Governance: Causes, Consequences and Limits," 3 National Taiwan University Law Review 1 (2008). cu
  • "The Comparative Law and Economics of Judicial Councils," 27 Berkeley Journal of International Law 53 (2008) (with Nuno Garoupa). ssrn cu
  • "Ancillary Powers of Constitutional Courts," 87 Texas Law Review 1431 (2008) (with Zachary Elkins). ssrn cu
  • "Symposium: Public International Law and Economics - Introduction," 2008 University of Illinois Law Review 1 (2008) (with Christoph Engel & Anne van Aaken). cu
  • "The Citizen as Founder: Public Participation in Constitutional Approval," 81 Temple Law Review 361 (2008) (with Justin Blount & Zachary Elkins). ssrn cu
  • "Commitment and Diffusion: How and Why National Constitutions Incorporate International Law," 2008 University of Illinois Law Review 201 (2008) (with Svitlana Chernykh & Zachary Elkins). ssrn cu
  • "Judicial Review in New Democracies: Constitutional Courts in Asian Cases Roundtable," 3 National Taiwan University Law Review 143 (2008) (with Hong S. Cho, Narufumi Kadomatsu & Jiunn-Rong Yeh). cu
  • "Book Review (reviewing Roberto Gargarella, Pilar Domingo & Theunis Roux, eds, Courts and Social Transformation in New Democracies: An Institutional Voice for the Poor? (2006))," 14 Democratization 743 (2007). cu
  • "Lessons for Democratic Transitions: Case Studies from Asia," 52 Orbis: A Journal of World Affairs 91 (2007). ssrn cu www
  • "Odious Debt, Odious Credit, Economic Development, and Democratization: Odious Debts and State Corruption," 70 Law and Contemporary Problems 115 (2007) (with Thomas S. Ulen). cu
  • "Baghdad, Tokyo, Kabul: Constitution Making in Occupied States," 49 William and Mary Law Review 1139 (2007) (with Zachary Elkins & James Melton). ssrn cu
  • "Book Review (reviewing Chongko Choi, Law and Justice in Korea: North and South (2005))," 30 Journal of Korean Studies 126 (2006). cu
  • "Locking in Democracy: Constitutions, Commitment, and International Law," 38 New York University Journal of International Law and Politics 707 (2006). ssrn cu
  • "The Unreluctant Litigant: An Empirical Analysis of Japan's Turn to Litigation," 35 Journal of Legal Studies 31 (2006) (with Glenn Hoetker). cu
  • "Irrational War and Constitutional Design: A Reply to Professors Nzelibe and Yoo," 27 Michigan Journal of International Law 1239 (2006) (with Paul F. Diehl). cu www
  • "The State of Sovereignty in Southeast Asia," 99 American Society of International Law Proceedings 419 (2005). cu
  • "International Substitutes for Domestic Institutions," 25 International Review of Law and Economics 107 (2005). ssrn cu
  • "Book Review (reviewing Malcolm M. Feeley & Setsuo Miyazawa, eds., The Japanese Adversary System in Context: Controversies and Comparisons (2002))," 30 Journal of Japanese Studies 572 (2004). cu
  • "Democracy, Markets, and Doomsaying: Is Ethnic Conflict Inevitable? (reviewing Amy Chua, World on Fire : How Exporting Free Market Democracy Breeds Ethnic Hatred and Global Instability (2003))," 22 Berkeley Journal of International Law 310 (2004). cu www
  • "Transforming Legal Education in Japan and Korea," 22 Penn State International Law Review 433 (2004). cu
  • "Bounded Discretion in International Judicial Lawmaking," 45 Virginia Journal of International Law 631 (2004). cu
  • "Adjudicating in Anarchy: An Expressive Theory of International Dispute Resolution," 45 William and Mary Law Review 1229 (2004) (with Richard H. McAdams). cu
  • "The Culture of Arbitration," 36 Vanderbilt Journal of Transnational Law 1335 (2003). cu
  • "The Market for Elite Law Firm Associates," 31 Florida State University Law Review 909 (2003) (with Jeffrey A. Wolf). ssrn cu
  • "Book Review (reviewing Annelise Riles, ed., Rethinking the Masters of Comparative Law (2001))," 12 Law and Politics Book Review 204 (2002). cu
  • "Constitutional Courts in New Democracies: Understanding Variation in East Asia," 2 Global Jurist Advances art 4 (2002). cu www
  • "System Change? A New Perspective on Japan's Administrative Procedures Law," 13 Zeitschrift für japanisches Recht 55 (2002). cu
  • "Comparative Administrative Procedure: Evidence from Northeast Asia," 13 Constitutional Political Economy 247 (2002). cu
  • "Economic Analysis and the Design of Constitutional Courts: Economic Analysis of Constitutional Law," 3 Theoretical Inquiries in Law 49 (2002). cu
  • "Confucian Constitutionalism - The Emergence of Constitutional Review in Korea and Taiwan," 27 Law and Social Inquiry 763 (2002). cu
  • "Ways of Criticizing Public Choice: The Uses of Empiricism and Theory in Legal Scholarship," 2002 University of Illinois Law Review 1139 (2002). cu
  • "In Defense of Japanese Law," 12 Zeitschrift für japanisches Recht 27 (2001). cu www
  • "When Courts and Politics Collide: Mongolia's Constitutional Crisis," 14 Columbia Journal of Asian Law 309 (2001) (with Gombosuren Ganzorig). cu
  • "Dismantling the Developmental State - Administrative Procedure Reform in Japan and Korea," 49 American Journal of Comparative Law 585 (2001). cu
  • "Evidentiary Privileges in International Arbitration," 50 International and Comparative Law Quarterly 345 (2001) (with Richard M. Mosk). ssrn cu
  • "Book review (reviewing Daniel Bell, East Meets West: Human Rights and Democracy in East Asia (2000))," 10 Law and Politics Book Review 577 (2000). cu
  • "Does Law Matter for Economic Development? - Evidence from East Asia," 34 Law and Society Review 829 (2000). cu
  • "Book Review (reviewing T.S. Batbayar, Modern Mongolia--A Concise History (1996))," 28 Journal of Contemporary Asia 572 (1998). cu
  • "Deepening Democracy: Mongolia," 38 Asian Survey 64 (1998). cu
  • "Book Review (reviewing Neal Devins, Shaping Constitutional Values: Elected Government, the Supreme Court, and the Abortion Debate (1996))," 85 California Law Review 749 (1997). cu
  • "Fighting Fire and Ice: Mongolia," 37 Asian Survey 60 (1997). cu
  • "Comparing Judicial Discretion: An Empirical Test of Economic Models," 16 International Review of Law and Economics 295 (1996) (with Robert D. Cooter). cu
  • "Between Russia and China: Political Reform in Mongolia," 35 Asian Survey 459 (1995). cu
  • "The Transformation of Legal Institutions in Mongolia, 1990-1993," 12 Issues and Studies: A Journal of Chinese and International Affairs 77 (1994). cu
  • "Buddhism and Revolution in Southeast Asia," 3 Undergraduate Journal of Asian Studies 49 (1989). cu

Book Sections

  • "Constitutional Backsliding," in Max Planck Encyclopedia of Comparative Constitutional Law, Rüdiger Wolfrum & et al. eds. (Oxford University Press, forthcoming) (with Aziz Z. Huq).
  • "Constitutional Design Options for Territorial Cleavages in the Middle East," in Federalism and Decentralization in the Contemporary Middle East and North Africa, Asli Ü. Bâli & Omar Dajani eds. (Cambridge University Press, forthcoming).
  • "Models of Constitutional Review," in The Oxford Handbook of Comparative Judicial Behavior (Oxford University Press, forthcoming) (with Mila Versteeg).
  • "The Future of Liberal Democracy in the International Legal Order," in Is the International Legal Order Unraveling?, David L. Sloss ed. (Oxford University Press, forthcoming). ssrn
  • "The International Court of Justice as an Institution," in Cambridge Companion to the International Court of Justice, Carlos Espósito & Kate Parlett eds. (Cambridge University Press, forthcoming).
  • "Buddhism and Constitutionalism: A Comparison with the Canon Law," in Buddhism and Comparative Constitutional Law (Cambridge University Press, 2022) (with R. H. Helmholz & Benjamin Schonthal).
  • "Some Advice on Constitutional Advice," in European Yearbook of Constitutional Law 2021, Jurgen de Poorter, Gerhard van der Schyff, Maarten Stremler & Maartje De Visser eds. (T.M.C. Asser Press, 2022). www
  • "The State of the Field," in Constitutionalism in Context, David S. Law ed. (Cambridge University Press, 2022). www
  • "Constitutional Amendment and Term Limit Evasion in Africa," in Comparative Constitutional Law in Africa, Rosalind Dixon, Tom Ginsburg & Adem Kassie Abebe eds. (Elgar, 2022).
  • "Asia’s Illiberal Governments," in Routledge Handbook of Illiberalism, Stephen Holmes, Andras Sajo & Renáta Uitz eds. (Routledge, 2022). www
  • "Latin American Constitutionalism: A U.S. Perspective," in The Oxford Handbook of Constitutional Law in Latin America, Conrado Hübner Mendes, Roberto Gargarella & Sebastián Guidi eds. (Oxford University Press, 2022).
  • "Introduction: Constitution Makers on Constitution Making," in Constitution Makers on Constitution Making: New Cases, Sumit Bisarya ed. (Cambridge University Press, 2022).
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  • "Law and Literature after the Pacific War: Endo Shusaku’s The Sea and the Poison," in Cannons and Codes: Law, Literature, and America’s Wars, Alison L. LaCroix, Jonathan S. Masur, Martha C. Nussbaum & Laura Weinrib eds. (New York, NY: Oxford University Press, 2021).
  • "Democratic Erosion without Prerequisites? Poland and the Two Liberalisms," in Constitutionalism under Stress: Essays in Honour of Wojciech Sadurski, Uladzislau Belavusau & Aleksandra Gliszczynska-Grabias eds. (Oxford University Press, 2020). www
  • "Thailand's Democratic Moment: The Constitution of 1997," in Redrafting Constitutions in Democratic Regimes: Theoretical and Comparative Perspectives, Gabriel L. Negretto ed. (Cambridge University Press, 2020). www
  • "From Signal to Legality: Meiji Japan and Authoritarian Constitutionalism," in Authoritarian Legality in Asia: Formation, Development and Transition, Weitseng Chen & Hualing Fu eds. (Cambridge University Press, 2020). www
  • "Beyond Window Dressing: Constitutions in Authoritarian Regimes," in Modern Constitutions, Rogers M. Smith & Richard R. Beeman eds. (University of Pennsylvania Press, 2020). www
  • "Constitutional Endurance," in Routledge Handbook of Comparative Constitutional Change, Xenopho¯n Kontiade¯s & Alkmene Fotiadou eds. (Routledge, 2020).
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  • "COVID-19 and the US Constitution," in COVID-19 and Constitutional Law, José Maria Serna de la Garza ed. (Universidad Nacional Autónoma de México (UNAM), Instituto de Investigaciones Jurídicas, 2020). www
  • "Transformational Authoritarian Constitutions: The Case of Chile," in From Parchment to Practice: Implementing New Constitutions, Tom Ginsburg & Aziz Z. Huq eds. (Cambridge University Press, 2020).
  • "Moderation and Monarchy Mitigate Populists: How Norway's Constitutional Democracy Endures," in Uten sammenligning: Festskrift til Eivind Smith, Iris Nguyên-Duy, Sunniva C. Bragdø-Ellenes, Inge L. Backer, Svein Eng & Bjørn E. Rasch eds. (Fagbokforlaget, 2020). www
  • "Comparative Foreign Relations Law: A National Constitutions Perspective," in The Oxford Handbook of Comparative Foreign Relations Law, Curtis A. Bradley ed. (Oxford University Press, 2019).
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  • "Constitutional Advice and Transnational Legal Order," in Constitution-Making and Transnational Legal Order, Gregory Shaffer, Tom Ginsburg & Terence C. Halliday eds. (Cambridge University Press, 2019).
  • "Constitution-Making as Transnational Legal Ordering," in Constitution-Making and Transnational Legal Order, Tom Ginsburg, Gregory Shaffer & Terence C. Halliday eds. (Cambridge University Press, 2019) (with Gregory Shaffer & Terence C. Halliday).
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  • "Balanced Budget Provisions in Constitutions," in Constitutions in Times of Financial Crisis, Mark D. Rosen, Georg Vanberg & Tom Ginsburg eds. (Cambridge University Press, 2019).
  • "How to Lose a Constitutional Democracy," in Current Debates in Comparative Politics, Tyler Dickovick & Jonathan Eastwood eds. (Oxford University Press, 2019) (with Aziz Z. Huq).
  • "One Size Does Not Fit All: The Provision and Interpretation of Presidential Term Limits," in The Politics of Presidential Term Limits, Alexander Baturo & Robert Elgie eds. (2019) (with Zachary Elkins). www
  • "Introduction: Liberal Constitutions during Financial Crisis," in Constitutions in Times of Financial Crisis, Mark D. Rosen & Georg Vanberg eds. (Cambridge University Press, 2019).
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  • "Difficulties with Measuring the Rule of Law," in Handbook on the Rule of Law, Christopher May & Adam Winchester eds. (Edward Elgar, 2018). cu
  • "Defining and Tracking the Trajectory of Liberal Constitutional Democracy," in Constitutional Democracy in Crisis?, Mark A. Graber, Sanford Levinson & Mark V. Tushnet eds. (Oxford University Press, 2018) (with Aziz Z. Huq). cu
  • "Avoiding Rights," in Constitutional Courts in Asia: A Comparative Perspective, Albert H. Chen ed. (Cambridge University Press, 2018) (with Chimid Enbaatar). cu
  • "How We Lost Constitutional Democracy," in Can It Happen Here? Authoritarianism in America, Cass R. Sunstein ed. (Dey Street Books, 2018) (with Aziz Z. Huq). cu
  • "Constitutional Drafting in Latin America: A Quantitative Perspective," in Constitutionalism in the Americas, Colin Crawford & Daniel Bonilla Maldonado eds. (Edward Elgar, 2018) (with David S. Law). cu
  • "Objections to Treaty Reservations: A Comparative Approach to Decentralized Interpretation," in Comparative International Law, Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier & Mila Versteeg eds. (Oxford University Press, 2018). cu
  • "Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law," in Comparative Administrative Law, Susan Rose-Ackerman, Peter Lindseth & Blake Emerson eds. (Edward Elgar, 2017). cu
  • "Comparative Constitutional Law in Latin America - An Introduction," in Comparative Constitutional Law in Latin America, Rosalind Dixon & Tom Ginsburg eds. (Edward Elgar, 2017) (with Rosalind Dixon). cu
  • "The Scholar as Reformer," in The Legal Process in Contemporary Japan: A Festschrift in Honor of Professor Setsuo Miyazawa's 70th Birthday, Vol.2, Keiichi Kamishi, Hiroshi Otsuka, Katsuhiro Musashi & Mari Hirayama eds. (Shinzansha, 2017). cu
  • "The Universal Declaration of Human Rights as a Constitutional Model," in Human Rights Of, By, and For the People: How to Critique and Change the US Constitution, Keri E. Iyall Smith, Louis E. Esparza & Judith R. Blau eds. (Routledge, 2017) (with Zachary Elkins & James Melton). cu
  • "The Design of Constitutions," in The Oxford Handbook of Law and Economics: Volume 3: Public Law and Legal Institutions, Francesco Parisi ed. (Oxford University Press, 2017). cu
  • "Playing for Constitutional Time: Interim Constitutions and Transitional Provision," in The Timing of Lawmaking, Saul Levmore & Frank Fagan eds. (Edward Elgar, 2017) (with Eric Alston). cu
  • "Special Economic Zones: A Constitutional Political Economy Perspective," in Special Economic Zones: Law and Policy Perspectives, Jurgen Basedow & Toshiyuki Kono eds. (Mohr Siebeck, 2017). cu
  • "Constitutional Correlates Of The Rule Of Law," in Constitutionalism and the Rule of Law, Maurice Adams, Anne Meuwese & Ernst H. Ballin eds. (Cambridge University Press, 2017) (with Mila Versteeg). cu
  • "El factor inclusión en el proceso constituyente: lecciones de la experiencia comparada," in Cambio constitucional en democracia (Chile, Secretaría General de la Presidencia, 2016). cu
  • "Between Endurance And Change In South-East Asia: The Military and Constitutional Reform in Myanmar and Thailand," in Annual Review of Constitution-Building Processes: 2015 (Institute for Democracy and Electoral Assistance, 2016) (with Melissa Crouch). cu www
  • "Time and Constitutional Efficacy," in Assessing Constitutional Performance, Tom Ginsburg & Aziz Z. Huq eds. (Cambridge University Press, 2016). cu www
  • "Time and Constitutional Efficacy," in Assessing Constitutional Performance, Tom Ginsburg & Aziz Z. Huq eds. (Cambridge University Press, 2016) (with Zachary Elkins & James Melton). cu www
  • "The Interaction between Domestic and International Law," in Economic Analysis of International Law, Eugene Kontorovich & Francesco Parisi eds. (Edward Elgar, 2016). cu
  • "Introduction," in Assessing Constitutional Performance, Tom Ginsburg & Aziz Z. Huq eds. (Cambridge University Press, 2016) (with Aziz Z. Huq). cu
  • "Korea and the Reform of the Northeast Asian Legal Complex," in The Spirit of Korean Law: Korean Legal History in Context, Marie S. Kim ed. (Brill, 2015). cu
  • "Foreword: Asia's Changing Legal and Judicial Landscape," in East Asia's Renewed Respect for the Rule of Law in the 21st Century: The Future of Legal and Judicial Landscapes in East Asia, Setsuo Miyazawa, Weidong Ji, Hiroshi Fukurai, Kay-Wah Chan & Matthias Vanhullebusch eds. (Brill, 2015). cu
  • "Stjórnarskrárgerd á Tímum Gagnæis: Ísland í Samanburdi Vid Önnur Lönd," in Lýðræðistilraunir. Ísland í hruni og endurreisn, Jón Ólafsson ed. (University of Iceland Press, 2014) (with Zachary Elkins) (in Icelandic). cu
  • "The Judiciary and Constitution Building in 2013," in Constitution Building: A Global Review (International IDEA, 2014) (with Yuhniwo Ngenge). cu www
  • "Ronald Goes to China," in Ronald H. Coase (University of Chicago Law School, 2014). cu
  • "East Asian Constitutionalism in Comparative Perspective," in Constitutionalism in Asia in the Early Twenty-First Century, Albert H. Chen ed. (Cambridge University Press, 2014). cu
  • "Constitutions and Election Management," in Advancing Electoral Integrity, Pippa Norris, Richard W. Frank & Ferran Martinez i Coma eds. (Oxford University Press, 2014) (with Svitlana Chernykh & Zachary Elkins & Thomas Melton ). cu
  • "The Politics of Law and Development in Middle-Income Countries," in Law and Development of Middle-Income Countries: Avoiding the Middle-Income Trap, Tom Ginsburg & Randall Peerenboom eds. (Cambridge University Press, 2014). cu
  • "Law and Development in MICs: Conclusion," in Law and Development of Middle-Income Countries: Avoiding the Middle-Income Trap, Randall Peerenboom ed. (Cambridge University Press, 2014) (with Randall Peerenboom). cu
  • "Law and Development in MICs: Conclusion," in Law and Development of Middle-Income Countries: Avoiding the Middle-Income Trap, Tom Ginsburg ed. (Cambridge University Press, 2014) (with Randall Peerenboom). cu
  • "Constitutional Courts in East Asia," in Comparative Constitutional Law in Asia, Tom Ginsburg & Rosalind Dixon eds. (Edward Elgar, 2014). cu
  • "Participation in Constitutional Design: Asian Exceptionalism," in Comparative Constitutional Law in Asia, Rosalind Dixon & Tom Ginsburg eds. (Edward Elgar, 2014) (with Justin Blount). cu
  • "Introduction," in Comparative Constitutional Law in Asia, Rosalind Dixon & Tom Ginsburg eds. (Edward Elgar, 2014) (with Rosalind Dixon). cu
  • "Property Rights and Economic Development in Northeast Asia," in Festschrift zu Ehren von Christian Kirchner: Recht im ökonomischen Kontext, Wulf Kaal, Matthias Schmidt & Andreas Schwartze eds. (Mohr Siebeck Tübingen, 2014). cu
  • "Innovative Language in the Preamble: Research and Poetics," in AmericaN (Lucky Pierre, 2013) (with Amber Ginsburg). cu
  • "The Effects of Liberalization on Litigation: Notes toward a Theory in the Context of Japan," in Law and Society in East Asia, Christoph Antons & Roman Tomasic eds. (Ashgate, 2013) (with Glenn Hoetker). cu
  • "Introduction," in Constitutions in Authoritarian Regimes, Tom Ginsburg & Alberto Simpser eds. (Cambridge University Press, 2013) (with Alberto Simpser). cu
  • "The Content of Authoritarian Constitutions," in Constitutions in Authoritarian Regimes, Tom Ginsburg & Alberto Simpser eds. (Cambridge University Press, 2013). cu
  • "The Content of Authoritarian Constitutions," in Constitutions in Authoritarian Regimes, Tom Ginsburg & Alberto Simpser eds. (Cambridge University Press, 2013) (with Zachary Elkins & James Melton). cu
  • "The Constitutional Court and Judicialization of Korean Politics," in Public Law in East Asia, Albert H. Chen & Tom Ginsburg eds. (Ashgate Publishing Limited, 2013). cu
  • "When Courts and Politics Collide: Mongolia's Constitutional Crisis," in Public Law in East Asia, Albert H. Chen & Tom Ginsburg eds. (Ashgate Publishing Limited, 2013) (with Gombosuren Ganzorig). cu
  • "Constitutional Afterlife: The Continuing Impact of Thailand's Postpolitical Constitution," in Public Law in East Asia, Albert H. Chen & Tom Ginsburg eds. (Ashgate Publishing Limited, 2013). cu
  • "The Politics of Courts in Democratization: Four Junctures in Asia," in Consequential Courts: Judicial Roles in Global Perspective, Diana Kapiszewski, Gordon Silverstein & Robert A. Kagan eds. (Cambridge University Press, 2013). cu
  • "Constitutions as Contract, Constitutions as Charter," in Social and Political Foundations of Constitutions, Dennis Galligan & Mila Versteeg eds. (Cambridge University Press, 2013). cu
  • "An epidemiological analysis of constitutional mortality," in Law and politics : critical concepts in political science. V. 4, Comparative and international issues, Keith Whittington ed. (Routledge, 2013) (with Zachary Elkins & James Melton). cu
  • "Political Constraints on International Courts," in Oxford Handbook of International Adjudication, Karen Alter, Cesare P. Romano & Yuval Shany eds. (Oxford University Press, 2013). cu
  • "Constitutional Law and Courts," in Comparative Law and Society, David S. Clark ed. (Edward Elgar, 2012). cu
  • "Japanese Law and Asian Development," in Law and Development in Asia, Gerald P. McAlinn & Caslav Pejovic eds. (Routledge, 2012). cu
  • "Still the Land of Presidentialism? Executives and the Latin American Constitution," in New Constitutionalism in Latin America: Promises and Practices, Detlef Nolte & Almut Schilling-Vacaflor eds. (Ashgate, 2012) (with Jose A. Cheibub & Zachary Elkins). cu
  • "Economic Analysis and Comparative Law," in The Cambridge Companion to Comparative Law, Mauro Bussani & Ugo Mattei eds. (Cambridge University Press, 2012) (with Nuno Garoupa). cu
  • "Lawrence M. Friedman's Comparative Law, with Notes on Japan," in Using Legal Culture, David Nelken ed. (Wildy Simmonds & Hill, 2012). cu
  • "Does the Process of Constitution-Making Matter?," in Comparative Constitutional Design, Tom Ginsburg ed. (Cambridge University Press, 2012). cu
  • "Does the Process of Constitution-Making Matter?," in Comparative Constitutional Design, Tom Ginsburg ed. (Cambridge University Press, 2012) (with Justin Blount & Zachary Elkins). cu
  • "Do Executive Term Limits Cause Constitutional Crises?," in Comparative Constitutional Design, Tom Ginsburg ed. (Cambridge University Press, 2012) (with Zachary Elkins & James Melton). cu
  • "Do Executive Term Limits Cause Constitutional Crises?," in Comparative Constitutional Design, Tom Ginsburg ed. (Cambridge University Press, 2012). cu
  • "The Judicialization of Japanese Politics?," in The Japanese Legal System: An Era of Transition, Tom Ginsburg & Harry Scheiber eds. (University of California at Berkeley, 2012) (with Tokujin Matsudaira). cu
  • "Introduction," in The Japanese Legal System: An Era of Transition, Tom Ginsburg & Harry Scheiber eds. (University of California at Berkeley, 2012) (with Harry Scheiber). cu
  • "The Judicialization Of Japanese Politics," in The Judicialization Of Politics In Asia, Bjoern Dressel ed. (Routledge, 2012) (with Tokujin Matsudaira). cu
  • "Becoming an International Arbitrator: Qualifications, Disclosures, Conduct, and Removal," in The Practitioner's Handbook of International Arbitration and Mediation, Daniel M. Kolkey, Richard Chernick & Barbara R. Neal eds. (Juris Net, 2012) (with Richard M. Mosk). cu
  • "The Future of National Constitutions in a Global World," in The Law of the Future and the Future of Law, Sam Muller, Stavros Zouridis, Morly Frishman & Laura Kistermaker eds. (Torkel Opsahl Academic Epublisher, 2011). cu www
  • "In Defense of Imperialism? -- The Rule of Law and the State-building Project," in Getting to the Rule of Law, James E. Fleming ed. (New York University Press, 2011). cu
  • "Constitutional Endurance," in Comparative Constitutional Law, Tom Ginsburg & Rosalind Dixon eds. (Edward Elgar, 2011). cu
  • "The Politics of Constitutional Courts: Four Moments in Asia," in Proceedings of Thammasat University Conference on Law in a Changing World (2011). cu
  • "Constitutional Specificity: Some Preliminary Investigations," in Future of Comparative Study of Law (Chuo University Press, 2011). cu
  • "Lawrence Friedman's Comparative Law," in Law, Society and History: Essays on Themes in the Legal History and Legal Sociology of Lawrence M. Friedman, Robert Gordon & Morton J. Horwitz eds. (Cambridge University Press, 2011). cu
  • "How Does International Law Work?," in Oxford Handbook of Empirical Legal Research, Peter Cane & Herbert Kritzer eds. (2010). cu
  • "Constitutional Specificity, Unwritten Understandings and Constitutional Agreement," in Constitutional Topography: Values and Constitutions, András Sajó & Renáta Uitz eds. (2010). cu
  • "Public Choice and Constitutional Design," in Research handbook on public choice and public law, Daniel A. Farber & Anne J. O'Connell eds. (Edward Elgar, 2010). cu
  • "The Politics of Courts in Democratization," in Global Perspectives on the Rule of Law, James J. Heckman, Robert L. Nelson & Lee Cabatingan eds. (Routledge, 2010). cu
  • "Judicial Independence in East Asia: Implications for China," in Judicial Independence in China, Randall Peerenboom ed. (Cambridge University Press, 2010). cu
  • "Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law," in Comparative Administrative Law, Peter Lindseth & Susan Rose-Ackerman eds. (Edward Elgar, 2010). cu
  • "East Asia: Constitutional Courts in East Asia: Understanding Variation," in Constitutional Courts: A Comparative Study, Andrew Harding & Peter Leyland eds. (Wildy, Simmonds & Hill, 2009). cu
  • "The Constitutional Court and the Judicialization of Korean Politics," in New Courts in Asia, Andrew Harding ed. (Routledge, 2009). cu
  • "Introduction: The Politics of Courts in Authoritarian Regimes," in Rule by Law : The Politics of Courts in Authoritarian Regimes, Tom Ginsburg & Tamir Moustafa eds. (Cambridge University Press, 2008) (with Tamir Moustafa). cu
  • "The Judicialization of Administrative Governance: Causes, Consequences and Limits," in Administrative Law and Governance in Asia: Comparative Perspectives, Tom Ginsburg & Albert H. Chen eds. (Routledge, 2008). cu
  • "Administrative Law and Judicial Control of Agents in Authoritarian Regimes," in Rule by Law : The Politics of Courts in Authoritarian Regimes, Tom Ginsburg & Tamir Moustafa eds. (Cambridge University Press, 2008). cu
  • "Administrative Law and Governance in Asia: Comparative Perspectives," in Administrative Law and Governance in Asia : Comparative Perspectives, Tom Ginsburg & Albert H. Chen eds. (Routledge, 2008) (with Albert H. Chen). cu
  • "Gobierno Judicial y Consejo Judiciales: una Miranda desde el Derecho y law Economía," in Reforma al poder judicial : gobierno judicial, Corte Suprema y gestión : bases jurídicas y de política pública para un debate necesario, José Francisco Garciá. F. Garciá, Francisco J. Leturia & Cluadio J. Osorio eds. (Libertad Desarrollo, 2007) (with Nuno Garoupa). cu
  • "What We Know and What We Don't Know About Law and Economic Development," in Research on Institutional Economics, Shao-an Huang ed. (Economic Science Press, Beijing, 2007) (in Chinese). cu
  • "The Unreluctant Litigant? Japan's Turn Toward Litigation," in Emerging Concepts of Rights in Japanese Law, Laurent Mayali & Harry Scheiber eds. (Berkeley, 2007) (excerpted). cu
  • "The Politics of Transparency in Japanese Administrative Law," in Law in Japan: A Turning Point, Daniel H. Foote ed. (University of Washington Press, 2007). cu
  • "Ways of Criticizing Public Choice: Empiricism and the Use of Theory in Legal Scholarship," in Public Choice and Public Law, Daniel A. Farber ed. (Edward Elgar, 2007). cu
  • "The Global Spread of Judicial Review," in Oxford Handbook of Law and Politics, Daniel Keleman & Keith Wittington eds. (Oxford University Press, 2007). cu
  • "Law and the Liberal Transformation of the Northeast Asian Legal Complex," in Fighting for Political Freedom: Comparative Studes of the Legal Complex and Political Liberalism, Malcolm Feeley, Terence C. Halliday & Lucien Karpik eds. (Hart, 2007). cu
  • "The Unreluctant Litigant? Japan's Turn Toward Litigation," in The Japanese Legal System, J. M. Ramseyer, Curtis J. Milhaupt & Mark West eds. (2006) (Excerpt of 35 Journal of Legal Studies 31 2006). cu
  • "The Warren Court in East Asia: An Essay in Comparative Law," in The Warren Court: a Retrospective, Harry Scheiber ed. (University of California Institute of Governmental Studies, 2006). cu
  • "The Regulation of Regulation," in Corporate Governance in Context: Corporations, States, and Markets in Europe, Japan, and the U. S., Harald Baum, Klaus J. Hopt, Hideki Kanda & Eddy Wymersch eds. (Oxford University Press, 2006). cu
  • "Mongolia," in Governments of the World: A Global Guide to Citizens' Rights and Responsibilities, Neal Tate ed. (Macmillan Reference USA/Thomson Gale, 2006). cu
  • "Constitutional Engineering," in Taiwan: The Implications of Global Trends (Taiwan Law Society, 2005). cu
  • "Constitutional Courts," in Encyclopedia of Law and Society., David S. Clark ed. 2005). cu
  • "International Judicial Lawmaking," in International Conflict Resolution, Max Albert, Dieter Schmidtchen & Stefan Voigt eds. (Mohr Siebeck, 2005). cu
  • "Comparing Judicial Discretion: An Empirical Test of Economic Models," in Constitutional Political Economy, Stefan Voigt ed. (2005) (with Robert D. Cooter). cu
  • "Beyond Judicial Review: Ancillary Powers of Constitutional Courts," in Institutions and Public Law: Comparative Approaches (Peter Lang, 2004). cu
  • "Introduction: The Politics of Legal Reform in Korea," in Legal Reform in Korea, Tom Ginsburg ed. (RoutledgeCurzon, 2004). cu
  • "East Asian Regulatory Informalism: Implications for Post-Communist Countries," in Law and Informal Practices: The Post-Communist Experience, Dennis Galligan & Marina Kurkchiyan eds. (Oxford University Press, 2003). cu
  • "System Change? A New Perspective on Japan's Administrative Procedures Law," in The Multiple Worlds of Japanese Law, Tom Ginsburg, Luke Nottage & Hiroo Sono eds. (Center for Asia-Pacific Initiatives, 2002). cu
  • "In Defense of Japanese Law," in The Multiple Worlds of Japanese Law, Tom Ginsburg, Luke Nottage & Hiroo Sono eds. (Center for Asia-Pacific Initiatives, 2001). cu
  • "Property Rights and Economic Development," in Teaching about Japan in Japan, Richard Bowring & Noel J. Pinnington eds. (Kyushu University Press, 2001). cu
  • "Dissents in International Arbitration," in Liber Amicorum Bengt Broms (Finnish International Law Association, 1999) (with Richard M. Mosk). cu
  • "Nationalism, Elites, and Mongolia's Rapid Transformation," in Mongolia in the Twentieth Century: Landlocked Cosmopolitan, Bruce A. Elleman & Stephen Kotkin eds. (M.E. Sharp, 1999). cu
  • "Division of Powers in the European Union Constitution," in The New Palgrave Dictionary of Law and Economics.1998) (with Robert D. Cooter). cu
  • "Comparing Judicial Discretion in Industrial Democracies," in Constitutional Law and Economics of the European Union, Robert D. Cooter & K. Schmidtchen eds. (Edward Elgar, 1997). cu
  • "Constitutionalism and Human Rights in Mongolia," in Mongolia in Transition, O. Bruun & O. Odgaard eds. (RoutledgeCurzon, 1996) (with Gombosuren Ganzorig). cu
  • "A Colder Peace? Issues in the U. S.-Japan Security Alliance," in The Future of the U.S.-Japan Security Alliance, Tom Ginsburg, Seizaburo Sato & Robert A. Scalapino eds. (Asia Foundation's Center for Asian Pacific Affairs, 1991). cu

Working Papers

  • "Legality in Contemporary Chinese Politics," (2018) (with Taisu Zhang). ssrn
  • "[Dis-]Informing the People's Discretion: Judicial Deference Under The National Security Exemption of the Freedom of Information Act," University of Chicago Public Law & Legal Theory Paper Series, No. 516 (2014) (with Susan N. Mart). cu

Other Publications

  • "Opinion: Having a King like Charles is a good defense for democracy," Los Angeles Times, May 4, 2023. www
  • "The Wicked Problem Embodied by The Twitter Files," ProMarket, January 26, 2023. www
  • "The Three-Front War on Academic Freedom," Project Syndicate, January 12, 2023. www
  • "Dividendo democrático dos democratas," Valor econômico, December 22, 2022 (with Aziz Z. Huq).
  • "The Democrats’ Democratic Dividend," Project Syndicate, December 16, 2022 (with Aziz Z. Huq) (Also published in ePardafas, December 22, 2022.). www
  • "Unpacking The Law Behind Cowboys For Trump Founder’s Removal From Elected Office," Talking Points Memo Blog, September 15, 2022 (with Aziz Z. Huq & David E. Landau ).
  • "A New Mexico official who joined the Capitol attacks is barred from politics – but the little-known law behind the removal has some potential pitfalls for democracy," The Conversation, September 14, 2022 (with Aziz Z. Huq & David E. Landau ).
  • "Rebel Courts” Book Symposium – Rebel Courts and the Rule of Law," Armed Groups and International Law, June 9, 2022. www
  • "America's Abortion Debate is Broken," Persuasion, May 23, 2022. www
  • "Filibuster Reform is a Dangerous Necessity," Persuasion, January 18, 2022. www
  • "The Law of Individual Disqualification in a Democracy," Lawfare, November 8, 2021 (with Aziz Z. Huq & David E. Landau). www
  • "The Supreme Court Isn't Broken: Partisan politics has not captured the court, despite the conventional wisdom," Persuasion, July 9, 2021. www
  • "The Review: How to Truly Protect Academic Freedom," The Chronicle of Higher Education, June 16, 2021. www
  • "ICON: Editors’ Choice of Books 2020: Review: Philip Cunliffe, The New Twenty Years Crisis (McGill Queens University Press, 2020) , 1999-2019: Varlam Shalamov's Kolyma Stories (NYRB Press, 2018)," I-CONnect, June 8, 2021. www
  • "Review: The Conflicts and Characters Behind the World’s Constitutions," The Washington Post, May 14, 2021. www
  • "Non trasformiamo definitivamente la Corte suprema in un organo politico," Domani, May 4, 2021. www
  • "Does Disqualification Work?," Persuasion, May 3, 2021 (with Aziz Z. Huq). www
  • "Don't Pack the Court," Persuasion, April 21, 2021. www
  • "Disqualification Won’t Keep Trump Out of the White House," Balkinization, February 11, 2021. www
  • "The Dilemma of Democratic Disqualification: The New Trump Impeachment Process in Comparative Perspective," I·CONnect: the Blog of the International Journal of Constitutional Law, January 21, 2021 (with Aziz Z. Huq & David E. Landau). www
  • "Hong Kong’s Crisis and the Turn Toward Extraterritorial Law," ProMarket, July 2020. www
  • "COVID-19 and the Bound Executive," I-CONnect, May 26, 2020 (with Mila Versteeg). www
  • "How Constitutions Get Implemented?," FifteenEightyFour, April 30, 2020 (with Aziz Z. Huq). www
  • "States of Emergencies: Part II," Harvard Law Review Blog, April 20, 2020 (with Mila Versteeg). www
  • "States of Emergencies: Part I," Harvard Law Review Blog, April 17, 2020 (with Mila Versteeg). www
  • "Can Emergency Powers Go Too Far?," Tablet, April 2020 (with Mila Versteeg). www
  • "Is the Constitution the Problem?," The American Interest, February 2020 (with Aziz Z. Huq). www
  • "Designing Better Impeachments," Boston Review, February 2020 (with Aziz Z. Huq & David E. Landau). www
  • "Opinion: Impeachment has Rebooted Other Democracies Stuck in Corruption and Gridlock," Los Angeles Times, December 15, 2019 (with Aziz Z. Huq & David E. Landau). www
  • "I-CONnect Symposium: The 30th Anniversary of the Constitutional Court of Korea-Part II: The South Korean Constitutional Court in Comparative Perspective," I-CONnect, March 9, 2019. www
  • "Republicans Took Oversight Power from the Minority: Democrats Should Restore It," Washington Post, November 11, 2018 (with Aziz Z. Huq). www
  • "Democrats Want to Investigate Trump. Here's Why They Should Be Careful," Politico Magazine, November 9, 2018 (with Aziz Z. Huq). www
  • "Constitutional Courts and the Project of Democratic Defense," Public Seminar, October 30, 2018 (with Aziz Z. Huq). www
  • "A Tainting of Judicial Independence," Take Care, October 8, 2018 (with Aziz Z. Huq). www
  • "Impeachment as a Constitutional Design Choice," Take Care, June 18, 2018 (with Aziz Z. Huq). www
  • "You Shall Appoint for Yourself Judges," Jewish Review of Books, June 15, 2018. www
  • "Can the President Be Indicted? Yes, But Not By Who You Think," Fortune, May 22, 2018. www
  • "Reinterpret, Don't Repeal," Huffington Post, October 5, 2017. www
  • "A Fresh Solution To The "Vetting" Problem: Make Refugees Accountable For One Another," Vox, April 10, 2017 (with Alberto Simpser). www
  • "How to Lose a Constitutional Democracy," Vox, February 21, 2017 (with Aziz Z. Huq). www
  • "The U.S. Constitution and the Risk of Democratic Backsliding," Just Security, January 23, 2017 (with Aziz Z. Huq). www
  • "2016 Book Recommendations – Hofstadter on American Politics, Lanni on Ancient Athens," I-CONnect, December 1, 2016. www
  • "A Third Term Alternative?," Huffington Post, November 7, 2016. www
  • "Heavy Lies the Crown," Foreign Policy, October 14, 2016. www
  • "El rol de la Suprema Corte en la consolidación democrática en México," Nexos, August 10, 2016. www
  • "Reform The Referendum: Brexit And The Limits Of Direct Democracy," Huffington Post, June 29, 2016 (with Dawood I. Ahmed). www
  • "After Scalia: A More Collegial Court?," Huffington Post, February 15, 2016. www
  • "Saving Baby Madison," Cato Unbound, December 15, 2015 (part of Examining Constitutional Crises exchange). www
  • "Rearmament and the Rule of Law in Japan: When Is it OK to Change the Constitution with a Statute?," Huffington Post, July 22, 2015. www
  • "A Novel Solution for the Greek Debt Crisis: Join Turkey," Huffington Post, July 8, 2015. www
  • "Stop Revering Magna Carta," New York Times, June 15, 2015. www
  • The Role of the Constitution of Mongolia in Consolidating Democracy, (United Nations Development Program). 2015). www
  • "Addition by Subtraction in the Maldives," Huffington Post, December 29, 2014. www
  • "Ending Soccer Games: A Modest Proposal," Huffington Post, July 9, 2014. www
  • Norway’s Enduring Constitution: Implications for Countries in Transition, ( International IDEA). 2014) (with James Melton). www
  • "Afghanistan's Constitution at Ten," Foreign Policy Online, March 2014 (with Aziz Z. Huq). www
  • "Stop Coddling Lame Duck Karzai," Chicago Tribune, February 7, 2014.
  • "A Tale of Two Countries: Constitutional Reform in the Middle East," Huffington Post, January 17, 2014. www
  • The Tunisian Judicial Sector: Analysis and Recommendations, (International IDEA & The Center for Constitutional Transitions at NYU Law). 2013). www
  • "Iceland: End of the Constitutional Saga?," Huffington Post, April 5, 2013. www
  • "Gun Rights as American Exceptionalism," Bloomberg View, March 2013 (with Zachary Elkins & James Melton). www
  • "Five Voting Systems Even Worse than the Electoral College," Foreign Policy, 2013 (with Daniel Lansberg-Rodriguez). www
  • "The Real Winner in the Egyptian Constitution? The Military," Huffington Post, December 7, 2012. www
  • A Review of Iceland's Draft Constitution, (The Comparative Constitutions Project). 2012) (with Zachary Elkins & James Melton). www
  • Democratic Transition in the Maldives: An Assessment, (Raajje Foundation). 2012).
  • "Libya's New Constitution: Lessons From Iraq's Missteps," Chicago Tribune, October 21, 2011.
  • Comparative Constitutional Review, (United States Institute of Peace). 2011). www

Awards and Honors

  • Robert E. Dalton Award, Best Book in Foreign Relations Law, American Society of International Law 2023 (for Democracies and International Law)
  • Best Book Award, American Branch of the International Law Association, 2022 (for Democracies and International Law)
  • Lasting Contribution Award, Law and Courts Section of American Political Science Association, 2022 (for Judicial Review in New Democracies)
  • Best Book Award, International Constitutional Law Society, 2019 (for How to Save a Constitutional Democracy)
  • Constitute Project: American Library Association Best Free Reference Websites for 2015; Tribeca Disruptive Innovation Award for a top “disruptive innovations”, 2014; Nominet Trust 100 Social Technology Project, 2013
  • Fulbright Award, University of Trento, Italy, 2014
  • Best Dataset Award, American Political Science Association Section on Comparative Democratization, 2013
  • Fellow, American Academy of Arts and Sciences, 2013-present
  • Honorable Mention, William A. Riker Book Award, American Political Science Association, 2011 (for The Endurance of National Constitutions)
  • Best Book Award, American Political Science Association Section on Comparative Democratization, 2010 (for The Endurance of National Constitutions)
  • Abe Fellowship, Social Science Research Program, 2008-2010
  • Award No. SES-0648288 (Comparative Constitutions Project), National Science Foundation, 2007-2008
  • University of Illinois Sheth Award for International Faculty Achievement, 2008
  • University of Illinois University Scholar, 2005-2006
  • University of Illinois Campus Award for Excellence in Graduate and Professional Teaching, 2005
  • C. Herman Pritchett Award, American Political Science Association, for Best Book on Law and Courts, 2004 (for Judicial Review in New Democracies)
  • Wayne LaFave Award for Excellence in Faculty Scholarship, University of Illinois College of Law, 2004 (for Judicial Review in New Democracies)
  • Hessel Yntema Prize for Best Article by a Scholar under 40, American Society of Comparative Law, 2002
  • National Science Foundation Graduate Research Award, 1994-1997
  • Order of the Coif

Editorial and Governance Boards

  • Democratic Erosion Project
  • Cambridge University Press, Co-editor, Comparative Constitutional Law and Policy
  • Edward Elgar Publishers, General Editor for series on Comparative Law
  • American Journal of International Law 2012-21
  • American Journal of Comparative Law, Executive Editorial Board
  • Asian Journal of Law and Society
  • Constitutional Political Economy
  • European-Asian Journal of Law and Governance
  • International Journal of Constitutional Law, Scientific Advisory Board
  • Journal of Korean Law
  • Law and Society Review, 2011-2014
  • Law and History Review 2012-2017
  • Man and the Economy
  • Mongolian Journal of Law
  • National Taiwan University Law Review
  • Revista Politca y Gobierno (Mexico)
  • Review of Constitutionalism and Constitutional Change
  • Thai Legal Studies
  • Zeitschrift für öffentliches Recht (Austrian Journal of Public Law, ZöR)
  • International Association for Constitutional Law, Executive Committee 2014-
  • Indiana University, External Advisory Board for the Ostrom Workshop, 2015-19
  • KoGuan Law School, Shanghai Jiaotong University, Advisory Board
  • Law and Society Association, Trustee, 2011-14
  • Center for Advanced Study in the Behavioral Sciences, Stanford University, Academic Advisory
  • Committee, 2013-2016
  • World Justice Project, Chair, Scholars’ Group, 2014-present