Tom Ginsburg
Visiting Professor of Law
1111 East 60th Street
Chicago, IL 60637
phone: 773-834-3087
email: tginsburg@uchicago.edu

Books

Comparative Legal Institutions (Aspen Publishing, forthcoming 2008) (with Francesco Parisi and Guy Seidman).

Legal Reform in Korea, editor (Routledge Publishing, 2004).

Judicial Review in New Democracies: Constitutional Courts in East Asia (Cambridge University Press, 2003).

Institutions and Public Law: Comparative Approaches, co-editor (Peter Lang Publishing, 2005).

International Commercial arbitration in Asia, co-editor, (Juris Publishing, 2002; 2nd ed. 2005) (with Philip J. McConnaughay).

The Multiple Worlds of Japanese Law, co-editor (University of Victoria Center for Asia Pacific Initiatives, 2001) (with Luke Nottage and Hiroo Sono).


Accepted and Published Articles

"Comparative Constitutional Drafting," 4 Annual Review of Law and Social Science (forthcoming 2008).

"Baghdad, Tokyo, Kabul: Constitution-making in Occupied States," Williams And Mary Law Review (forthcoming 2007) (with Zachary Elkins and James Melton).

"Odious Debt and Democratization," Law and Contemporary Problems (2007) (with Thomas Ulen).

"Irrational War and Constitutional Design: A Reply to Professors Nzelibe and Yoo," 27 Michigan Journal of International Law 1239-59 (2006) (with Paul Diehl).

"Locking in Democracy: Constitutions, Commitment and International Law," 38 NYU Journal of International Law and Politics 707-59 (2006).

"Takao Tanase, Japanese Litigiousness and 'Taking Kawashima Seriously,'" Proceedings from the 2005 Sho Sato Conference in Honor of Takao Tanase (2006).

"The Unreluctant Litigant? Japan’s Turn toward Litigation," 35 Journal of Legal Studies 31-62 (2006) (excerpted in The Japanese Legal System, Curtis Milhaupt, Mark Ramseyer and Mark West, eds. [2006] and Emerging Concepts of Rights in Japanese Law, Laurent Mayali and Harry Scheiber, eds. [Berkeley, 2007]).

"The State of Sovereignty in Southeast Asia," 99 American Society of International Law Proceedings 419 (2005).

"Bounded Discretion in International Judicial Lawmaking," 45 Virginia Journal of International Law 631-73 (2005).

"International Substitutes for Domestic Institutions," 25 International Review of Law and Economics 107 (2005).

"Adjudicating in Anarchy; An Expressive Theory of International Dispute Resolution," 45 William and Mary Law Review 1229 (2004) (with Richard McAdams).

"The Market for Entry-Level Associates," 31 Florida State Law Review 909 (2004) (with Jeffrey A Wolf).

"Democracy, Markets and Doomsaying," Review of Amy Chua, World on Fire, 22 Berkeley Journal of International Law 310 (2004).

"Transforming Legal Education in Japan and Korea," 22 Penn State International Law Review 433 (2004).

"The Culture of Arbitration," 36 Vanderbilt Journal of Transnational Law 1335 (2003).

"Ways of Criticizing Public Choice: Empiricism and the Use of Theory in Legal Scholarship," 2002 University of Illinois Law Review 1139 (2002) (reprinted in Public Choice and Public Law, edited by Daniel Farber, Edward Elgar Publishing, 2007).

"Confucian Constitutionalism? Globalization and Judicial Review in Korea and Taiwan," 27:4 Law and Social Inquiry 763 (2002).

"Comparative Administrative Procedure: Evidence from Northeast Asia," 13:3 Constitutional Political Economy 247 (September 2002).

"Constitutional Courts in New Democracies: Understanding Variation in East Asia," 2:1 Global Jurist Advances, Article 4 (2002).

"Economic Analysis and the Design of Constitutional Courts," 3 Theoretical Inquiries in Law 49 (Jan. 2002) (translated into Rumanian and published in Cluj, 2004).

"Dismantling the Developmental State? Administrative Procedure Reform in Japan and Korea," 49 American Journal of Comparative Law 585 (Fall 2001).

"When Courts and Politics Collide: Mongolia’s Constitutional Crisis," 14 Columbia Journal of Asian Law 309 (Spring 2001) (with G. Ganzorig).

"Evidentiary Privileges in International Arbitration," 50 International and Comparative Law Quarterly 345 (April 2001) (with Richard M. Mosk).

"Does Law Matter for Economic Development? Evidence from East Asia," 34: 3 Law and Society Review 829 (2000) (translated into Chinese).

"Comparing Judicial Discretion: An Empirical Test of Economic Models," 16 International Review of Law and Economics 295 (1996) (with Robert Cooter) (reprinted in Constitutional Political Economy, Stefan Voigt, ed., [2003]).

"Between Russia and China: Political Reform in Mongolia," 35 Asian Survey 459 (1995).

"The Transformation of Legal Institutions in Mongolia 1990-1993," 12 Issues & Studies: A Journal of Chinese and International Affairs 77 (1994.)

Book Chapters
"The Global Spread of Judicial Review," in Oxford Handbook of Law and Politics, Keith Whittington and Daniel Keleman, eds. (2007).

"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).

"The Politics of Transparency in Japanese Administrative Law," in Japanese Law in Transition, Daniel Foote, ed. (University of Washington Press, 2006).

"The Regulation of Regulation," in Corporate Governance in Context: Corporations, States and Markets in Europe, Japan and the U.S. 321, Eddy Wymersch, Hideki Kanda, Harald Baum and Klaus Hopt., eds. )Oxford University Press, 2006).

"International Judicial Lawmaking," in International Conflict Resolution 155-82, Stefan Voigt, Max Albert, and Dieter Schmitchen, eds. (Mohr Siebeck 2005).

"Constitutional Engineering" in Taiwan: The Implications of Global Trends (Taiwan Law Society, 2005).

"Beyond Judicial Review: Ancillary Powers of Constitutional Courts," in Institutions and Public Law: Comparative Approaches 225 (Peter Lang Publishing, 2005).

"East Asian Regulatory Informalism: Implications for Post-Communist Countries," in Law and Informal Practices: The Post-Communist Experience, Marina Kurkchiyan and Denis Galligan, eds. (Oxford University Press, 2003).

"System Change? A New Perspective on Japan’s Administrative Procedures Law," in The Multiple Worlds of Japanese Law, supra, (reprinted in Zeitschrift für Japanisches Recht, Heft 13, 2002).

"Becoming an International Arbitrator: Qualifications, Disclosures, Conduct and Removal," in The Practitioners Handbook of International Arbitration and Mediation (Rufus V. Rhoades, et al., ed., 2002, Juris Publishing) (with Richard M. Mosk).

"In Defense of Japanese Law, in The Multiple Worlds of Japanese Law," supra, (reprinted in Zeitschrift für Japanisches Recht, Heft 12, 2001).

"Nationalism, Elites and Mongolia’s Rapid Transformation," in Mongolia in the Twentieth Century: Landlocked Cosmopolitan, Stephen Kotkin and Bruce A. Elleman, eds., (1999).

"Dissents in International Arbitration" in Liber Amicorum Bengt Broms (Helsinki: Finnish International Law Association 1999) (with Richard M. Mosk).

"Comparing Judicial Discretion in Industrial Democracies," in European Constitutional Law and Economics, K. Schmidtgen and R. Cooter, eds. (1997) (with Robert Cooter).

"Constitutionalism and Human Rights in Mongolia in Mongolia" in Transition, O. Bruun and O. Odgaard, eds. (1996) (with G. Ganzorig).


Book Reviews, Policy Papers, and other Publications

"Courts and Social Transformation in New Democracies: An Institutional Voice for the Poor?" Democratization (forthcoming 2007)
Review of Chongko Choi, Law and Justice in Korea: North and South, 30 Journal of Korean Studies 126 (2006).

"Constitutional Courts," in Encyclopedia of Law and Society, David S. Clark, ed. (Sage Publications 2005).

"Mongolia," in Handbook of Politics, Neal Tate, ed. (2005).

Review of Malcolm M. Feeley and Setsuo Miyazawa, eds., "The Japanese Adversary System in Context: Controversies and Comparisons," 30:2 Journal of Japanese Studies 572-78 (2004).

Review of Annelise Riles, ed., Rethinking the Masters of Comparative Law, 12:4 Law and Politics Book Review 204 (2002)

"The Law and Policy of Earthquake Hazard in the Central United States," University of Illinois Institute of Government and Public Affairs Working Paper #104, 2002 (with Timothy Stark).

"Property Rights and Economic Development," lecture in Teaching about Japan in Japan, Richard Bowring and Noel J. Pinnington eds., (Fukuoka: Kyushu University Press, 2001)
Review of Daniel Bell, East Meets West: Human Rights and Democracy in East Asia, 10:10 Law and Politics Book Review 577 (2000).

"Iran-US Claims Tribunal: Case No. A27, 24a Y.B." International Commercial Arbitration 512-14 (1999).

"Division of Powers in the European Union Constitution," in The New Palgrave Dictionary of Law and Economics, P. Newman, ed. (1998) (with Robert Cooter).

Reviw of Ts. Batbayar, Modern Mongolia—A Concise History, 28 Journal of Contemporary Asia 572 (1998).

"Deepening Democracy: Mongolia," in 1997, 38 Asian Survey 64 (1998).

Review of Neal Devins, Shaping Constitutional Values, 85 California Law Review 749 (1997).

"Fighting Fire and Ice: Mongolia," in 1996, 37 Asian Survey 60 (1997).

"In the Shadows of Giants: Small States" in Asia, Center for Asian Pacific Affairs, Report No. 21 (1995).

"Mongolia's Draft Media Law," Post-Soviet Media Law and Policy Report (Nov. 1994).

Editor, Seeds of Peace, by Sulak Sivaraksa (1992).

"A Colder Peace? Issues in the U.S.-Japan Security Relationship," in The Future of the U.S.-Japan Security Alliance, R. Scalapino, S. Sato, and T. Ginsburg, eds. (1991).

"Buddhism and Revolution in Southeast Asia," Undergraduate Journal of Asian Studies (1989).