Douglas Ginsburg
Charles J. Merriam Scholar
1111 East 60th Street
Chicago, IL 60637

Publications

Books and Monographs

Requlation of the Electronic Mass Media: Law and Policy for Radio, Television, Cable and the New Video Technologies, 2d edition (West 1991) (with M. Botein and M. Director).

Requlation of Broadcasting: Law and Policy Towards Radio, Television and Cable Communications (West 1979).

1983 Supplement to Requlation of Broadcasting: Law and Policy Towards Radio, Television and Cable Communications (West, 1983) (with M. Director).

"Interstate Banking," 9 Hofstra L. Rev. 1133 (Special Issue 1981).

Government, Technology, and the Future of the Automobile (McGraw-Hill 1980) (edited with W. Abernathy).

Antitrust, Uncertainty, and Technological Innovation (National Academy of Engineering/National Research Council 1980), reprinted at 24 Antitrust Bull. 635 (1980).

Articles

"Article I, Section 1, Legislative Vesting Clause," in The Heritage Guide to the Constitution (Edwin Meese III, ed.) (2005).

"Comparing Antitrust Enforcement in the United States and Europe," 1 J. Comp. Law & Econ.427 (2005).

"Determinants of Private Antitrust Enforcement in the United States," Vol. 1, No. 2 Comp. Pol. Int'l 29 (with L. Brannon) (2005).

"On Constitutionalism," Cato Supreme Court Review 7 (2003).

"The Court En Banc: 1991-2002," 70 Geo. Wash. L. Rev. 259 (2002) (with B. Boynton).

"International Antitrust: 2000 and Beyond," 68 Antitrust L.J. 571 (2000).

"Multinational Merger Review: Lessons From Our Federalism," 68 Antitrust L.J. 219 (2000) (with S. Angstreich).

"Blackmail: An Economic Analysis of the Law," 141 U. Pa. L. Rev. 1849 (1993) (with P. Shechtman).

"Nonprice Competition," 38 Antitrust Bulletin 83 (1993).

"Antitrust as Antimonopoly," Regulation (Summer 1991).

"Vertical Restraints: De Facto Legality Under the Rule of Reason," 60 Antitrust L.J. 67 (1991).

"The Court En Banc: 1981-1990," 59 Geo. Wash. L. Rev. 1008 (1991) (with D. Falk).

"Rationalizing Antitrust: A Rejoinder to Professor Armentano," 35 Antitrust Bull. 329 (1990), reprinted in 2 The Antitrust Impulse 933, Theodore P. Kovaleff, ed (1994).

"White House Review of Agency Rulemaking," 99 Harv. L. Rev. 1075 (1986) (with C. DeMuth).

"The Case Against Federal Intervention in the Market for Corporate Control," 4 Brookings Rev. 15 (Winter/Spring 1986), reprinted at 32 University of Chicago Law School Record 14 (1986) (with J. Robinson).

"The Future of Interstate Banking," 9 J. Corp. L. 655 (1984), reprinted at 26 Corp. Prac. Commentator 469 (1985).

"Rights of Excess: Cable and the First Amendment," 6 Communications and the Law 71 (1984).

"Regulating Television Violence," (1983) (NAE workshop mimeo).

"Interstate Banking: A Preview of the Issues," ABA Banking J. (Feb. 1983).

"The New Illinois Bank Holding Company Act," 99 Bank. L. J. 598 (August 1982).

"Making Automobile Regulation Work: Policy Options and a Proposal," in Government, Technoloqy, and the Future of the Automobile, D. Ginsburg and W. Abernathy, eds. reprinted in 2 Harv. J. L. & Pub. Pol. 73 (1979).

Book Reviews

"Multinational Antitrust: Lessons from the U.S. Experience," review of Ky P. Ewing, Competition Rules for the 21st Century: Principles from America's Experience (2003), 103 Mich. L. Rev. (2004).

Review of Money for Nothing: Politicians, Rent Extraction, and Political Extortion, Fred S. McChesney, 97 Mich. L. Rev. 6 (1999).

Review of Power Without Responsibility: How Congress Abuses the People Through Delegation, David Schoenbrod, Regulation Magazine (1995 No.1).

Review of Enterprise and American Law, Herbert Hovenkamp, 75 Public Choice 396 (1993).

Review of The Litigation Explosion, Walter Olsen, 90 Mich. L. Rev. 1609 (1992).

"Breyer, Regulation and Its Reform," 20 Harv. J. Legis. 647 (1983).

"Reluctant Regulators: The FCC and the Broadcast Audience," 30 Fed. Communications L. J. 173 (1978).

Occasional Pieces

Introduction to R.H. Bork, "Legislative Intent and the Policy of the Sherman Act." 2 Competition Pol'y Int'l 225 (2006).

Preface, First Amendment Law Handbook, 1997 - 1998 Edition (1997).

Introduction: Competitive Enterprise Institute, Antitrust Reader (1997).

Foreword: "An Open Letter to Vice President Gore," in Environmental Gore (Pacific Research Institute 1994).

"Legal Responses to Bounded Rationality in German Administration: Comment," 150 Journal of Institutional and Theoretical Economics 163 (1994).

"A Property Rights Analysis of the Inefficiency of Investment Decisions by Labor-Managed Firms: Comment," 148 Journal of Institutional and Theoretical Economics 45 (1992).

"The Goals of Antitrust Revisited: Comment," 147 Journal of Institutional and Theoretical Economics 24 (1991).

"Introduction, Federal Spending and the Deficit: Is a Constitutional Remedy Necessary?" 11 Geo. Mason U. L. Rev . 115 (1989).

"In Memoriam: Judge Carl McGowan," 56 Geo. Wash. L. Rev. (1988).

"The Reagan Administration's Legislative Initiative in Antitrust," 31 Antitrust Bull. 851 (1986).

"Ernst Freund and the First Amendment Tradition: Afterword," 40 U. Chi. L. Rev. 235 (1973).