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Tom Ginsburg : Publications

Books (Author)

    The Economics of Judicial Reputation (University of Chicago Press, 2015) (edited with Nuno Garoupa).

    The Endurance of National Constitutions (Cambridge University Press, 2009) (edited with Zachary Elkins & James Melton). [CU]

    Judicial Review in New Democracies: Constitutional Courts in Asian Cases (Cambridge University Press, 2003). [CU]

Books (Editor)

    Law and Development of Middle-Income Countries: Avoiding the Middle-Income Trap (Cambridge University Press, 2014) (edited with Randall Peerenboom). [CU]

    Comparative Constitutional Law in Asia (Edward Elgar, 2014) (edited with Rosalind Dixon). [CU]

    Classics in Comparative Law (4 volumes) (Edward Elgar Press, 2014) (edited with Giuseppe Montateri & Francesco Parisi).

    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.Y. Chen). [CU]

    Constitutions in Authoritarian Regimes (Cambridge University Press, 2013) (edited with Alberto Simpser). [CU]

    Comparative Constitutional Design (Cambridge University Press, 2012). [CU]

    The Japanese Legal System: An Era of Transition (University of California at Berkeley, 2012) (edited with Harry Scheiber). [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.Y. 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 Commerical 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

    "Beyond Presidentialism and Parliamentarism: On the Hybridization of Constitutional Form," 44 British Journal of Political Science 515 (2014) (forthcoming 2014) (with Zachary Elkins, Jose Antonio Cheibub). [CU] [SSRN] [WWW]

    "What Can Constitutions Do?: The Afghan Case," 24 Journal of Democracy 116 (2014) (with Aziz Huq). [CU]

    "Libertarian Paternalism, Path Dependence, and Temporary Law," 81 University of Chicago Law Review 291 (2014) (with Jonathan Masur & Richard H. McAdams). [CU] [SSRN]

    "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]

    "The Teaching/Research Tradeoff in Law: Data from the Right Tail," 38 Evaluation Review __ (2014) (with Thomas J. Miles). [SSRN] [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 Ahmed). [SSRN]

    "Chaining the Dog of War: Comparative Data," 15 Chicago Journal of International Law 138 (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]

    "Constitute: The World’s Constitutions to Read, Search and Compare," 27 Web Semantics __ (2014) (with Zachary Elkins& James Melton, Robert Shaffer, Juan Sequeda & Daniel Miranker).

    "Book Review (reviewing Gabriel L. Neretto, Making Constitutions: Presidents, Parties and Institutional Choice in Latin America)," 129 Political Science Quarterly 749 (2014).

    "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). [CU] [SSRN]

    "Getting to Rights: Treaty Ratification, Constitutional Convergence, and Human Rights Practice," 54 Harvard Journal of International Law 61 (2013) (with Zachary Elkins & Beth Simmons). [CU] [SSRN]

    "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). [CU] [SSRN]

    "Judicial Roles in Nonjudicial Functions," 12 Washington University Global Studies Law Review 755 (2013) (with Nuno Garoupa). [SSRN]

    "Why Do Countries Adopt Constitutional Review?," 30 Journal of Law, Economics and Organization 587 (2013) (with Mila Versteeg). [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). [CU] [SSRN]

    "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]

    "The Empirical Turn in International Legal Scholarship," 106 American Journal of International Law 1 (2012) (with Gregory Shaffer). [CU] [SSRN]

    "Deciding Not to Decide: Deferral in Constitutional Design," 9 International Journal of Constitutional Law 636 (2012) (with Rosalind Dixon). [CU] [SSRN]

    "Courts and New Democracies: Recent Works ," 37 Law and Social Inquiry 720 (2012). [CU]

    "Constitutionalism: East Asian Antecedents," 88 Chicago-Kent Law Review 11 (2012). [CU] [SSRN]

    "Courts and Democracies: A Review Essay," 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]

    "Economic Interpretation of the Pashtunwali, An Governance and Power," 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). [CU] [SSRN]

    "Building Reputation in Constitutional Courts: Political and Judicial Audiences," 28 Arizona Journal of International and Comparative Law 539 (2011) (with Nuno Garoupa). [CU] [SSRN]

    "Empiricism and the Rising Incidence of Coauthorship in Law," 2011 University of Illinois Law Review 1785 (2011) (with Thomas J. Miles). [CU] [SSRN]

    "On the Evasion of Executive Term Limits," 52 William and Mary Law Review 1807 (2011) (with Zachary Elkins & James Melton). [CU] [SSRN]

    "Pitfalls of Measuring the Rule of Law," 3 Hague Journal on the Rule of Law 269 (2011). [CU] [SSRN]

    "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]

    "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). [CU] [SSRN]

    "Eastphalia and Asian Regionalism," 44 University of California at Davis Law Review 859 (2010). [CU] [SSRN]

    "Studying Japanese Law Because It's There," 58 American Journal of Comparative Law 15 (2010). [CU] [SSRN]

    "Subconstitutionalism," 62 Stanford Law Review 1583 (2010) (with Eric Posner). [CU] [SSRN]

    "Latin American Presidentialism in Comparative and Historical Perspective," 89 Texas Law Review 1707 (2010) (with Jose Antonio Cheibub & Zachary Elkins). [CU] [SSRN]

    "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]

    "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 Student Law Review 303 (2009). [CU] [SSRN]

    "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). [CU] [SSRN]

    "The Clash of Commitments at the International Criminal Court," 9 Chicago Journal of International Law 499 (2009). [CU] [SSRN]

    "International Delegation and State Disaggregation," 20 Constitutional Political Economy 323 (2009). [CU] [SSRN]

    "Does the Process of Constitution-Making Matter?," 5 Annual Review of Law and Social Science 201 (2009) (with Justin Blount & Zachary Elkins). [CU] [SSRN]

    "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). [CU] [SSRN]

    "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). [CU] [SSRN]

    "Guarding the Guardians: Judicial Councils and Judicial Independence," 57 American Journal of Comparative Law 201 (2009) (with Nuno Garoupa). [CU] [SSRN]

    "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]

    "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). [CU] [SSRN]

    "Ancillary Powers of Constitutional Courts," 87 Texas Law Review 1431 (2008) (with Zachary Elkins). [CU] [SSRN]

    "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). [CU] [SSRN]

    "Commitment and Diffusion: How and Why National Constitutions Incorporate International Law," 2008 University of Illinois Law Review 201 (2008) (with Svitlana Chernykh & Zachary Elkins). [CU] [SSRN]

    "Judicial Review in New Democracies: Constitutional Courts in Asian Cases Roundtable," 3 National Taiwan University Law Review 143 (2008) (with Hong Sik Cho, Narufumi Kadomatsu & Jiunn-Rong Yeh). [CU]

    "Constitutional Courts in East Asia: Understanding Variation," 3 Journal of Comparative Law 80 (2008). [CU] [SSRN]

    "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]

    "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). [CU] [SSRN] [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). [CU] [SSRN]

    "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). [CU] [SSRN] [WWW]

    "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]

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

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

    "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). [CU] [SSRN]

    "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] [WWW]

    "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] [WWW]

    "Ways of Criticizing Public Choice: The Uses of Empiricism and Theory in Legal Scholarship," 2002 University of Illinois Law Review 1139 (2002). [CU]

    "Confucian Constitutionalism - The Emergence of Constitutional Review in Korea and Taiwan," 27 Law and Social Inquiry 763 (2002). [CU]

    "In Defense of Japanese Law," 12 Zeitschrift für japanisches Recht 27 (2001). [CU] [WWW]

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

    "When Courts and Politics Collide: Mongolia's Constitutional Crisis," 14 Columbia Journal of Asian Law 309 (2001) (with Gombosuren Ganzorig). [CU]

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

    "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] [WWW]

    "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

    "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]

    "Constitutional Courts in East Asia," in Comparative Constitutional Law in Asia, Tom Ginsburg & Rosalind Dixon eds. (Edward Elgar, 2014). [CU]

    "East Asian Constitutionalism in Comparative Perspective," in Constitutionalism in Asia in the Early Twenty-First Century, Albert H.Y. Chen ed. (Cambridge University Press, 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]

    "Stjórnarskrárgerd á Tímum Gagnæis: Ísland í Samanburdi Vid Önnur Lönd," in Lýðræðistilraunir. Ísland í hruni og endurreisn, Jón Ólafsson ed. (2014) (with Zachary Elkins) (in Icelandic).

    "The Judiciary and Constitution Building in 2013," in International IDEA: Constitution-Building: A Global Review, (2014) (with Yuhniwo Ngenge).

    "The Constitutional Court and Judicialization of Korean Politics," in Public Law in East Asia, Albert H.Y. 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.Y. 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.Y. Chen & Tom Ginsburg eds. (Ashgate Publishing Limited, 2013). [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) (with Zachary Elkins & James Melton). [CU]

    "Innovative Language in the Preamble: Research and Poetics," in AmericaN, (Lucky Pierre, 2013) (with Amber Ginsburg). [CU]

    "Constitutions as Contract, Constitutions as Charter," in Social and Political Foundations of Constitutions, Dennis Galligan & Mila Versteeg eds. (Cambridge University Press, 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]

    "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). [CU]

    "Political Constraints on International Courts," in Oxford Handbook of International Adjudication, Karen Alter, Cesare Romano & Yuval Shany eds. (Oxford University Press, 2013). [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 Reeves Neal eds. (Juris Net, 2012) (with Richard M. Mosk). [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 Paul 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 Antonio 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]

    "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]

    "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]

    "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]

    "The Politics of Constitutional Courts: Four Moments in Asia," in Proceedings of Thammasat University Conference on Law in a Changing World, (2011). [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 Fleming ed. (New York University Press, 2011). [CU]

    "Constitutional Endurance," in Comparative Constitutional Law, Tom Ginsburg & Rosalind Dixon eds. (Edward Elgar, 2011). [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 Consitutitonal Character of Administrative Law," in Comparative Administrative Law, Peter Lindseth & Susan Rose-Ackerman eds. (Edward Elgar, 2010). [CU]

    "Constitutional Specificity, Unwritten Understandings and Constitutional Agreement," in Constitutional Topography: Values and Constitutions, Andras Sajo & Renata Utz eds. (2010). [CU]

    "How Does International Law Work?," in Oxford Handbook of Empirical Legal Research, Peter Cane & Herbert Kritzer eds. (2010). [CU]

    "The Politics of Courts in Democratization," in Global Perspectives on the Rule of Law, James J. Heckman, Robert Nelson & Lee Cabatingan eds. (Routledge, 2010). [CU]

    "Public Choice and Constitutional Design," in Research handbook on public choice and public law, Daniel A. Farber & Anne Joseph O'Connell eds. (Edward Elgar, 2010). [CU]

    "The Constitutional Court and the Judicialization of Korean Politics," in New Courts in Asia, Andrew Harding ed. (Routledge, 2009). [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]

    "Administrative Law and Governance in Asia: Comparative Perspectives," in Administrative Law and Governance in Asia : Comparative Perspectives, Tom Ginsburg & Albert H.Y. Chen eds. (Routledge, 2008) (with Albert H.Y. Chen). [CU]

    "The Judicialization of Administrative Governance: Causes, Consequences and Limits," in Administrative Law and Governance in Asia: Comparative Perspectives, Tom Ginsburg & Albert H.Y. 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]

    "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 Unreluctant Litigant? Japan's Turn Toward Litigation," in Emerging Concepts of Rights in Japanese Law, Laurent Mayali & Harry Scheiber eds. (Berkeley, 2007) (excerpted). [CU] [WWW]

    "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, Terrence Halliday & Lucien Karpik eds. (Hart, 2007). [CU] [WWW]

    "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. Garciá, Francisco Leturia & Cluadio 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 The Japanese Legal System, J. Mark 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]

    "International Judicial Lawmaking," in International Conflict Resolution, Max Albert, Dieter Schmidtchen & Stefan Voigt eds. (Mohr Siebeck, 2005). [CU] [WWW]

    "Comparing Judicial Discretion: An Empirical Test of Economic Models," in Constitutional Political Economy, Stefan Voigt ed. (2005) (with Robert D. Cooter). [CU] [WWW]

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

    "Beyond Judicial Review: Ancillary Powers of Constitutional Courts," in Institutions and Public Law: Comparative Approaches, (Peter Lang, 2004). [CU] [WWW]

    "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.(Grove Dictionaries, 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]

Other Publications

    "Afghanistan's Constitution at Ten," Foreign Policy Online, March 2014 (with Aziz Huq). [WWW]

    "Stop Coddling Lame Duck Karzai," Chicago Tribune, February 8, 2014. [WWW]

    "A Tale of Two Countries: Constitutional Reform in the Middle East," Huffington Post, January 18, 2014. [WWW]

    Norway’s Enduring Constitution: Implications for Countries in Transition, ( International IDEA, 2014). [WWW]

    The Constitution of Mongolia: An Assessment, (United Nations Development Program, 2014).

    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 6, 2013. [WWW]

    "Gun Rights as American Exceptionalism," Bloomberg View, March 2013. [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 8, 2012. [WWW]

    Democratic Transition in the Maldives: An Assessment, (Raajje Foundation, 2012).

    A Review of Iceland's Draft Constitution, (The Comparative Constitutions Project, 2012) (with Zachary Elkins & James Melton). [WWW]

    "Libya's New Constitution: Lessons From Iraq's Missteps," Chicago Tribune, October 22, 2011. [WWW]

    Comparative Constitutional Review, (United States Institute of Peace, 2011). [WWW]