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Tom Ginsburg : Publications

Books (Author)

    Judicial Reputation: A Comparative Theory (University of Chicago Press, forthcoming 2015) (edited with Nuno Garoupa). [CU]

    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) (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]

    "Why Do Countries Adopt Constitutional Review?," 30 Journal of Law, Economics and Organization 587 (2014) (with Mila Versteeg). [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). [CU] [SSRN]

    "The Teaching/Research Tradeoff in Law: Data from the Right Tail," 39 Evaluation Review 46 (2014) (with Thomas J. Miles). [CU] [SSRN]

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

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

    "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). [CU] [SSRN]

    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]

    "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]

    "Deciding Not to Decide: Deferral in Constitutional Design," 9 International Journal of Constitutional Law 636 (2011) (with Rosalind Dixon). [CU] [SSRN]

    "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]

    "Constitutions and Election Management," in Advancing Electoral Integrity, Pippa Norris, Richard Frank & Ferran Martinez i Coma eds. (Oxford University Press, 2014) (with Svitlana Chernykh, Zachary Elkins, Thomas Melton).

    "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). [CU]

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

    "Ronald Goes to China," in Ronald H. Coase, (University of Chicago Law School, 2014).

    "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," __ (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]

Working Papers

    "[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 Working Paper, No. 516 (2014) (with Susan Nevelow Mart).

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]