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Tom Ginsburg : Publications

Books (Author)

The Endurance of National Constitutions. Cambridge University Press, 2009 (with Zachary Elkins and James Melton).

Judicial Review in New Democracies: Constitutional Courts in Asian Cases. Cambridge University Press, 2003.

Books (Editor)

Constitutions in Authoritarian Regimes. Cambridge University Press, 2013. (with Alberto Simpser).

Law and Development in Middle Income Countries. Cambridge University Press, 2013. (with Randall Peerenboom).

Comparative Constitutional Law in Asia. Edward Elgar Publishing, 2013. (with Rosalind Dixon).

Public Law in Asia. Ashgate, 2013. (with Albert H.Y. Chen)

International Commercial Arbitration in Asia, 3rd ed. Juris, 2013. (with Philip J. McConnaughay/Shahla Ali)

The Japanese Legal System: An Era of Transition. Robbins Collection, 2013. (with Harry Scheiber)

Comparative Constitutional Design. Cambridge University Press, 2012.

Administrative Law and Governance in Asia: Comparative Perspectives. Routledge University Press, 2009.

The Judicialization of Governance in Asia. Routledge Press, 2008 (with Albert Chen).

Rule By Law: The Politics of Courts in Authoritarian Regimes. Cambridge University Press, 2008 (with Tamir Moustafa).

Institutions and Public Law: Comparative Approaches. Peter Lang, 2005 (with Robert A. Kagan).

Institutions and Public Law: Comparative Approaches. Peter Lang Publishing, 2005.

International Commerical Arbitration in Asia. 2nd ed. Juris, 2005 (with Philip J. McConnaughay).

Legal Reform in Korea. Routledge Publishing, 2004.

International Commerical Arbitration in Asia. Juris, 2002 (with Philip J. McConnaughay).

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

Seeds of Peace. Parallax Press, 1994 (by Sulak Sivaraksa).

Journal Articles

"Liberatarian Paternalism, Path Dependence, and Temporary Law." University of Chicago Law Review (forthcoming 2013) (with Jonathan Masur and Richard McAdams).

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

"Why Do Countries Adopt Constitutional Review?" Journal of Law, Economics and Organization (2013) (with Mila Versteeg).

"Beyond Presidentialism and Parliamentarism: On the Hybridization of Constitutional Form." British Journal of Political Science (2013). (with Jose Cheibub and Zachary Elkins)

"The South African Constitutional Court and socio-economic rights as ‘insurance swaps’." 11 South Africa Constitutional Court Review 1 (2011) (appeared 2013).

"When to Overthrow your Government: The Right to Resist in the World’s Constitutions." 60 UCLA Law Review 1184 (2013) (with Daniel Lansberg-Rodriguez and Mila Versteeg).

"Getting to Rights: Treaty Ratification, Constitutional Convergence, and Human Rights Practice."  51(4) Harvard Journal of International Law 201 (2013), followed by online symposium response Getting to the Right Answers on Rights (with Zachary Elkins and Beth Simmons).

Comments on Law And Versteeg’s, "The Declining Influence of the United States Constitution. 87 N.Y.U. Law Review 2088 (2012). (with Zachary Elkins and James Melton)

"Constitutionalism: East Asian Antecedents." 88 Chicago Kent Law Review 11 (2012).

"On the Interpretability of Law: Lessons from the Decoding of National Constitutions." British Journal of Political Science (2012). (with James Melton, Zachary Elkins and Kalev Leetaru)

"Courts and Democracies: A Review Esssay." 37 Law and Social Inquiry 720 (2012).

"The Empirical Turn In International Legal Scholarship." 106 American Journal Of International Law 1 (2012) (with Gregory Shaffer).

"Hybrid Judicial Career Structures: Reputation Vs. Legal Tradition." 3 Journal of Legal Analysis 1 (2012) (with Nuno Garoupa).

"Deciding Not To Decide: Deferral In Constitutional Design." 9 I-Con: International Journal Of Constitutional Law 636 (2012) (with Rosalind Dixon).

"Lawrence M. Friedman’s Comparative Law, With Notes On Japan." 5:2 Journal Of Comparative Law 92 (2012).

"An Economic Interpretation of the Pashtunwali." 2011 The University of Chicago Legal Forum 89 (2011).

"Building Reputation In Constitutional Courts: Political And Judicial Audiences." Arizona Journal of International and Comparative Law (2011) (with Nuno Garoupa).

Review of Judicial System Transformation in the Globalizing World: Korea and Japan, by Dai-Kwon Choi, et al. 20 Law and Politics Book Review 162 (2010).

"The Arbitrator as Agent: Why Deferential Review Is not Always Pro-Arbitration." 77 University of Chicago Law Review (2010).

"Eastphalia as a Return to Westphalia." 17 Indiana Journal of Global Legal Studies 27 (2010).

"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 (2010).

"Subconstitutionalism." Review of with Eric Posner. Stanford Law Review (2010).

"Studying Japanese Law because It's There." 58 The American Journal of Comparative Law 15 (2010).

"Symposium: The Future of Law and Development, Part I: The Future of Law and Development." 104 Northwestern University Law Review Colloquy 164 (2009).

Review of Judges Beyond Politics in Democracy and Dictatorship: Lessons from Chile, by Lisa Hilbink. 43 Law and Society Review (2009).

"Ancillary Powers of Constitutional Courts." 87 Texas Law Review 1431 (2009) (with Zachary Elkins).

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

"International Delegation and State Disaggregation." 20 Constitutional Political Economy 323 (2009).

"Judicial Audiences and Reputation: Perspectives from Comparative Law." 47 Columbia Journal of Transnational Law 451 (2009) (with Nuno Garoupa).

"Audiences and Reputation: Perspectives from Comparative Law." 47 Columbia Journal of Transnational Law 451 (2009).

"Citizen as Founder: Public Participation in Constitutional Approval." Temple University Law Review (2009).

"The Clash of Communications at the International Criminal Court." 9 Chicago Journal of International Law 499 (2009).

"Constitutional Afterlife: The Continuing Impact of Thailand's Post-Political Constitution." 7(1) International Journal of Constitutional Law 83 (2009).

"The Effects of Liberalization on Litigation: Notes toward a Theory in the Context of Japan." 8 Washington University Global Studies Law Review 2 (2009).

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

"Liberalization and Litigation in Japan." Washington Global Student Law Review (2009).

"Liberalization and Litigation in Japan." Washington University Global Student Law Review (2009).

"The Relationship Between Constitutional and International Devices to Protect Minority Rights." Journal of the Center for Minority Studies, Kansai University (2009).

"Baghdad, Tokyo, Kabul: Constitution-Making in Occupied States." 49 William and Mary Law Review 1139 (2008).

"Commitment and Diffusion: Why Constitutions Incorporate International Law." 2008 University of Illinois Law Review 101 (2008) (with Svitlana Chernykh and Zachary Elkins).

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

"The Comparative Law and Economics of Judicial Councils." 27(1) Berkeley Journal of International Law 53 (2008).

"Military Occupations and Their Constitutional Residue." 19(2) APSCA-CO Newsletter 7 (2008).

"Lessons for Democratic Transitions: Case Studies from Asia." 52 Orbis: A Journal of World Affairs 91 (2007).

"Odious Debt, Odious Credit, Economic Development and Democratization." 70 Law and Contemporary Problems 115 (2007) (with Thomas Ulen).

Review of Law and Justice in Korea: North and South, by Chongko Choi. 30 Journal of Korean Studies 126 (2006).

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

"Locking in Democracy: Constitutions, Commitment, and International Law." 38 New York University Journal of International Law and Politics 707 (2006).

"The Unreluctant Litigant? Japan's Turn Toward Litigation." 35 Journal of Legal Studies 31 (2006).

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

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

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

Review of The Japanese Adversary System in Context: Controversies and Comparisons. 30 Journal of Japanese Studies 572 (2004).

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

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

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

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

"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).

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

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

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

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

"Ways of Criticizing Public Choice: Empiricism and the Use of Theory in Legal Scholarship." 2002 University of Illinois Law Review 1139 (2002).

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

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

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

Review of East Meets West: Human Rights and Democracy in East Asia, by Daniel Bell. 10 Law and Politics Book Review 577 (2000).

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

Review of Modern Mongolia--A Concise History, by Ts. Batbayer. 28 Journal of Contemporary Asia 572 (1998).

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

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

"Comparing Judicial Discretion: An Empirical Test of Economic Models." 16 International Review of Law and Economics 295 (1996) (with Robert Cooter).

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

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

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

Review of Shaping Constitutional Values, by Neal Devins. 85 California Law Review 749.

Book Sections

"East Asian Constitutions." In Constitutionalism in East Asia, ed. by Albert Chen (forthcoming 2014). 

"The Judicialization of Japanese Politics?" In Japanese Law: An Era of Transition, edited by Tom Ginsburg and Harry Scheiber. Robbins Collection Publishers, 2013 (with Tokujin Matsudaira).

"Political Constraints on International Courts." In Oxford Handbook of International Adjudication, Karen Alter, Cesare Romano and Yuval Shany, eds. (2013).

"Still the Land of Presidentialism? Executives and the Latin American Constitution." in New Constitutionalism In Latin America: Promises and Practices, Detlef Nolte and Almut Schilling-Vacaflor, eds. Ashgate, 2012. (with Zachary Elkins and Jose Cheibub).

"Constitutional Law and Courts." In Research Handbook on Comparative Law and Society, David Clark, ed. Edward Elgar Publishing, 2012.

"The Judicialization Of Japanese Politics." In The Judicialization Of Politics In Asia, Bjoern Dressel, ed. Routledge, 2012.

"Constitutional Specificity: Some Preliminary Investigations." In Future of Comparative Study of Law. Chuo University Press, 2011.

"Lawrence Friedman's Comparative Law." In Law, Society and History: Essays on Themes in the Legal History and Legal Sociology of Lawrence M. Friedman, edited by Robert Gordon and Morton Horwitz. Cambridge University Press, 2011.

"Written Constitutions and the Administrative State: On the Consitutitonal Character of Administrative Law." In Comparative Administrative Law, edited by Susan Rose-Acherman and Peter Lindseth. Edward Elgar, 2010.

"Judicial Independence in East Asia: Implications for China." In Judicial Independence in China, edited by Randall Peerenboom. Cambridge University Press, 2010.

"The Constitutional Court and the Judicialization of Korean Politics." In New Courts in Asia, edited by et al Andrew Harding. Routledge, 2009.

"The Politics of Transparency in Japanese Administrative Law." In Japanese Law in Transition, edited by Daniel Foote. University of Washington Press, 2008.

"The Global Spread of Judicial Review." In Oxford Handbook of Law and Politics, edited by Keith Wittington and Daniel Keleman. Oxford University Press, 2007.

"Law and the Liberal Transformation of the Northeast Asian Legal Complex." In Fighting for Freedom, edited by Terrence Halliday, Lucien Karpik, and Malcolm Feeley. Hart, 2007.

"The Unreluctant Litigant? Japan's Turn Toward Litigation." In Emerging Concepts of Rights in Japanese Law, edited by Lauren Mayali and Harry Scheiber. Berkeley, 2007 (excerpted).

"Ways of Criticizing Public Choice: Empiricism and the Use of Theory in Legal Scholarship." In Public Choice and Public Law, edited by Daniel Farber. Edward Elgar, 2007.

"The Politics of Transparency in Japanese Administrative Law." In Japanese Law in Transition, edited by Daniel Foote. 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., edited by Eddy Wymersch, Hideki Kanda, Harald Baum, and Klaus Hopt. Oxford University Press, 2006.

"The Unreluctant Litigant? Japan's Turn Toward Litigation." In The Japanese Legal System, edited by Curtis Milhaupt, Mark Ramseyer, and Mark West, 2006 (excerpted).

"The Warren Court in East Asia: An Essay in Comparative Law." In The Warren Court: a Retrospective, edited by Harry Scheiber. University of California Institute of Governmental Studies, 2006.

"Comparing Judicial Discretion: An Empirical Test of Economic Models." In Constitutional Political Economy, edited by Stefan Voigt, 2005 (with Robert Cooter).

"Constitutional Courts." In Encyclopedia of Law and Society, edited by David S. Clark. Sage Publications, 2005.

"Constitutional Engineering." In Taiwan: The Implications of Global Trends. Taiwan Law Society, 2005.

"International Judicial Lawmaking." In International Conflict Resolution, edited by Stefan Voigt, Max Albert, and Dieter Schmitchen. Mohr Siebeck, 2005.

"Mongolia." In Handbook of Politics, edited by Neal Tate, 2005.

"Beyond Judicial Review: Ancillary Powers of Constitutional Courts." In Institutions and Public Law: Comparative Approaches. Peter Lang, 2004.

"East Asian Regulatory Informalism: Implications for Post-Communist Countries." In Law and Informal Practices: The Post-Communist Experience, edited by Marina Kurkchiyan and Dennis Galligan. Oxford University Press, 2003.

"Becoming an International Arbitrator: Qualifications, Disclosures, Conduct, and Removal." In The Practitioner's Handbook of International Arbitration and Mediation, edited by Rufus V. Rhoades. Juris, 2002 (with Richard M. Mosk).

"System Change? A New Perspective on Japan's Administrative Procedures Law." In Zeitschrift fur Japanisches Recht, 2002.

"System Change? A New Perspective on Japan's Administrative Procedures Law." In The Multiple Worlds of Japanese Law. Center for Asia-Pacific Initiatives, 2002.

"In Defense of Japanese Law." In Zeitschrift fur Japanisches Recht, 2001.

"In Defense of Japanese Law." In The Multiple Worlds of Japanese Law. Center for Asia-Pacific Initiatives, 2001.

"Property Rights and Economic Development." In Teaching about Japan in Japan, edited by Richard Bowring and Noel J. Pinnington. Kyushu University Press, 2001.

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

"Nationalism, Elites, and Mongolia's Rapid Transformation." In Mongolia in the Twentieth Century: Landlocked Cosmopolitan, edited by Stephen Kotkin and Bruce A. Elleman, 1999.

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

"Comparing Judicial Discretion in Industrial Democracies." In Constitutional Law and Economics of the European Union, edited by K. Schmidtchen and R. Cooter. Edward Elgar, 1997.

"Constitutionalism and Human Rights in Magnolia." In Mongolia in Transition, edited by O. Bruun and O. Odgaard. RoutledgeCurzon, 1996 (with G. Ganzorig).

"A Colder Peace? Issues in the U. S. - Japan Security Relationship." In The Future of the U. S. - Japan Security Relationship, edited by R. Scalapino, S. Sato, and T. Ginsburg, 1991.

Magazine Articles

Review of Courts and Social Transformation in New Democracies: An Institutional Voice for the Poor?, edited by Roberto Gargarella, Pilar Domingo, and Theunis Roux. Democratization 2007.

Newspaper Articles

"Libya's New Constitution: Lessons From Iraq's Missteps." Chicago Tribune, Oct. 21, 2011.

Online Articles

"Iceland: End of the Constitutional Saga?" Huffington Post,April 5, 2013.

"Gun Rights as American Exceptionalism." Bloomberg View, March 7, 2013.

"The Real Winner in the Egyptian Constitution? The Military." Huffington Post, December 7, 2012.

"Five Voting Systems Even Worse than the Electoral College." ForeignPolicy.com, November 6, 2012.

"Rules for Drones." Huffington Post, December 4, 2012.

"Trouble, Again, in Paradise." Huffington Post, September 4, 2012.

"Rebel Without A Cause: Playing Chicken In South Sudan." Huffington Post, June 12, 2012.

Reports

"In the Shadows of Giants: Small States." Asia, no. 21. Center for the Asian Pacific Affairs, 1995

Working Papers

"The Law and Policy of Earthquake Hazard in the Central United States." 2002 (with Timothy Stark).

Other Publications

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

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