Publications

Faculty affiliated with the Center present conference papers, page proofs and penultimate drafts of articles, as well as reprints of chapters and articles in print. Most publications may be downloaded directly from the Center site or, in some cases, from the publishers.


 Tom Ginsburg

2010:
  • Constitutional Specificity, Unwritten Understandings and Constitutional Agreement, pp 66-93 in Andras Sajo and Renata Utz, eds., Constitutional Topography: Values and Constitutions (2010).
  • 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, ed., Cambridge University Press, 2010). Download Here.
  • National Courts, Domestic Democracy, and the Evolution of International Law: A Reply to Eyal Benvenisti and George Downs, 20:4 European Journal Of International Law 1021-26 (2010). Download Here.
  • Studying Japanese Law Because it’s There, 58 AMERICAN JOURNAL OF COMPARATIVE LAW 15-25  (2010). Download Here.
  • Public Choice and Constitutional Design, HANDBOOK OF PUBLIC CHOICE (edited by Daniel Farber and Anne Joseph O’Connell, Edward Elgar Publishing, 2010). Download Here.
  • International Law, in OXFORD HANDBOOK OF EMPIRICAL LEGAL STUDIES (Bert Kritzer and Peter Cane, eds., Oxford University Press, 2010) (with Gregory Shaffer).
    The Arbitrator as Agent: Why Deferential Review is not Always Pro-Arbitration, 77 U. CHICAGO L. REV.__ (2010)
  • Eastphalia as a Return to Westphalia, 17 INDIANA J. GLOBAL LEG. STUDIES 27-45 (2010). Download Here.
  • Economic Analysis and Comparative Law, in CAMBRIDGE COMPANION TO COMPARATIVE LAW (Mauro Bussani, ed. 2009) (with Nuno Garoupa). Download Here.
  • Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law, in COMPARATIVE ADMINISTRATIVE LAW (Susan Rose-Ackerman and Peter Lindseth, eds., Edward Elgar, 2010). Download Here.
2009: 
  • The Endurance Of National Constitutions (Cambridge University Press, 2009) (with Zachary Elkins and James Melton).
  • Editor, Administrative Law And Governance In Asia: Comparative Perspectives (Routledge Press, 2009) (with Albert Chen).
  • Judicial Audiences and Reputation: Perspectives from Comparative Law 47 Colum. J. Transnat’l L. 451-90 (2009) (with Nuno Garoupa).
  • Ancillary Powers of Constitutional Courts, 87(7) Texas L. Rev.1432-61 (2009) (with Zachary Elkins). Download Here.
  •  Judicial Independence in East Asia: Implications for China, in Judicial Independence in China (Randall Peerenboom, ed., Cambridge University Press, 2010). Download Here.
  • The Constitutional Court and the Judicialization of Korean Politics, in New Courts in Asia (forthcoming in Andrew Harding, et al eds., Routledge 2009). Download Here.
  • The Relationship between Constitutional and International Devices to Protect Minority Rights, Journal of the Center for Minority Studies, Kansai University (2009)
  • Does the Process of Constitution-Making Matter?, in 5 Annual Review of Law and Social Science 201-24 (2009) (with Zachary Elkins and Justin Blount). Download Here.
  • Guarding the Guardians: Judicial Councils and Judicial Independence, 57 American Journal of Comparative Law 201-32 (2009) (with Nuno Garoupa). Download Here.
  • Constitutional Afterlife: The Continuing Impact of Thailand’s Post-Political Constitution, 7(1) International Journal of Constitutional Law 83-105 (2009). Download Here.
  • Military Operations and Their Constitutional Residue (with Zachary Elkins and James Melton), Newsletter of the Organizaed Section in Comparative Politics of the American Political Science Association, Summer 2008, Vol 19 Num 2:7-10. Download Here.
2008 and older:
  • Editor, Rule By Law: The Politics Of Courts In Authoritarian Regimes (Cambridge University Press, 2008) (with Tamir Moustafa).
  • Administrative Law and the Judicial Control of Agents in Authoritarian Regimes, in RULE BY LAW: THE POLITICS OF COURTS IN AUTHORITARIAN REGIMES (edited by Tom Ginsburg and Tamir Moustafa, Cambridge University Press, 2008). Download Here.
  • The Judicialization of Administrative Governance: Causes, Consequences and Limits, in, ADMINISTRATIVE LAW AND GOVERNANCE IN ASIA: COMPARATIVE PERSPECTIVES 1-20 (edited by Tom Ginsburg and Albert Chen, Routledge University Press, forthcoming 2008). Download Here.
  • The Politics of Transparency in Japanese Administrative Law, in JAPANESE LAW IN TRANSITION (Daniel Foote, ed., University of Washington Press, 2008). Download Here.
  • Commitment and Diffusion: Why Constitutions Incorporate International Law, 2008 U. ILL. L. REV. 101-37 (2008). Download Here.
  • Baghdad, Tokyo, Kabul: Constitution-making in Occupied States 49 WM. AND MARY L. REV. 1139 (2008) (with Zachary Elkins and James Melton).
  • The Global Spread of Judicial Review in OXFORD HANDBOOK OF LAW AND POLITICS (Keith Whittington and Daniel Keleman, eds., 2008). Download Here.
  • Lessons for Democratic Transitions: Case Studies from Asia, ORBIS (Dec. 2007). Download Here.
  • Odious Debt and Democratization, 70 LAW AND CONTEMPORARY PROBLEMS 115-36 (2007) (with Thomas Ulen). Download Here.
  • Law and the Liberal Transformation of the Northeast Asian Legal Complex in Korea and Taiwan, in FIGHTING FOR POLITICAL FREEDOM: COMPARATIVE STUDIES OF THE LEGAL COMPLEX AND POLITICAL LIBERALISM 43- 63 (Terrence Halliday, Lucien Karpik and Malcolm Feeley, eds., Hart Publishing, 2007). Download Here.
  • Irrational War and Constitutional Design: A Reply to Professors Nzelibe and Yoo, 27 MICH. J. INT'L L. 1239-59 (2006) (with Paul Diehl). Download Here.
  • The Unreluctant Litigant? Japan's Turn toward Litigation, 35 JOURNAL OF LEGAL STUDIES 31-62 (2006) (with Glenn Hoetker). Download Here.
  • 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). Download Here.
  • Beyond Judicial Review: Ancillary Powers of Constitutional Courts, in INSTITUTIONS AND PUBLIC LAW: COMPARATIVE APPROACHES 225-44(Peter Lang Publishing, 2005). Download Here

John Hagan

2010:

  • Who Are the Criminals? The Politics of Crime Policy from the Age of Roosevelt to the Age of Reagan, Princeton University Press, 2010.
  •  “Lawyers on the Move: The Consequences of Mobility for Lawyers” (with R. Dinovitzer), International Journal of the Legal Profession (forthcoming)
  • “Extreme Crises and the Institutionalization of International Criminal Law” (with H. Schoenfeld and R. Levi), Critique Internationale (forthcoming)
  • “Incarceration and Social Exclusion” (with H. Foster), Social Problems (forthcoming)
  • “Youthful Illegalities in a Global Edge City” (with R. Dinovitzer & R. Levi), Social Forces (forthcoming)

2009:

  • Darfur and the Crime of Genocide. Co-authored with Wenona Rymond-Richmond. Cambridge University Press. (2009).
  • Darfur and the Crime of Genocide. Co-authored with Wenona Rymond-Richmond. Cambridge University Press. Download Chapter 5.(2009)
  • “The Mass Incarceration of American Parents: Issues of Race/Ethnicity, Collateral Consequences, and Prisoner Re-entry” (with H. Foster), 623 Annals of the American Academy of Political and Social Science 179 (2009)

2008 and older:

  • “The Symbolic Violence of the Crime-Immigration Nexus: Mobility Mythologies in the Americas,” (with Ron Levi and Ronit Dinovitzer) Crime Prevention and Policy 7:95-111. Download Here. (2008)
  • “The Mean Streets of the Global Village: Crimes of Exclusion in the United States and Darfur,” (with Wenona Rymond-Richmond) Scandinavian Journal of Criminology and Crime Prevention 8:54-80. Download Here.
  • “The Disturbing Case of the British Standards Advertising Association, the New York Times, and the State Department’s Low Estimate of the Death Toll in Darfur,” (with Wenona Rymond-Richmond) Ohio State Journal of Criminal Law 20. Download Here.
  • “How Law Rules: An Iraqi Judicial Sentencing Experiment,” (with Gabrielle Ferrales and Guillermina Jasso) Law & Society Review 42: 2008.
  • “The Collective Dynamics of Racial Dehumanization and Genocidal Victimization in Darfur” (with W. Rymond-Richmond), 73 American Sociological Review (2008).
  • “Extreme Crises and the Institutionalization of International Criminal Law,” (with Heather Schoenfeld and Ron Levi) Critique Internationale, 2008. Download Here.
  • “The Unaccountable Genocide: A Case Study of the Roles of the U.S. State Department and U.S. Government Accountability Office in Calculating the Darfur Death Toll,” in R. Haveman and A. Smuelers, eds., Supranational Criminology: Towards a Criminology of International Crimes (Intersentia, 2008)
  • “Growing Up Fast: Stress Exposure and Subjective Weathering in Emerging Adulthood” (with H. Foster & J. Brooks-Gunn), 49 Journal of Health and Social Behavior 162 (2008)
  • “Death in Darfur,” (with Alberto Palloni) Science (2006) 313:1578-1579. Download Here.
  • “War Crimes, Democracy, and the Rule of Law in Belgrade, the Former Yugoslavia, and Beyond,” (with Sanja Kutnjak) Annals of the American Academy of Political and Social Science (2006) 605: 130-151.
  • “The Science of Human Rights, War Crimes and Humanitarian Emergencies,” (with Heather Schoenfeld and Alberto Palloni) Annual Review of Sociology (2006) 32:329-350.
  • “The Criminology of Genocide: The Death and Rape of Darfur,” (with Wenona Rymond-Richmond and Patricia Parker), Criminology (2005) 43:525-561.
  • “Crimes of War and the Force of Law,” (With Ron Levi) Social Forces (2005) 83:1499-1534. Download Here.

Terence Halliday

2010:

  • “Missing Debtors: National Lawmaking and Global Norm-Making of Corporate Bankruptcy Regimes” (with S. Block-Lieb & B. Carruthers), in R. Brubaker, R. Law, C. Tabb, eds., A Debtor World (Oxford University Press, forthcoming)

2009:

  • “Rhetorical Legitimation: Global Scripts as Strategic Devices of International Organizations Rhetorical Legitimation” (with S. Block-Lieb & B. Carruthers), European Socio-Economic Review (2009) 1–36.  Download Here
  • “Recursivity of Global Normmaking: A Sociolegal Agenda,” 5 Annual Review of Law and Social Science 263 (2009). Download Here.
  • “Recursivity in Legal Change: Lawyers and Reforms of China’s Criminal Procedure Law” (with S. Liu), 34 Law and Social Inquiry 911 (2009). Download Here.
  • Bankrupt: Global Lawmaking and Systemic Financial Crisis (with B. Carruthers), (Stanford University Press, 2009).
  • “The Fight for Basic Legal Freedoms: Mobilization by the Legal Complex,” in J. Heckman, R. Nelson & L Cabatingan, eds., Global Perspectives on the Rule of Law (Routledge-Cavendish, 2009). Download Here.
  • “Rehabilitating Korea’s Corporate Insolvency Regime, 1992–2007” (with S. Oh), in J. Gillespie & R. Peerenboom, eds., Pushing Back on Globalization (Routledge, 2009). Download Here.

2008 and older:

  • “Constitutionalism, Constitutional Courts and the Politics of the Legal Complex.” Invited lecture, Sawyer Lecture Series, Center for the Study of Law and Society, University of California at Berkeley, March 13, 2008. Download Here.
  • “The Legal Complex, Religion, and the Fates of Political Liberalism.” Invited lecture presented to MacMillan Center Initiative on Religion, Politics and Society, Yale University, February 11, 2008. Download Here.
  • (with Bruce G. Carruthers) 2007 “Institutionalizing Creative Destruction: Predictable and Transparent Bankruptcy Law in the Wake of the East Asian Financial Crisis,”Bruce G. Carruthers and Terence C. Halliday, in Meredith Woo-Cumings ed. Neoliberalism and Institutional Reform in East Asia, Ithaca: Cornell University Press. Pp. 238-272. Download Here.
  • (with Lucien Karpik & Malcolm M. Feeley) 2007. “The Legal Complex and Struggles for Political Liberalism.” In Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Change, edited by Terence C. Halliday, Lucien Karpik, and Malcolm M. Feeley. Pp. 1-42. Download Here.
  • (with Sida Liu) 2007. “Birth of a Liberal Moment? Looking through a One-Way Mirror at Lawyers’ Defense of Criminal Defendants in China.” In Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Change, edited by Terence C. Halliday, Lucien Karpik, and Malcolm M. Feeley. Pp. 65-108. Download Here.
  • (with Bruce G. Carruthers) 2007. “The Recursivity of Law: Global Norm-Making and National Law-making in the Globalization of Corporate Insolvency Regimes.” American Journal of Sociology. 112: 1135–1202. Download Here.
  • (with Bruce G. Carruthers) 2007. “Foiling the Hegemons: Limits to the Globalization of Corporate Insolvency Regimes in Indonesia, Korea and China.” In Pp. 255-301. Download Here.
  • (with Bruce G. Carruthers) 2007. “Law, Economy and Globalization: Max Weber and How International Financial Institutions Understand Law,” In Victor Nee and Richard Swedberg eds., The Spirit of Global Capitalism, Stanford: Stanford University Press. Pp. 128-151. Download Here.
  • (with Susan Block Lieb) 2007. “Incrementalisms in Global Lawmaking.” Symposium on Bankruptcy in the Global Village – The Second Decade. Brooklyn Journal of International Law XXXII: 851-903. Download Here.
  • (with Susan Block Lieb) 2007. “Harmonization and Modernization in UNCITRAL’s Global Legislative Guide on Insolvency Law.” Texas Journal of International Law vol 42, no. 3, 481-514. Downlaod Here.
  • 2007. “Legitimacy, Technology and Leverage: The Building Blocks for Corporate Insolvency Regimes in the Decade Behind and the Decade Ahead.” Symposium on Bankruptcy in the Global Village – The Second Decade. Brooklyn Journal of International Law XXXII: 1081-1902. Download Here.
  • (Bruce G. Carruthers) 2006. “Negotiating Globalization: Global Templates and the Construction of Insolvency Regimes in East Asia.” 2006. Law and Social Inquiry. 31 (3): 521–584. Download Here.
  • (with Pavel Osinsky) 2006. “Globalization and Law.” Annual Review of Sociology. 32: 447-470. Download Here.

Charlotte Ku

  • The Dynamics of International Law (with Paul F. Diehl), (Cambridge University Press, 2010).
  • “Strengthening international law’s capacity to govern through multilayered strategic partnerships,” 33 South African Yearbook of International Law (2007):107-123.