Articles

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Constitutional Afterlife: The Continuing Impact of Thailand's Postpolitical Constitution, International Journal of Constitutional Law (2009)
Thailand’s constitution of 1997 introduced profound changes into the country’s governance, creating a “postpolitical” democratic...
 

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Guarding the Guardians: Judicial Councils and Judicial Independence (with Nuno Garoupa), American Journal of Comparative Law (2009)
This Article uses comparative evidence to inform the ongoing debate about the selection and discipline...
 

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The Clash of Commitments at the International Criminal Court, Chicago Journal of International Law (2009)
This paper considers the International Criminal Court’s recent indictment of Sudanese President Omar al-Bashir in...
 

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Baghdad, Tokyo, Kabul . . . : Constitution-making in Occupied States (with Zachary Elkins and James Melton), William and Mary Law Review (2008)
We identify and document instances of “occupation constitutions,” those drafted under conditions of foreign military...
 

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

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Lessons for Democratic Transitions: Case Studies from Asia, Orbis: A Journal of World Affairs (2007)
In an era when democratization is stalled or in retreat in many parts of the...
 

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Odious Debt, Odious Credit, Economic Development and Democratization (with Thomas Ulen), Law and Contemporary Problems (2007)
Much attention has been paid to the problem of odious debt, but we introduce the...
 

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Economic Analysis and the Design of Constitutional Courts, Theoretical Inquiries in Law (2006)
Though nominally exercised on behalf of private citizens, constitutional judicial review does perform an insurance...
 

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

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Comparative Judicial Daring: Constitutional Powers and Dominant Parties (with Robert D. Cooter), Robert Cooter (1998)
 

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Comparative Judicial Discretion: An Empirical Test of Economic Models (with Robert D. Cooter), Robert Cooter (1996)
 

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Comparative Judicial Discretion: An Empirical Test of Economic Models (with Robert D. Cooter), Robert Cooter (1995)
 

Contributions to Books

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Public Choice and Constitutional Design, Handbook of Public Choice (2010)
This chapter reviews the literature on public choice theory and constitutional design, focusing in particular...
 

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Law and the Liberal Transformation of the Northeast Asian Legal Complex, Fighting for Freedom (2007)
 

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Ancillary Powers of Constitutional Courts, Institutions and Public Law: Comparative Perspectives (2004)
This chapter surveys powers of constitutional courts beyond the exercise of judicial review. It argues...
 

Unpublished Papers

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Reputation, Information and the Industrial Organization of the Judiciary (with Nuno Garoupa), ExpressO (2009)
The reputation of the judiciary, individually or as a whole, determines its status in any...
 

Other

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Constitutional Courts in New Democracies: Understanding Variation in East Asia, Global Jurist (2006)
The article shows how judicial review has expanded around the globe from the United States,...
 

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Leximetrics: Why the Same Laws are Longer in Some Countries than Others (with Robert D. Cooter), American Law & Economics Association Annual Meetings (2006)
 

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Locking in Democracy: Constitutions, Commitment and International Law, University of Illinois Legal Working Paper Series (2006)
National constitutions exhibit a wide variety of approaches to international law. Some constitutions provide that...
 

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International Judicial Lawmaking, University of Illinois Legal Working Paper Series (2005)
Judges at the international level make law in the course of resolving disputes. The scope...
 

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Formal Characteristics of National Constitutions: A Cross-National Historical Dataset (with Zachary Elkins), Schmooze 'tickets' (2005)
 

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The Unreluctant Litigant? An Empirical Analysis of Japan's Turn to Litigation (with Glenn Hoetker), University of Illinois Legal Working Paper Series (2004)
This paper describes and analyzes the rapid increase in civil litigation in Japan during the...
 

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The Market for Elite Law Firm Associates (with Jeffrey A. Wolf), University of Illinois Legal Working Paper Series (2004)

This article focuses on three information-related puzzles related to how large law firms recruit entry-level...

 

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Book Review: Democracy, Markets and Doomsaying: Is Ethnic Conflict Inevitable?, University of Illinois Legal Working Paper Series (2004)
Amy Chua's World on Fire is a stimulating book that links the 1990s spread of...
 

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Comparative Judicial Daring: Constitutional Powers and Political Culture (with Robert D. Cooter), Berkeley Program in Law & Economics, Working Paper Series (1997)

Positive political theory has developed important predictive insights into interpretation of statutes, specifically what structural...

 

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Division of Powers In the European Constitution (with Robert D. Cooter), Berkeley Program in Law & Economics, Working Paper Series (1997)
As membership expands and institutions evolve, European governance grows increasingly complex. One way to make...