Douglas H. Ginsburg

Hon. Douglas H. Ginsburg
Firm: United States Court of Appeals, District of Columbia Circuit
Address: E. Barrett Prettyman United States Courthouse
333 Constitution Avenue, N.W.
Fifth Floor, Room 5205
Washington, DC 20001
Phone: (202) 216-7190
Web site:

Position Bar Admissions Education
Published Works Affiliations
Lawyer Profile:

Judge Ginsburg was appointed to the United States Court of Appeals in November 1986, served as Chief Judge from July 16, 2001 until February 10, 2008, and took senior status on October 14, 2011. He was graduated from Cornell University (B.S. 1970) and from the University of Chicago Law School (J.D. 1973). Following law school, he clerked for Judge Carl McGowan of the U.S. Court of Appeals for the D.C. Circuit and for U.S. Supreme Court Justice Thurgood Marshall. From 1975 to 1983, he was a professor at Harvard Law School. He then served as Deputy Assistant Attorney General for Regulatory Affairs, Antitrust Division, U.S. Department of Justice, from 1983 to 1984; Administrator, Information and Regulatory Affairs, OMB, from 1984 to 1985; and Assistant Attorney General, Antitrust Division, U.S. Department of Justice, from 1985 to 1986.

Current Employment Position(s):
Senior Judge, since October 14, 2011

Appointed 1986 by President Reagan
Bar Admissions:
Illinois, 1973
Massachusetts, 1982
U.S. Supreme Court, 1984
U.S. Court of Federal Claims, 2006
U.S. Court of Appeals 9th Circuit, 1986
University of Chicago Law School, Chicago, Illinois, 1973
Honors: Order of the Coif
Honors: Russell Floyd Mecham Prize Scholarship
Honors: University of Chicago Casper Platt Award, 1973

Cornell University, Ithaca, New York, 1970
Honors: Irving M. Ives Award, 1970

Published Works:
Regulation of the Electronic Mass Media: Law and Policy for Radio, Television and Cable and the New Video Technologies (Second Edition), 1991

Government, Technology, and the Future of the Automobile (Co-Author with W. Abernathy), 1980

Antitrust, Uncertainty, and Technological Innovation, 1980

Article, Ernst Freund and the First Amendment Tradition: Afterword, 40 University of Chicago Law Review 235, 1973

Book Review, Reluctant Regulators: The FCC and the Broadcast Audience, 30 Federal Communications Law Journal 173, 1978

Article, Making Automobile Regulation Work: Policy Options and a Proposal (Co-Author with W. Abernathy), 2 Harv. J. L. & Pub. Pol. 73, 1979

Article, Interstate Banking, 9 Hofstra Law Review 1133, 1981

Article, The New Illinois Bank Holding Company Act, 99 Bank Law Journal 598, 1982

Article, Interstate Banking: A Preview of the Issues, ABA Banking Journal, February, 1983

Book Review, Breyer, Regulation and Its Reform, 20 Harvard Journal Legislature 647, 1983

Article, Rights of Excess: Cable and the First Amendment, 6 Communications and the Law 71, 1984

Article, The Future of Interstate Banking, 9 Journal of Corporate Law 655, 1984

Article, The Case Against Federal Intervention in the Market for Corporate Control (Co-Author with J. Robinson), 4 Brookings Review 15, 1986

Article, White House Review of Agency Rulemaking (Co-Author with C. Demuth), 99 Harvard Law Review 1075, 1986

Article, The Appropriate Role of the Antitrust Enforcement Agencies, 9 Cardozo Law Review 1277, 1988

Article, The Goals of Antitrust Revisited: A Comment, Journal of Institutional and Theoretical Economics, 1990

Article, Rationalizing Antitrust: A Rejoinder to Professor Armentano, 35 Antitrust Bulletin 329, 1990

Article, Vertical Restraints : De Facto Legality Under the Rule of Reason, 60 Antitrust L.J. 67, 1991

Article, Antitrust as Antimonopoly, Regulation, Summer, 1991

Article, The Court En Banc: 1981-1990 (Co-Author with D. Falk), 59 Geo. Wash. L. Rev. 1008, 1991

Article, Non?price Competition, 38 Antitrust Bulletin 83, 1993

Article, Blackmail: An Economic Analysis of the Law, (Co-Author with P. Schectman), 141 U. Pa. L. Rev. 1849, 1993

Book Review, Enterprise and American Law, by Herbert Hovenkamp, 75 Public Choice 396, 1993

Book Review, The Litigation Explosion, by Walter Olsen, 90 Mich. L. Rev. 1609, 1992

Article, Bounded Rationality: Comment, 150 J. of Institutional and Theoretical Economics, 1994

Article, A Property Rights Analysis of the Inefficiency of Investment Decisions by Labor?Managed Firms: Comment, 1488 J. of Institutional and Theoretical Economics 45, 1992

Book Review, "Power Without Responsibility: How Congress Abuses the People Through Delegation," by David Schoenbrod, Regulation Magazine, 1995

Book Review, Money for Nothing: Politicians, Rent Extraction, and Political Extortion, by Fred S. McChesney, 97 Mich. L. Rev. 6, 1999

Article, International Antitrust: 2000 and Beyond, (Co-Author with S. Angstreich), 68 Antitrust L.J. 571, 2000

Article, The Court En Banc: 1991-2002 (Co-Author with B. Boynton), 70 Geo. Wash. L. Rev. 259, 2002

Article, On Constitutionalism, Cato Supreme Court Review 7, 2003

Book Review, Competition Rules for the 21st Century: Principles from America's Experience, by Ky P. Ewing, 103 Mich. L. Rev., 2004

Article, Comparing Antitrust Enforcement in the United States and Europe, 1 J. Comp. Law & Econ. 427, 2005

Article, Article I, Section 1, Legislative Vesting Clause, in The Heritage Guide to the Constitution (Edwin Meese III, ed.), 2005

Article, Determinants of Private Antitrust Enforcement in the United States (Co-Author with L. Brannon), Vol. 1, No. 2 Comp. Pol. Int'l 29, 2005

Article, Multinational Merger Review: Lessons From Our Federalism (Co-Author with S. Angstreich), 8 Antitrust L.J. 219, 2000

Classes/Seminars Taught:
Visiting Senior Lecturer and Charles J. Merriam Scholar, University of Chicago Law School, 1996

Visiting Senior Lecturer and Charles J. Merriam Scholar, University of Chicago Law School, 1994

Visiting Senior Lecturer and Charles J. Merriam Scholar, University of Chicago Law School, 1992

Visiting Senior Lecturer and Charles J. Merriam Scholar, University of Chicago Law School, 1990

Distinguished Professor of Law, George Mason University, 1988 - 1996

Visiting Professor of Law, Columbia University, 1987 - 1988

Professor of Law, Harvard Law School, 1981 - 1983

Assistant Professor of Law, Harvard Law School, 1975 - 1981

Professional Associations and Memberships:
Illinois State Bar Association

American Bar Association

American Economic Association

American Law and Economic Association

American Law Institute

Mont Pelerin Society

Past Employment Positions:
United States Court of Appeals, Chief Judge, July 16, 2001 - February 10, 2008

United States Court of Appeals, Judge, 1986 - 2001

U.S. Department of Justice, Antitrust Division, Assistant Attorney General, 1985 - 1986

OMB, Information and Regulatory Affairs, Administrator, 1984 - 1985

U.S. Department of Justice, Regulatory Affairs, Antitrust Division, Deputy Assistant Attorney General, 1983 - 1984

Harvard Law School, Professor, 1975 - 1983

Hon. Thurgood Marshall, United States Supreme Court, Law Clerk, 1974 - 1975

United States Circuit Judge Carl McGowan, Law Clerk, 1973 - 1974

Phi Kappa Phi
Birth Information:
1946, Chicago, Illinois, United States of America

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