Sabine Stricker-Kellerer is an international lawyer. She has over 30 years experience advising European companies on legal aspects of doing business in China. In 1985 she set up the first office of a European law firm in China. Today she is also on the panel of arbitrators of the China International Economic and Trade Arbitration Commission (CIETAC) and other PRC arbitration commissions. She is chairwoman of the international business advisory board of the German Federal Minister of Economics and Technology. She is a founding member of the German-Chinese Dialogue Forum.
Chief Justice Hsu Tzong-Li of Taiwan’s Constitutional Court will discuss Taiwan’s judicial reform agenda and key cases. Dr. Hsu has been president of the Judicial Yuan and chief justice of the Constitutional Court since 2016. For many foreigners, the best-known ruling of his term came in 2017, when the court held that the constitution of Taiwan requires legalization of same-sex marriage.
Fu Hualing is Professor of Law and holder of the Warren Chan Professorship in Human Rights and Responsibilities. He holds an LL.B. from Southwestern University in China, an M.A. from Toronto University and a Doctor of Jurisprudence degree from Osgoode Hall.
Ling LI teaches Chinese politics and law at the University of Vienna. She obtained her doctoral degree from Leiden University Law School in the Netherlands in 2010. Between 2010 and 2015, she was a senior research fellow at the U.S.-Asia Law Institute of New York University School of Law
The wrongful convictions of the Central Park Exonorees was not an isolated case. The Innocence Project has documented 367 DNA exonerations in the United States over the past thirty years. Wrongful convictions also occur around the world, in very different legal systems.
Alison Conner is Professor of Law and Director of the International and Graduate Programs at the Richardson School of Law. Professor Conner’s research interests include legal history and legal education, though more recently she has focused on the depiction of law in Chinese movies.
Meet Professor Chang-fa Lo, who was until recently a justice on the Constitutional Court of Taiwan, ROC and Professor William Alford, Professor, Vice Dean for Graduate and International Studies and Director, East Asian Legal Studies, Harvard Law School is a scholar of Chinese law and legal history.
Katherine Wilhelm, Executive Director of the U.S.-Asia Law Institute, is an expert on China’s legal system, public interest law organizations and civil society. She joined USALI in August 2019 after returning from nearly three decades of residence in Asia, where she split her career between law and journalism.
As an important supplement to the legal aid system, the on-duty lawyer system originated in the United Kingdom and was gradually absorbed and established by modern rule of law countries such as Australia, Canada, and Japan, and became an important part of the legal aid system of these countries. The number of criminal defense lawyers in China is limited, and the criminal defense rate continues to be low.
From a corporate governance perspective, the Nissan scandal can be boiled down to one fundamental question: Is Nissan a “Japanese” company? Nissan is incorporated in Japan and listed on the Tokyo Stock Exchange and traditionally has been managed from Yokohama, but in terms of ownership structure it has the French company, Renault, as a controlling shareholder. This ownership structure is formally reflected in Nissan’s internal rules, which give Nissan’s chairman (Ghosn) unusual authority to nominate the company’s directors and to determine executive compensation. The basic question of Nissan’s identity is also highly relevant to the central issue in the case revolving around Ghosn’s executive compensation: Should Ghosn be compensated according to Japanese norms or practices, or should his compensation be considered in terms of being CEO of a global automobile company like General Motors? Compensation practices reflect underlying basic differences in employment systems, as large Japanese companies continue to practice a modified form of “lifetime employment.”
Drawing upon a sample of drug users in two mandatory drug treatment centers in Southwest China, this project conducts a quantitative investigation on Chinese drug users. It explores Chinese drug users’ demographic characteristics, drug use history, and treatment experience. Utilizing factor analysis, it assesses the validity and reliability of Grasmick et al.’s self-control measure, which is widely used in Western criminological research, among this special population. Furthermore, the relationships between self-control, deviance, and arrests are examined.
ABOUT THE PRESENTATION
Whilst issues relating to the interaction and relationship between privacy, data protection, and competition law have been much discussed in the past few years, to date, there has been little consideration of how such issues might play out in China. This presentation is a preliminary exploration of how these issues might be understood and developed in China. In particular, it examines the legal, institutional, and governance framework surrounding privacy and data protection in China and considers how competition law fits into this broader picture.
ABOUT THE SPEAKER
Dr. Wendy Ng is a Senior Lecturer at Melbourne Law School. She researches on competition law, focusing on China, international and comparative law, and political economy issues. Her book, ‘The Political Economy of Competition Law in China’, was published by Cambridge University Press in 2018. Prior to joining Melbourne Law School, Wendy worked as a lawyer at leading commercial law firms in Melbourne and New York and as a lecturer at the University of Adelaide.
Child welfare for children who do not have biological parents or appropriate caregivers has been out of the public spotlight for a long time in Japan. As such, alternatives such as foster care and adoption rates remain unduly low, with over 80% of children placed in government-run institutions. In regards to this situation, the Committee on the Rights of the Child in UN recommended that the Japanese Government provide care for those children in family-like settings.
As the twentieth century drew to a close, Hong Kong, recently transformed into a Special Administrative Region of the PRC, seemed a city totally unlike any of its neighbors. Many observers were surprised by how light a touch Beijing seemed to be exerting in the wake of the 1997 handover, and the striking contrast between what could be said, done, and published in Hong Kong, compared to mainland metropolitan cities such as Shanghai and Shenzhen. Since the 20th anniversary of Hong Kong's return to Chinese rule in 2017, controls have tightened dramatically amid fears of tighter political censorship and enhanced self-censorship. However, with the anniversary of the June 4th Massacre approaching, Hong Kong is still the only place on PRC soil where it can be discussed and marked in public. In 2019, what was once a chasm between civic life in Hong Kong and cities such as Guangzhou and Beijing is rapidly closing.
What does the future hold for Hong Kong? Will it become just another Chinese city that makes up the Greater Bay Area? The speakers, who have been tracking issues relating to higher education, journalism, protest, and the arts, will address Hong Kong's future under Chinese rule.
Denise Y. Ho is assistant professor of twentieth-century Chinese history at Yale University. She is an historian of modern China, with a particular focus on the social and cultural history of the Mao period (1949-1976). Her first book, Curating Revolution: Politics on Display in Mao’s China, appeared with Cambridge University Press in 2018. She is also co-editing a volume with Jennifer Altehenger of King’s College London on the material culture of the Mao period. Dr. Ho is currently at work on a new research project on Hong Kong and China, entitled Cross-Border Relations.
Louisa Lim is an award-winning journalist who grew up in Hong Kong and reported from China for a decade for NPR and the BBC. She is a senior lecturer in audiovisual journalism at the University of Melbourne, and is currently a visiting fellow at the University of Hong Kong. She also co-hosts The Little Red Podcast, a podcast about China beyond the Beijing beltway, which won the News & Current Affairs award at the 2018 Australian Podcast Awards. Her writing about Hong Kong has appeared in the anthology Hong Kong 20/20: Reflections from a Borrowed Place, as well as The New York Times and The New Yorker, and she is the author of The People’s Republic of Amnesia: Tiananmen Revisited (Oxford University Press, 2014), which was shortlisted for the Orwell Prize and the Helen Bernstein Award for Excellence in Journalism.
Jeffrey Wasserstrom is Chancellor’s Professor of History at UC Irvine. His most recent book is the third edition of China in the 21st Century: What Everyone Needs to Know (Oxford, 2018), which he coauthored with Maura Cunningham. In addition to contributing to academic venues, he has written many reviews and commentaries for newspapers, magazines, and journals of opinion, including pieces on Hong Kong that have appeared in The Atlantic, The Nation, the Los Angeles Times, and the Los Angeles Review of Books. He is on the editorial board of Dissent magazine, serves as an academic editor for the China Channel of the Los Angeles Review of Books, and is a former member of the Board of Directors of the National Committee on U.S.-China Relations.
Some believe that in practice the white-collar crime is the hardest for a prosecutor. If the employee in the company or employer who is doing misconduct can tell us the happening crime to be a whistleblower, it will help us a lot to investigate or stop the misconduct. As a result,the whistleblower law which is designed to protect these whistleblowers is very important. The law in Taiwan is still a draft, but there are some difficulties to operate in practice. We hope to perfect the law to operate in Taiwan.
In the amendment of Criminal Procedure Law of China in 2012, "expert conclusions" was changed into "expert opinion", and "person with expertise" was added to help judge assess the admissibility of scientific evidence. However, the practice in recent years shows that the effect of scientific evidence review is still not as good as expected. This kind of problem can be explained by the theories of "knowledge-power" and "cognition-behavior".
When Pro Bono Becomes a Profane Word: Qualitative and Quantitative Analyses of Legal Aid Attorneys in Taiwan
About the Presenter:
Prof. Yun-chien Chang is a Research Professor at Institutum Iurisprudentiae, Academia Sinica, Taiwan and serves as the Director of its Empirical Legal Studies Center. Currently a Program Affiliate Scholar at the Classical Liberal Institute at New York University, he was and will be a visiting professor at New York University, the University of Chicago, St. Gallen University, Hebrew University of Jerusalem, and Rotterdam Institute of Law and Economics. He has also conducted research at Cornell University, University of Paris 2, and University of Tokyo. His current academic interests focus on economic, empirical and comparative analysis of property law and land use law, as well as empirical studies of the judicial system. Prof. Chang has authored and co-authored more than 90 journal articles and book chapters. His English articles have appeared in leading journals in the world, such as The University of Chicago Law Review; Journal of Legal Studies; Journal of Legal Analysis; Journal of Law, Economics, and Organization; Journal of Empirical Legal Studies; International Review of Law and Economics; European Journal of Law and Economics; Notre Dame Law Review; Iowa Law Review and the Supreme Court Economic Review, among others.
His monograph Private Property and Takings Compensation: Theoretical Framework and Empirical Analysis(Edward Elgar; 2013) was a winner of the Scholarly Monograph Award in the Humanities and Social Sciences. Prof. Chang (co-)edited Empirical Legal Analysis: Assessing the Performance of Legal Institutions(Routledge; 2014), Law and Economics of Possession (Cambridge UP; 2015), Private Law in China and Taiwan: Economic and Legal Analyses (Cambridge UP; 2016), and Selection and Decision in Judicial Process Around the World: Empirical Inquires (Cambridge UP; 2018 forthcoming). Prof. Chang is also a co-author of Property and Trust Law in Taiwan (Wolter Kluwers; 2017). He authored two books in Chinese, Eminent Domain Compensation in Taiwan: Theory and Practice (Angle; 2013) and Economic Analysis of Property Law, Volume 1: Ownership (Angle; 2015), and also edited Empirical Studies of the Judicial Systems 2011(Institutum Iurisprudentiae, Academia Sinica; 2013).
Prof. Chang’s academic achievements have won him the Career Development Award in 2016, Outstanding Scholar Award in 2016, Academia Sinica Law Journal Award in 2016, the Junior Research Investigators Award in 2015, the Best Poster Prize at 2011 CELS, and several research grants. He serves as Associate Editor of the International Review of Law and Economics; Editor of Asian Journal of Comparative Law and a Panelist on American Law Institute’s Restatement Fourth, Property International Advisory Panel.
Prof. Chang received his J.S.D. and LL.M. degree from New York University School of Law, where he was also a Lederman/Milbank Law and Economics Fellow and a Research Associate at the Furman Center for Real Estate and Urban Policy, NYU. Before going to NYU, Prof. Chang had earned LL.B. and LL.M. degrees at National Taiwan University and passed the Taiwan bar. Prof. Chang has had working experience with prestigious law firms in Taiwan and has served as a legal assistant for the International Trade Commission.
Ira Belkin is the Executive Director of the U.S.-Asia Law Institute. Prior to joining the Institute in September 2012, Belkin served as a program officer at the Ford Foundation in Beijing, where he worked on law and rights issues. His grant-making supported Chinese institutions working to build the Chinese legal system, to strengthen the rule of law and to enhance the protection of citizens’ rights, especially the rights of vulnerable groups. Prior to joining the foundation in 2007, Belkin combined a career as an American lawyer and federal prosecutor with a deep interest in China, and spent seven years working to promote the rule of law in China. His appointments included two tours at the U.S. Embassy in Beijing and a year as a fellow at the Yale Law School China Law Center. After graduating from NYU Law, Belkin spent 16 years as a federal prosecutor including time in Providence, R.I., where he was chief of the criminal division, and in Brooklyn, N.Y., where he was deputy chief of the general crimes unit. Before attending law school, Belkin taught Chinese language at Middlebury College. He has lectured extensively in Chinese to Chinese audiences on the U.S. criminal justice system and to American audiences on the Chinese legal reform movement. In addition to his J.D. from New York University School of Law, Belkin has a master’s degree in Chinese studies from Seton Hall University and a bachelor’s degree from SUNY Albany.
Yu-Jie Chen is a Post-Doctoral Scholar at the Institutum Iurisprudentiae of Academia Sinica and an Affiliated Scholar at the U.S.-Asia Law Institute of NYU School of Law. She received her J.S.D. and L.L.M. degrees from NYU School of Law. She also holds an LL.M. and LL.B. from National Chengchi University in Taiwan. Yu-Jie has had extensive experience as a research scholar at the U.S.-Asia Law Institute. Prior to that, she served as a researcher and advocate for the non-governmental organization Human Rights in China. She earlier practiced in the Taipei-based international law firm Lee and Li.
Despite many wrongful convictions, as well as death penalty cases, have been redressed in China resent years, there still are lots of innocent defendants petitioning for retrial. In this talk, Lawyer Jiade Huang will deliver what happened to these death penalty wrongful convictions in China. After clarifying that the factors caused the early wrongful conviction still exist, Jiade will put up with approaches to protect innocent citizens from wrongful convictions with legislative and practical strategies.
Katharina Zellweger is a Visiting Scholar at Stanford University’s Center for International Security and Cooperation (CISAC). Previously, she was a 2011–12 Pantech Fellow at the Walter H. Shorenstein Asia-Pacific Research Center. She came to Stanford after five years of living in Pyongyang as the North Korea country director for the Swiss Agency for Development and Cooperation (SDC). Through her SDC and earlier work, she has witnessed modest economic and social changes not visible to most North Korea observers. Her research at Stanford will draw on over 15 years of humanitarian work in North Korea and explore how aid intervention can stimulate positive sustainable change there.
This presentation will offer research on corporate financial crimes between the U.S and Korea, focusing on investigative methods, evidence-gathering process and trials on accounting fraud crimes such as Enron, Worldcom, Adelphia and so on. This study will also deal with the details of the major corporate financial crimes committed by big company in Korea such as the investigation process, the content of the sentence, the penalties of main criminals.
The whole western world is mis-targeting and mis-understanding the social credits system as an ambitious project of surveillance. In fact, it is just a good anticipation of the Chinese government for a better society as the western ones full of good regulation, market and morality. However, the social credits system still needs complete data protection law, because this project, through collecting, using and concentrating huge amount of personal data, will change the meaning and position of person in the law, and influent everyone’s fulfillment of fundamental rights.
Roderick Hills teaches and writes in public law areas with a focus on the law governing division of powers between central and subcentral governments. These areas include constitutional law, local government law, land use regulation, jurisdiction and conflicts of law, and education law.
This presentation will discuss the differences of work visa holders’ status between China and the United States and make an argument for reform.
Michael C. Davis, the Professor of Law and International Affairs at India’s Jindal Global University and a Visiting Senior Fellow at the Liu Institute for Asian Studies at Notre Dame University, has just completed the 2016-2017 Reagan-Fascell Democracy Fellowship at the National Endowment for Democracy, where his research related to “resistance movements and constitutionalism in emerging democracies in Asia.”
What measures has the Supreme Court been taking to improve the proportion of application of judgment declaration on trial day? How has the application of this declaration changed? Is it practical and appropriate to improve this approach? To what extent will it be helpful for the substantialization of court trial? This presentation will discuss questions above through empirical approach.