Sep
25
4:30 PM16:30

Why Is "Faquanism" Especially Necessary in Chinese Jurisprudence?"

Join us for a special discussion with Professor Tong Zhiwei about "Faquan," or the intersection of "right" and "power." With this conceptual framework, that faquan is a unified entity, Professor Zhiwei will discuss in this lecture how the concept of faquanism assists in achieving better right-duty jurisprudence.

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Oct
1
12:15 PM12:15

Asia Law Weekly: Thomas Kellogg

Thomas E. Kellogg is Executive Director of the Center for Asian Law, where he oversees various programs related to law and governance in Asia. He is a leading scholar of legal reform in China, Chinese constitutionalism, and civil society movements in China.

Prior to joining Georgetown Law, Kellogg was Director of the East Asia Program at the Open Society Foundations. At OSF, he oversaw the expansion of the Foundation’s work in China, and also launched its work on Taiwan and North and South Korea. During his time at OSF, Kellogg focused most closely on civil society development, legal reform, and human rights. He also oversaw work on a range of other issues, including public health, environmental protection, and media development.

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Oct
8
12:15 PM12:15

Asia Law Weekly: Chang-fa Lo

Professor Chang-fa Lo is Justice of the Constitutional Court, Taiwan, ROC. He was Dean of NTU College of Law; NTU Chair Professor; Distinguished Professor; founding Director of Asian Center for WTO and Int’l Health Law and Policy of NTU Law (ACWH); founding Director of Center for Ethics, Law and Society in Biomedicine and Technology of NTU; Commissioner of the Fair Trade Commission; and Commissioner of International Trade Commission. He received the National Chair Professorship Award by Ministry of Education and the Outstanding Scholarship Chair Professor Award by the Foundation for Advancement of Outstanding Scholarship. In his capacity as ACWH Director, he launched two English journals: the “Asian Journal of WTO and Int’l Health Law and Policy” (AJWH, an SSCI listed journal) and “Contemporary Asia Arbitration Journal” (CAAJ) in 2006 and 2008 respectively. In his capacity as Dean of NTU College of Law, he also launched an English “NTU Law Review” for the college in 2006. He was appointed by the Director General of the WTO as panelist for the disputes of DS332 Brazil —Retreaded Tyre in 2006 and DS468 Ukraine — Definitive Safeguard Measures in 2014 and was also appointed as a member of the Permanent Group of Experts (PGE) of the WTO. 

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Oct
15
12:15 PM12:15

Asia Law Weekly: Bing LING

Professor Bing Ling received his law degrees from the law schools of Peking University and the University of Michigan and taught in Hong Kong for nearly 20 years. He was a founding professor at the law school of the Chinese University of Hong Kong during 2005-12. He was appointed to the Chair of Chinese law at the University of Sydney in 2012 and has been Associate Dean (International) and Director of Chinese Engagement of the Sydney Law School. Professor Ling teaches and writes on Chinese civil and commercial law, comparative contract law, Chinese practice on international law and Hong Kong Basic Law. He is the author of the leading treatise on Chinese contract law in the English language and has provided expert testimony on Chinese law in numerous international arbitration and litigation cases. 

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Oct
22
12:15 PM12:15

Asia Law Weekly: David Scharff

David E. Scharff, M.D. is Chair of the Board, Co-Founder and Former Director, International Psychotherapy Institute; Chair, The International Psychoanalytic Association’s Committee on Family and Couple Psychoanalysis; Clinical Professor of Psychiatry, Uniformed Services University of the Health Sciences and Georgetown University; He is a Child and Adult Psychoanalyst in private practice with children, adults, couples and families in Chevy Chase, Maryland.

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Nov
5
12:15 PM12:15

Asia Law Weekly: Bruce Aronson

Bruce Aronson has been a tenured professor of law at universities in the United States and Japan, and has also served as a corporate partner at a major New York law firm. Professor Aronson is currently a Research Associate, Japan Research Centre, SOAS, University of London (non-resident). He also serves as an outside director at a listed Japanese pharmaceutical company. His main area of research is comparative corporate governance with a focus on Japan, and he is currently working on a new book tentatively titled Corporate Governance in Japan: A Comparative Approach.His current research project is a new book tentatively titled Corporate Governance in Japan: A Comparative Approach.

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Nov
19
9:00 AM09:00

Gelatt Dialogue: East Asia & International Law

  • NYU School of Law - Greenberg Auditorium (map)
  • Google Calendar ICS

Exploring the theme of “East Asia and International Law,” this event marks the 70th anniversary of the Universal Declaration  of Human Rights and will also assess the roles of international legal institutions in dispute resolution, including issues relating to the East and South China Seas. We hope that you will join us for this special event, and watch our website and mailing list for updates throughout the autumn – including featured speakers and RSVP information.

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Sep
24
12:15 PM12:15

Asia Law Weekly: Seokwoo LEE

Seokwoo Lee is Professor of International Law, Inha University Law School, Korea. He is also Chairman of Research Committee, SLOC (Sea Lanes of Communication) Study Group-Korea; and Chairman of the Foundation for the Development of International Law in Asia (DILA). Prior to taking his current post at Inha, he conducted research at a number of universities including the University of Tokyo, Harvard, Georgetown, Oxford, Durham, and George Washington. He holds a D.Phil. (Oxford), LL.M.s (NYU, Minnesota, and Korea University), and LL.B. (Korea University). His research focuses on Territorial and Boundary Disputes, Law of the Sea, and International Human Rights Law.

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Sep
21
2:00 PM14:00

Book Launch & Conversation: The Future of Property Theory in a Comparative Context

Join the U.S.-Asia Law Society and Asia Law Society to celebrate the publication of:

(1) The Great Property Fallacy: Theory, Reality, and Growth in Developing Countries (Authored by Frank Upham, Professor at NYU Law School);
(2) The Laws and Economics of Confucianism: Kinship and Property in Preindustrial China and England (Authored by Taisu Zhang, Professor at Yale Law School); and
(3) Chinese Small Property: The Co-Evolution of Law and Social Norms (Authored by Shitong Qiao, Professor at HKU Faculty of Law).

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Sep
17
12:15 PM12:15

Asia Law Weekly: Ambassador David Adelman

Ambassador David Adelman is a partner in the New York office of global law firm Reed Smith LLP who counsels businesses on cross-border transactions with a focus on transpacific capital flows.  He previously was a managing director at Goldman Sachs in Hong Kong and was the 15th United States Ambassador to Singapore. 

During his term as U.S. Ambassador, Adelman led eight trade missions throughout Asia including the first American business delegation in history to Naypyidaw, the capital of Myanmar. Adelman was awarded the U.S. State Department Superior Honor Award and the United States Navy Distinguished Public Service Award, the highest award granted by the U.S. Navy to non-military personnel.

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Sep
12
12:45 PM12:45

Criminal Injustice: Junk Science, Wrongful Convictions, and Race

Wednesday, September 12, 12:45-2:00 p.m.
Vanderbilt Hall, Greenberg Lounge

It’s all too common in criminal cases to encounter junk science masquerading as forensics. The consequences can be egregious: innocent people sent to prison while perpetrators remain free. Washington Post writer Radley Balko and Mississippi law professor Tucker Carrington chronicle one such case in their recently published book, The Cadaver King and the Country Dentist: A True Story of Injustice in the American South. In doing so, they expose structural failures and institutional racism that have insulated sham science from challenge and led it to disproportionately impact the African American community. At this Forum, the authors will discuss their book and, with other experts, address concerns about junk science in the criminal justice system around the country.

Moderator

Erin Murphy, Professor, NYU School of Law 

Panelists

Radley Balko, Opinion Writer, Washington Post

Bennett Capers, Professor, Brooklyn Law School

Tucker Carrington, Professor and Founding Director of the George C. Cochran Innocence Project, University of Mississippi School of Law

Click here to RSVP.

 

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Sep
5
12:15 PM12:15

Asia Law Weekly: Hugh Scogin

Hugh Scogin was born in Charleston, SC, where he grew up after living in Taiwan from 1953 to 1956. He was an undergraduate at the College of Charleston, where he majored in European History, did graduate studies in Chinese history and philosophy at the University of Chicago and studied law at Harvard Law School. His career has combined teaching and research as a law professor with practicing international business law. He has taught at the University of Southern California School of Law, NYU School of Law and Yale Law School. His teaching and publications have focused on Chinese history, legal history, comparative law, and international business transactions. He has served as a senior corporate partner in the Shanghai and Beijing offices of international law firms and is a member of the panel of arbitrators of the China International Economic and Trade Arbitration Commission in Beijing. He first practiced as a lawyer in Beijing in the mid 1980’s and recently relocated to the US after spending 15 years in China.

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May
2
2:30 PM14:30

The Influence of Courts on Public Opinion in China: Evidence from a Survey Experiment

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Location:
139 MacDougal Street, Wilf Hall
5th Floor, Room 512
New York, NY, 10012

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Ms. Li will present her research on the ability of courts to foster popular support for national policies in China. Through a survey experiment fielded to 806 university students in China, Li will present her (and co-author Benjamin Chen's) findings that while courts can occasionally be more effective than non-institutional actors in bringing about attitudinal change, administrative agencies are at least as persuasive as the courts.  This finding has broad implications for our understanding of legitimation in the Chinese state, and the potential for judicially initiated change in China. 

 
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About Zhiyu Li

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Prior to joining NYU as a Post-Doctoral Fellow, Zhiyu Li received her JSD from the University of California, Berkeley, where she served as a teaching assistant for the Legal Research and Writing course. Her primary research interests are in legislation and statutory interpretation, administrative law, judicial decision-making, and comparative law. Her scholarly work has appeared in U.S. and international journals, including the Washington International Law Journal and the Review of Law & Economics. Her co-authored article on the positive political theory of comparative administrative law received an honorable mention for the Colin B. Picker Prize, awarded by the American Society of Comparative Law. She is also a member of the P.R.C. bar. Zhiyu is currently engaged in a project that describes and accounts for the diffusion of judicial innovation in Chinese courts. To elucidate the lawmaking function of the Chinese judiciary, she employs both qualitative methods, such as doctrinal analysis, case studies, and interviews, and quantitative methods, such as traditional surveys, and survey experiments. The fruits of this inquiry should be of interest to researchers who are seeking a theoretical understanding of the development of Chinese law and to practitioners who are trying to predict legal and regulatory trends in China.

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Apr
30
12:15 PM12:15

Asia Law Weekly: Charles Booth

Charles Booth
Professor of Law,  William S. Richardson School of Law, University of Hawai'i at Manoa
Director, Institute of Asian-Pacific Business Law (IAPBL), William S. Richardson School of Law, University of Hawai'i at Manoa


Monday, April 30, 2018
12:15-2:00 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
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Charles Booth (BA, Yale University, 1981, summa cum laude; JD Harvard Law School, 1984, cum laude) is a Professor of Law at the William S. Richardson School of Law at the University of Hawai‘i and the Founding Director of the Institute of Asian-Pacific Business Law (IAPBL). He taught in the Faculty of Law at the University of Hong Kong from 1989 to 2005, where he also served as the Director of the Asian Institute of International Financial Law (AIIFL) from 2000-2005. He is also a Senior Advisor at Burford Capital.
 
Prof. Booth’s primary research interests are comparative and cross-border insolvency and commercial law, Hong Kong and Chinese insolvency law and reform, and the development of insolvency and commercial law infrastructures in Asia. He has authored/co-authored more than 70 publications, which have been published in 10 jurisdictions. He co-authored: A Global View of Business Insolvency Systems (2010); the Hong Kong Corporate Insolvency Manual (3rd ed, 2015; 4th ed, in press); and the Hong Kong Personal Insolvency Manual (2nd ed, 2010; 3rd ed, forthcoming 2018).
 
Prof. Booth is a Fellow in the American College of Bankruptcy and a Founding Member of the International Insolvency Institute. He has served as a consultant on insolvency and commercial law reform projects for many international organizations, including the World Bank, the Asian Development Bank, the EBRD, the OECD, the ABA-UNDP, the IDLO, the International Republican Institute, the Asian Business Law Institute (ABLI), and the International Insolvency Institute (III). He has contributed to law reform projects in China, Hong Kong, Laos, Vietnam, Mongolia, and Vanuatu, and in Europe and Asia generally. He co-authored a report for the EBRD evaluating its Legal Transition Programme; co-authored the Study on Alternatives for the Debt Restructuring of Enterprises in China, the Report on the Treatment of the Insolvency of Natural Persons, and the Comparative Survey of International Commercial Enforcement & Insolvency Practices for the World Bank; led the drafting efforts of corporate insolvency and cross-border insolvency laws enacted in Vanuatu; and assisted the Mongolian Judiciary with the drafting of an insolvency handbook. He is also a Co-Designer and Co-Director of the Professional Diploma in Insolvency Course (now in its 12th year) organized by the Hong Kong Institute of Certified Public Accountants. In 2016, he delivered the keynote on ASEAN Cross-Border Insolvency to ASEAN representatives in Bangkok, and he served as the Senior Evaluation Expert for the IFC-World Bank Group to conduct a Mid-Term Review of the Vietnam Debt Resolution Program. He is currently working with the World Bank Group on an insolvency law reform project in Laos and is serving on the Advisory and Steering Committees for the Asian Principles of Business Restructuring Project that is being organized by the III and the ABLI (out of Singapore).

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Apr
26
to Apr 27

Reimagining Justice: Realizing Human Rights through Legal Empowerment

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Thursday, April 26 - Friday, April 27, 2018

Vanderbilt Hall, NYU School of Law

More than 4 billion people are understood to be living outside the protection of the law. Adding to this unjust and ongoing status quo are profound levels of income inequality and rising authoritarianism across the globe. The result is an urgent need to reimagine legal systems that work for everyone.

Legal empowerment, a growing field of human rights practice, scholarship, and education, strives to reverse this tide of injustice and strengthen the capacity of marginalized individuals to use the law to find solutions to their justice problems. It is a deeper version of democracy, giving voice to those who have been historically powerless.

The Robert L. Bernstein Institute for Human Rights at NYU School of Law is committed to the advancement of legal empowerment through innovative research, education, and advocacy. Our 2018 conference, Reimagining Justice: Realizing Human Rights through Legal Empowerment, leverages the interdisciplinary strengths of the Robert L. Bernstein Institute for Human Rights and draws together leading activists, lawyers, and academics from around the world to assess the state of the legal empowerment field, identify key research and methodological opportunities, and build a stronger global movement for grassroots justice

Registration is now open!  RSVP Here.

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Apr
25
6:30 PM18:30

Documentary Screening: Guangzhou Dream Factory

Africa House & the U.S.-Asia Law Institute are proud to present Guangzhou Dream Factory accompanied by a talk with filmmaker Erica Marcus.

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RSVP HERE

EVENT DETAILS

14A Washington Mews, 1st Floor,
New York, NY 10003

6:30 PM

ABOUT THE FILM

Immigration, globalization, Chinese factories and African dreams…GUANGZHOU DREAM FACTORY weaves stories of Africans chasing alluring, yet elusive, “Made in China” dreams into a compelling critique of 21st century global capitalism.

Guangzhou, a.k.a. Canton, is southern China's booming commercial center. A mecca of mass consumption, the city’s vast international trading centers attract more than half a million Africans each year. Most are doing business – in China to buy goods they’ll sell back in Africa. But some choose to stay, and for these Africans China looks like the new land of opportunity, a place where anything is possible. But is it?

Featuring a dynamic cast of men and women from Cameroon, Kenya, Nigeria and Uganda, GUANGZHOU DREAM FACTORY provides a rare glimpse of African aspirations in an age of endless outsourcing.


MEET THE FILMMAKERS

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Christiane Badgley, Director, Co-Producer

Christiane Badgley is a director and editor of award-winning documentaries and multimedia work. Christiane began her career in the San Francisco Bay Area where she was a frequent collaborator of acclaimed African American director, Marlon Riggs (she worked with him until his death in 1994, completing his last film, Black Is…Black Ain’t, posthumously). Christiane first worked in Ghana more than 25 years ago and has continued working on projects in Africa and with prominent African directors since that time. In recent years Christiane has focused her attention on the extractive industries and controversial U.S. investments in West and Central Africa, writing and producing film and new media work for multiple broadcast and online outlets.

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Erica Marcus, Co-Producer

Erica Marcus was one of the first Americans to study and work in China after normalization of relations between the United States and China (1979). She began her film career in the early 1980s working in Hong Kong, China and Taiwan.  Fluent in Mandarin Chinese, she assisted the Cannes award winning filmmaker Hu Jin Quan (胡金铨 or King Hu). Erica has since produced documentary films that have screened at  numerous festivals including Sundance, Berlin and Locarno, and been broadcast on PBS and European TV networks.


 

This film screening is made possible through the generous support of Africa House.

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Apr
25
2:30 PM14:30

Correction of Misjudged Death Penalty Cases in China

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Location:
139 MacDougal Street, Wilf Hall
5th Floor, Room 512
New York, NY, 10012

RSVP Here

About the Presentation:

From 2013 to 2016, Chinese People’s court has announced 3718 defendants non-guilty and accepted 16889 state compensation cases. In 2016, People’s court corrected 11 serious mistrial and wrong cases, involving 12 accused. The number is historically highest compared with 23 serious mistrials and wrongfully convicted cased involving 37 accused within four years.

The death penalty is the most serious punishment, and in recent years there are death penalty cases caused public interest, my research would focus on mistrial death penalty cases. My research is based on 44 cases, including the death penalty and death penalty with a two-year suspension of execution, which was reported in public media. All information about these cases is gathered through public media. These cases express the whole picture of correction of mistrial death penalty cases.

About the Presenter:

Ms. Meijun Xu is currently a professor at Fudan University Law School, China. Her research focuses on judicial reform in China, and her publications include articles on investigative powers, simplified criminal procedure, criminal mediation, comparative judicial systems and criminal evidence. In recent years her research interests have centered mainly on wrongful convictions and the standard of proof in criminal procedure. She will conduct empirical research on the death penalty during her stay at USALI.    

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Apr
25
12:15 PM12:15

Asia Law Weekly: Chongyi Feng

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Chongyi Feng
Associate Professor in China Studies, University of Technology Sydney
Adjunct Professor of History, Nankai University, Tianjin


Wednesday, April 25, 2018
12:15-2:00 pm
Wilf Hall 5th Floor Conference Room
139 Macdougal Street
New York, NY 10012
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Chongyi Feng is an Associate Professor in China Studies, University of Technology Sydney and an Adjunct Professor of History, Nankai University, Tianjin. He is China’s first holder of PhD in contemporary Chinese history and served as a head of China Studies at UTS for 11 years from 1995 to 2006. His current research focuses on intellectual, political and legal development in contemporary China, political economy of China’s provinces, as well as the changing political identity of the overseas Chinese in Australia. Additionally, his research explores the intellectual and political changes, the growth of rights consciousness and democratic forces in particular, leading to constitutional democracy in China.

In addition to more than 100 articles in academic journals and edited books, and numerous articles in newspapers and on the Internet, he is an author of Peasant Consciousness and China (1989); Bertrand Russell and China (1994); China’s Hainan Province: Economic Development and Investment Environment (1995); The Struggle of National Spirit in National Crisis: Chinese Culture During the Period of the War of Resistance Against Japan (1995); From Sinification to Globalisation (2003); The Wisdom of Reconciliation: China’s Road to Liberal Democracy (1995); Liberalism within the Chinese Communist Party: From Chen Duxiu to Li Shenzhi (2009); Principles and Passion: Prefaces and Poems of Feng Chongyi (2011); and China’s Constitutional Transformation (2014). He is also an editor of The Political Economy of China’s Provinces (1999); North China at War: The Social Ecology of Revolution, 1937-1945 (2000); Constitutional Government and China (2004); Li Shenzhi and the Fate of Liberalism in China (2004); China in the Twentieth Century (2006); Constitutional Democracy and Harmonious Society (2007), China in Multi-disciplinary Perspectives (2008); The End of the History of the Anti-Chinese Policy in Australia (2016); and The Chinese Liberal Scholars and China’s Transformation to Constitutional Democracy. He also has been named one of the hundred Chinese public intellectuals in the world by several Chinese websites since 2005.

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Apr
23
12:15 PM12:15

Asia Law Weekly: Alex Yong Kang Chow

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Alex Yong Kang Chow
Activist
Former Secretary-General of the Hong Kong Federation of Students (2014 - 2015)


Monday, April 23, 2018
12:15-2:00 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
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Alex Yong Kang Chow is an activist and was the Secretary-General of the Hong Kong Federation of Students in 2014-2015. He helped to lead the Umbrella Movement, a nearly three-month protest for voting rights in Hong Kong. Chow was sentenced to seven months in prison because of his participation in the movement, making him one of several political prisoners in Hong Kong. Currently he is a Master’s student of City Design and Social Science at the London School of Economics and in Fall 2018 will begin his Ph.D. in Geography at the University of California, Berkeley. 




 

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Apr
18
2:30 PM14:30

The Internalization of International Human Rights Law

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Location:
139 MacDougal Street, Wilf Hall
5th Floor, Room 512
New York, NY, 10012

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As part of a worrying global phenomenon, racism and ultra-nationalistic campaigns against ethnic minorities have seen serious growth in Japan. Responding to the recommendations of the UN human rights bodies for the Japanese government to take legal measures to curb hate speech in 2014, Japanese government enacted its first law against hate speech in June 2016, despite its persistent negative attitude toward regulating hate speech due to the strong protection of freedom of speech under the Constitution.

This study examines the background of the enactment of “Act on the Promotion of Efforts to Eliminate Unfair Discriminatory Speech and Behavior against Persons Originating from Outside Japan (Hate Speech Dissolution Act)” in Japan based on the theory of the vernacularization, a process to convert universalistic human rights into local understandings of social justice [Merry and Levitt,1999] and socialization of international legal norms and transnational legal processes to promote national obedience of international human rights law [Koh 1999; Risse and Sikkink 1999; Goodman & Jinks 2004, 2008, 2013] with compared to the hate speech regulation and social movement in the U.S. against racial discrimination.

Previous literatures including Risse and Sikkink(1999) explored the stages and mechanisms through which international norms can lead to changes in domestic practice and political behavior. Goodman & Jinks (2013) also points out “acculturalization”, the general process by which actors adopt the beliefs and behavioral patterns of the surrounding culture, as the important mechanisms for influencing state practice. A question raised here is if we could see acculturalization of the international human rights laws in the development process of the Hate Speech Dissolution Act, which seems to be respondent to the recommendation of the UN human rights treaty bodies. Through analyzing the legal and political process and its implicit interaction with civil society which is mobilized on anti-racism social movement, this study reveals the complicated mechanism of the acculturalization in different levels.

In this process of internalization of international human rights laws and norms, this study focuses on legal process in judiciary as well as the social movement in civil society against hate speech which can be categorized in three groups. First group centered attorneys and international human rights NGOs, which are engaged in advocacy in international level. The second group includes the activities of traditional citizens' movement such as labor union and local community seen in the movement in Kawasaki. Final, and most important group in the context of vernacularization is the ordinary citizens networked through the Internet. Focusing on the interaction between domestic and international advocacy by these groups involved in anti-hate speech movement, the study tries to examine the relationship between the formation of global justice and the local movement and development of legislation on the ground.

 

It concludes judicial rulings on hate speech in Japan combined with nation-wide anti-hate movement and local government initiatives internalizing international human rights norms in the society pushed forward the development of the anti-hate legislation in Japan, which is nevertheless not necessarily leading to the compliance of the international human rights norms or the drastic change of state behavior in substance. This may be a case study of “insufficient acculturalization” which Goodman and Jinks (2008) also suggests in their work as that acculturation often generates shallow, formal reforms that exert little influence on actual state practice and states publicly conform to global norms without privately accepting them.

The study is based on socio-legal analysis with participatory observation of the anti-racism movement and interviews of various actors including related international institutions, law firms, not-for-profit organizations, and government officers. This provides a solid example to explain how international human rights work in practice and can inspire the discussion on the effective implementation of the international human rights law to protect minorities from exclusion in a global context.

About the Speaker:

Ayako Hatano

Ms. Hatano is currently a Ph.D. candidate of the University of Tokyo in the field of international human rights law and development. Her interest is in exploring how international norms become internalized or vernacular particular societies. She holds a B.A. in International Relations, a J.D. and a M.A. in Human Security Studies at the University of Tokyo and an LL.M. from New York University School of Law. She has worked in a global investment banking, Japan’s Ministry of Foreign Affairs, and non-governmental organizations with a focus on the Convention on the Elimination of all Forms of Discrimination Against Women at the United Nations in Geneva. She has also worked in international organizations such as The Hague Conference on Private International Law in the Netherlands, and UNICEF in Sierra Leone focusing on women’s rights and children’s rights. She has engaged in advocacy to protect the human rights of minorities, women and children, with a focus on sustainable development. Her recent research focuses on hate speech and racial discrimination in Asia.

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Apr
18
12:15 PM12:15

Asia Law Weekly: Susan Finder

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Susan Finder
Distinguished Scholar in Residence, School of Transnational Law of Peking University (Shenzhen)

Wednesday, April 18, 2018
12:15-2:00 pm
Wilf Hall 5th Floor Conference Room
139 Macdougal Street
New York, NY 10012
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Susan Finder is the Distinguished Scholar in Residence at the School of Transnational Law of Peking University (Shenzhen). She is a scholar of China's judicial system (in comparative perspective). Her research concentrates the evolution of the role and operations of China's highest court, the Supreme People's Court. Much of her scholarship is published on her blog the Supreme People's Court Monitor. This is Finder's second career in academia, and she comes to STL after twenty years in China-related practice at Freshfields Bruckhaus Deringer (and other firms, in legal publishing, and (briefly) as a securities regulator. In her first academic career (at what is now the City University of Hong Kong), she published the first comprehensive study of the operations of the Supreme People's Court (SPC). She received her undergraduate degree from Yale College, her Juris Doctor degree from Harvard Law School, and a Master of Laws degree from Columbia Law School. 

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Apr
16
12:15 PM12:15

Asia Law Weekly: Sida Liu

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Sida Liu
Assistant Professor of Sociology, University of Toronto
Faculty Fellow, American Bar Foundation
Affiliated Scholar, U.S.-Asia Law Institute, New York University School of Law


Monday, April 16, 2018
12:15-2:00 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
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Sida Liu is Assistant Professor of Sociology at the University of Toronto and Faculty Fellow at the American Bar Foundation. He is also an affiliated scholar of the U.S.-Asia Law Institute at NYU School of Law and the Center on the Legal Profession at Harvard Law School. In 2016-2017, he was a Member of the Institute for Advanced Study in Princeton. Before joining the University of Toronto faculty in 2016, he taught sociology and law at the University of Wisconsin-Madison for seven years and directed its East Asian Legal Studies Center in 2014-2016. He received his LL.B. degree from Peking University Law School and his Ph.D. in sociology from the University of Chicago.

Professor Liu has conducted extensive empirical research on China’s legal reform and legal profession, including the globalization of corporate law firms, the political mobilization of criminal defense lawyers, the feminization of judges, and the career mobility of law practitioners. His most recent research project is on the impact of China’s rise as a global power on the legal professions in Hong Kong and Taiwan. In addition to Chinese law, he also writes on sociolegal theory and general social theory.

Professor Liu is the author of three books in Chinese and English, most recently, Criminal Defense in China: The Politics of Lawyers at Work (with Terence C. Halliday, Cambridge University Press, 2016). He has also published many articles in leading law and social science journals, including the American Journal of SociologySociological TheoryThe China QuarterlyLaw & Society ReviewLaw & Social InquiryLaw & PolicyWisconsin Law ReviewFordham Law Review, etc.  

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Apr
13
6:00 PM18:00

Opening Reception: SUBJECT: China

NYU China House is proud to announce our FIRST EVER photo exhibition - 

SUBJECT: CHINA

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Featuring works by 12 NYU student photographers, the show presents views of China from various styles and perspectives.

Opening reception: 

6:00pm -8:00pm | April 13th

8 Washington Mews

No RSVP Needed

Come join us for some art & light refreshments at our opening reception next Friday! The exhibition runs through May and will be on view at our gallery space located at 8 Washington Mews.

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Apr
11
5:00 PM17:00

Eminent Domain Procedures for State-Owned Land in China

Location:
139 MacDougal Street, Wilf Hall
5th Floor, Room 512
New York, NY, 10012

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Ms. Yan will talk about the development of eminent domain procedures on state-owned land in China over the decades in her presentation. The Regulation on the Expropriation of Buildings on State-owned Land and Compensation of 2011 provides a more specific procedural framework for exercising the power of eminent domain, compared with the old regulations. Based on the analysis of how the Regulation has redistributed the legal rights and obligations of all players in the process of making an eminent domain decision, including administrative departments, developers and property owners, the presentation will also offer a perspective to see how the balance of power between them has changed in China for decades, as well as the emphasis on the functions of procedural law. Ms. Yan will also take a brief look at the urban redevelopment policies in the United States to discuss what can be learned.

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Apr
10
12:15 PM12:15

Asia Law Weekly: Diana Fu

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Diana Fu
Assistant Professor of Political Science, The University of Toronto
Affiliate of the Munk School of Global Affairs Asian Institute

Tuesday, April 10, 2018
12:15-1:50 pm
Furman Hall Room 334
245 Sullivan Street
New York, NY 10012
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Diana Fu is an assistant professor of political science at The University of Toronto and an affiliate of the Munk School of Global Affairs Asian Institute. Her research examines the relationship between popular contention, state power, and civil society in contemporary China.  Her book “Mobilizing Without the Masses:Control and Contention in China,” (2018, Cambridge Studies in Contentious Politics Series and Columbia University’s Studies of the Weatherhead East Asia Institute) examines state control and civil society contention under authoritarian rule. Based on two years of ethnographic research that tracks the development of informal labor organizations, the book explores counterintuitive dynamics of organized contention in post-1989 China.

Articles that are part of this broader project have appeared in Governance (2017), Comparative Political Studies (2017), The China Journal (2018), among others.

She graduated with distinction from Oxford University (M.Phil. in Development Studies and D.Phil in Politics), where she studied as a Rhodes Scholar. Prior to joining the department, she was a Walter H. Shorenstein Postdoctoral Fellow at Stanford University.  She was also a Predoctoral Fellow at the Massachusetts Institute of Technology. Her research has been supported by the Harold Hyam Wingate Foundation, the Chiang Ching Kuo Foundation, and the Rhodes Trust.

Her writing and research have appeared in ReutersThe EconomistForeign AffairsThe Washington PostBoston Review, Nick Kristof’s On the Ground Blog (The New York Times), PostGlobal, and Global Brief

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Apr
9
12:15 PM12:15

Asia Law Weekly: Benjamin van Rooij

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Benjamin van Rooij
Professor of Law, University of California, Irvine
John S. and Marilyn Long Professor of U.S.-China Business and Law
Director, UCI Long U.S.-China Institute
Joint appointment in Criminology, Law, and Society, School of Social Ecology


Monday, April 9, 2018
12:15-2:00 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
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Prof. van Rooij’s researches implementation of law in China and comparison. Part of his work addresses how citizens develop grievances and claims and how this shapes the way they mobilize rights. Most of his research centers on how legal rules shape individual and organizational behavior. Here he draws on the broader social and behavioral science to understand the processes of compliance, as well as the assumptions lawyers have about the behavioral effects of law. He uses innovative fieldwork data both to seek improvement to persistent implementation problems as well as to contribute to existing regulatory, criminological and socio-legal theories.

Fields of law studied include environmental law, land law, labor law, food safety law, and taxation. His work has appeared in the The New York Times, The Huffington Post, National Public Radio, Law and Human Behavior, Law & Policy, Law & Social Inquiry, and Regulation & Governance.

Prof. van Rooij has served as an adviser to the U.S. Environmental Protection Agency, the U.S. National Security Council, the Dutch Prime Minister, the Dutch Ministry of Foreign Affairs, and the Dutch Ministry of Housing, Spatial Planning and the Environment.

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Apr
4
3:00 PM15:00

Leading Cases on Hate Speech and Racism in Japan

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 ~A Supreme Court Ruling in Japan and Reflections on Minority Rights from a Comparative Perspective~

Location:
139 MacDougal Street, Wilf Hall
5th Floor, Room 512
New York, NY, 10012

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Ryangok Ku will discuss a recent Japanese Supreme Court ruling in a hate speech case, in which she served as lead counsel on behalf of a Korean ethnic school in Kyoto, who had filed a lawsuit against the Zaitokukai, an anti-Korean,ultra-nationalist organization in Japan. From 2009 to 2010, this group had organized “threatening” demonstrations in front of the elementary school, chanting anti-Korean slogans over loudspeakers, labeling the students "cockroaches" and “the children of North Korean spies.”

The Japanese Supreme Court in 2014 ruled in favor of the Korean school, recognizing that the Zaitokukai activities constituted “racial discrimination,” as defined by an international convention ratified by Japan. The anti-Korean group was ordered to pay high damages.

Ryangok will offer an overview of the legal battles against Japan’s far-right extremist organizations, and discuss the many difficulties faced by hate-speech victims - including the socio-psychological harms of hate speech, as well as the lack of legal protection for Korean and other ethnic minorities who have been increasingly targeted by an emerging tide of demonstrations.

This talk will also offer an overview of Japan's colonial history in the pre-WWII era, and its imperial ventures in Korea, Taiwan, and China, as well as the later diaspora of former colonial subjects in post-war Japan. The presentation will conclude with an analysis of differences between Japan and the U.S. regarding to how to protect minorities how to be remedied in discrimination cases. Also she will provide analysis on racism in Japan and the U.S.

ABOUT RYAKGOKU KU

Ryankok Ku received her J.D in 2008 from Osaka University and registered with the Japan Federation of Bar Associations (JFBA) in 2009. She is a polyglot lawyer in Japan, a native speaker of Japanese and Korean (also intermediate Chinese). She specializes in providing legal services to foreigners and foreign companies including business, immigration, labor, and family law. Ryangok also served as lead counsel of a leading case of hate speech from 2009-2014, and won the Supreme Court decision that affirmed the illegality of racial discrimination. Her recent research focuses on legal systems for addressing hate speech, hate crime and their practical use in the United States.

 

 

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Apr
2
12:15 PM12:15

Asia Law Weekly: Damien Atkins

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Damien Atkins
General Counsel and Secretary of Panasonic Corporation of North America

Monday, April 2, 2018
12:15-2:00 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
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Damien Atkins serves as General Counsel and Secretary of Panasonic Corporation of North America, a leading technology partner and integrator to businesses, government agencies and consumers across the region. The company is the principal North American subsidiary of Osaka, Japan-based Panasonic Corporation and the hub of Panasonic’s U.S. branding, manufacturing, marketing, sales, service and R&D operations. As the company's chief legal officer, Mr. Atkins leads the legal, ethics and compliance, public affairs and lobbying, environmental and product safety functions.

Before joining Panasonic, Mr. Atkins was Senior Vice President and Deputy General Counsel and Chief Compliance Officer of AOL Inc., and he joined AOL from Chadbourne& Parke LLP, where his practice focused on a wide variety of mergers & acquisitions, capital markets and securities law matters.

Mr. Atkins was selected as the General Counsel of the Year by the New Jersey Business Journal and Corporate Counsel of the Year by the Metropolitan Black Bar Association. In addition, he was selected as one of the Top 100 Most Influential Blacks in Corporate America by Savoy Magazine and as the Corporate Governance Professional of the Year by Corporate Secretary magazine.

Mr. Atkins is currently on the board of directors of the Minority Corporate Counsel Association, Habitat for Humanity Newark and is a member of the Rutgers University Center for Corporate Law and Governance advisory board, and he graduated from New York University School of Law and holds a bachelor's degree from Stanford University.
 

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Mar
30
12:15 PM12:15

Asia Law Weekly: ICJ Judge Xue Hanqin

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Xue Hanqin
Judge and Vice President, International Court of Justice, The Hague, Netherlands
Professor of International Law, Wuhan University School of Law, China

Friday, March 30, 2018
12:15-1:50 pm
Furman Hall Room 216
245 Sullivan Street
New York, NY 10012
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Judge Xue Hanqin is currently a Judge and the Vice President of the International Court of Justice.  She is also a Professor of International Law of Wuhan University School of Law since 2008.  Before elected to the ICJ, Judge Xue served as Deputy Director-General and Director- General, Law and Treaty Department of the Ministry of Foreign Affairs of China (1994-2003), and she was posted to The Hague as the Ambassador of China to the Kingdom of the Netherlands and Permanent Representative to the Organization on the Prohibition of Chemical Weapons (2003-2008).  She also was appointed as the first Ambassador of China to ASEAN, LegalCounsel of the Foreign Ministry of China (2008-2010).

Judge Xue has published numerous articles and books on international law, both in Chinese and English. Among her English works are Transboundary Damage in International law, (Cambridge University Press, 2003), Chinese Contemporary Perspectives on International Law—history,culture and international Law(Summer Courses, Hague Academy of International Law, Brill, 2011), Jurisdiction of the International Court of Justice (Summer Courses, Xiamen Academy of International Law, Brill, 2017).

 

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Mar
28
2:30 PM14:30

The Influence of Media Reports on Fair Trials in Taiwan

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Location:
139 MacDougal Street, Wilf Hall
5th Floor, Room 512
New York, NY, 10012

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In 2017, Taiwan was ranked first in Asia on the World Press Freedom Index released by Reporters Without Borders. At the same time, only 32.8% of Taiwanese have faith in the legal system according to Global Views Research. In its defense, the Taiwanese government claims that public press release not only hampers the ability to solve criminal cases but also influences the public opinion. In this presentation, Visiting Scholar Yihsien Wu will talk about the status of media in Taiwan, the application of Principle of Secret Investigation and what could be learned from the United States in this area.  

 

About Yihsien Wu

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Yishien Wu graduated from National Chung Cheng University in 2004, and has been a Taiwanese prosecutor for seven years, specializing in criminal law and criminal procedure. She initially worked in investigations, primarily in domestic and child abuse, disaster fraud, and environmental crimes. Later, she transferred to the Public Prosecutor Department. There, she was responsible for high profile cases, such as those dealing with political corruption, corruption within the judicial system itself, and insider trading. At the U.S.-Asia Law Institute, she will focus on the relationship between the media and judicial systems, particularly researching the correlation between freedom of the press and the principle of secret investigation and how this correlation may or may not affect trial outcomes in the U.S. 

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Mar
28
12:15 PM12:15

Asia Law Weekly: Alison W. Conner

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Alison W. Conner
Director of International and Graduate Programs, William S. Richardson School of Law, University of Hawai`i at Mānoa
Professor of Law, William S. Richardson School of Law, University of Hawai`i at Mānoa


Wednesday, March 28, 2018
12:15-2:00 pm
**Wilf Hall 5th Fl. Conference Room**
139 Macdougal Street
New York, NY 10012
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Alison Conner is Professor of Law and Director of the International and Graduate Programs at the Richardson School of Law.  She taught at the National University of Singapore Faculty of Law and the University of Hong Kong for eleven years before joining the University of Hawai`i in 1995.  She has also taught at Nanjing University and Tsinghua University as a Fulbright Professor and at Tongji University in Hawaii’s study abroad program.  In 2016 she was a visiting scholar at the National Taiwan University and then returned to HKU for a semester as a visiting fellow.
 
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.  She has written about divorce in Chinese movies (“Don’t Change Your Husband”), critiques of the legal system in early movies (“Movie Justice”), a late 1940s lawyer-hero (“The Lawyer Who Haunts Us: Yin Zhaoshi and the Bright Day”), trials in Xie Jin’s movies (“Images of Justice and Injustice”), Raj Kapoor’s popular movie (“Trials and Justice in Awaara: A Postcolonial Movie on Post-Revolutionary Screens”), along with a 1980 example of scar cinema that stresses the importance of law (“Law and Justice in Evening Rain”).

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Mar
26
12:45 PM12:45

Asia Law Weekly: He Jiahong

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He Jiahong
Professor of Law, Remin University, China
Author of Back from the Dead: Wrongful Convictions and Criminal Justice in China


Monday, March 26, 2018
12:15-2:00 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
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Professor He Jiahong is a Professor of Law at Renmin University, China. He is also a Director of the Center for Anti-Corruption and Rule of Law, Director of the Center for Common Law, Director of the Center for Wrongful Conviction Study, and Director of the Institute of Evidence at the Law School of Renmin University, China. Professor He was a former Deputy Director-General of Department of Dereliction of Duties and Infringements of Human Rights of the Supreme People’s Procuratorate, PRC (2006-2008) and has been a Member of the Ethics Committee of Federation International of Football Association (FIFA) since 2017.

He also has published dozens of law books and five crime novels in Chinese. His law book, Back from the Dead: Wrongful Convictions and Criminal Justice in China, has been published in English, French, German, Hebrew, Spanish, and Portuguese, and his crime novels have been published in French, Italian, Spanish, and English. His new book on evidence law, Methodology of Judicial Proof and Presumption, was published in English by Springer in March 2018, and he received his SJD degree at Northwestern University (1993).

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Mar
19
12:15 PM12:15

Asia Law Weekly: Stephen A. Orlins

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Stephen A. Orlins
President, National Committee on U.S-China Relations

Monday, March 19, 2018
12:15-2:00 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
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Steve Orlins has been president of the National Committee since 2005. Prior to that, he was the managing director of Carlyle Asia and the chairman of the board of Taiwan Broadband Communications, one of Taiwan's largest cable television and high speed internet providers. Prior to joining Carlyle, Mr. Orlins was a senior advisor to AEA Investors Inc., a New York based leveraged buyout firm, with responsibility for AEA's business activities throughout Asia.

From 1983 to 1991, Mr. Orlins was with the investment banking firm of Lehman Brothers where he was a Managing Director from 1985 to 1991. From 1987 to 1990, he served as President of Lehman Brothers Asia. Based in Hong Kong, he supervised over 150 professionals with offices in Hong Kong, Korea, China, Taiwan, Thailand, Manila and Singapore. Prior to joining Lehman Brothers, Mr. Orlins practiced law with Coudert Brothers and Paul, Weiss, Rifkind, Wharton & Garrison in New York, Hong Kong and Beijing.

From 1976 to 1979, Mr. Orlins served in the Office of the Legal Advisor of the United States Department of State, first in the Office of the Assistant Legal Advisor for Political-Military Affairs and then for East Asian and Pacific Affairs. While in that office, he was a member of the legal team that helped establish diplomatic relations with the People's Republic of China.

Mr. Orlins is a magna cum laude graduate of Harvard College and earned his law degree at Harvard Law School. He speaks Mandarin Chinese and is a member of the Council on Foreign Relations.

In 1992, Mr. Orlins was the Democratic nominee for the United States Congress in New York's Third Congressional District.

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Mar
7
2:30 PM14:30

Introduction to the Legal System of Japan

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Introduction to the Legal System of Japan

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Seigo Onishi
Judge, District Court - Tokyo

In this presentation, Onishi will introduce to the legal system of Japan from the Japanese judge’s point of view and examine the legal system of the U.S. by comparing the Japanese system. Onishi has worked as an assistant judge at the Tokyo District Court in Japan since 2013. He has handled mainly civil cases and administrative cases. This presentation will consist of four topics; the judicial system, justices and judges, judicial proceedings, and participation of citizens in the judiciary. Through this presentation, he will introduce the realities of Japanese judges and courts in the light of his experience.

Location:
139 MacDougal Street, Wilf Hall
5th Floor, Room 512
New York, NY, 10012

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About Seigo Onishi: 

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eigo Onishi has worked as a judge at the Tokyo District Court since 2013. His background is in complex civil and administrative cases. He received his LL.B. and J.D. degrees from Kyoto University. Onishi was sent to the United States by the Supreme Court of Japan as a member of the Japanese Government Long-Term Overseas Fellowship Program of the National Personnel Authority. Subsequently, he attained an LL.M. degree from Cornell Law School. During his time at the U.S.-Asia Law Institute, his research will focus on the relationship between complicated civil cases and civil juries.

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Mar
5
12:15 PM12:15

Asia Law Weekly: Xiumei Wang

Xiumei Wang

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Professor of Criminal Law, College for Criminal Law Science of Beijing Normal University (CCLS of BNU)
Executive Director, Research Center on International Cooperation Regarding Persons Sought for Corruption and Asset Recovery in G20 Member States ("G20 Centre")

Monday, March 5, 2018
12:15-2:00 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
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Professor Xiumei Wang has played a pivotal role in creating, directing and promoting anti-corruption practices and protocols in her role both as an academic and government advocate. She was the first person in China to get a doctorate in international criminal law; the first to initiate cooperation between a Chinese university and the UN focusing on anti-corruption; and is recognised for her strong research background and applied experience.

Wang is a Professor of Criminal Law at the College for Criminal Law Science of Beijing Normal University (CCLS of BNU) and is an Executive Director of the Research Center on International Cooperation Regarding Persons Sought for Corruption and Asset Recovery in G20 Member States (“G20 Centre”), and actively promoted the establishment of the G20 center as a think-tank.

She was also a Deputy Chief Prosecutor at People’s Procuratorate of Fang Shan District of Beijing and since 2017 has been a part-time Deputy Chief Judge at Supreme People’s Court of The People’s Republic of China.

Wang has worked for more than 20 years on the internationalisation of national criminal law and has been heavily involved in the amendment of Chinese Criminal Law since 1997. In addition, she has submitted academic suggestions on national implementation of the United Nations Convention against Corruption (UNCAC).

Since Prof. Wang Xiumei was invited to become a member of the United Nations Office on Drugs and Crime (UNODC) Anti-Corruption Academic Initiative (ACAD), she has worked on the outline of global anti-corruption efforts and promoted awareness of anti-corruption education in China. With her significant efforts, her university, Beijing Normal University (BNU) has signed an MoU with the United Nations to set up a programme at BNU to carry out an anti-corruption course, and  the College for Criminal Law Science of Beijing Normal University has set up a master’s programme and educated students focusing their career on anti-corruption. This programme has educated more than 400 hundred students and is the first Chinese university to incorporate anti-corruption education in the university degree system.
 

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Feb
28
4:30 PM16:30

University of Pennsylvania: How the Chinese Communist Party Has Struggled with Managing Public Opinion and the Administration of Criminal Justice in the Internet Age

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Ira Belkin
Executive Director, U.S.-Asia Law Institute

Wednesday, February 28, 2018
4:30PM
CSCC Conference Room, Fisher-Bennett 345

It is common in the United States and other societies for the public to focus on how justice should be served in individual cases and, occasionally, even to take to the streets to demand or protest a particular outcome.  How have the Chinese Communist Party and the Chinese government addressed this phenomenon? This talk addresses this issue by examining cases that led up to a policy change in 2008 that directed courts to “follow public opinion” in certain cases to preserve “social stability,” and cases that followed that policy change. This talk questions whether such a policy, and its implementation, promote or undermine China’s decades-long project to establish a society under the rule of law.

Ira Belkin is the Executive Director of the U.S.-Asia Law Institute at New York University Law School. Belkin previously served as a program officer at the Ford Foundation in Beijing, where he worked on law and rights issues. He served two tours at the U.S. Embassy in Beijing and has been a federal prosecutor and a fellow at the Yale Law School China Law Center. Belkin also taught Chinese language at Middlebury College.

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