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".
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.
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.
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.
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.”
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.
Rowena Xiaoqing He is Assistant Professor of History at St. Michael’s College. Born and raised in China as a member of the "Tiananmen Generation," He moved to Canada in 1998, where she received her Ph.D. from the University of Toronto. In addition to her work at St. Michael’s University, she has spent time at Harvard University’s Fairbank Center, where her seminars on the Tiananmen Movement have earned her a Certificate of Teaching Excellence for three consecutive years.
Professor Tokunaga will discuss where the difference between Japan and the United States in regards to the expert witness system and the impact of forensic science in the criminal procedure.
Mr. Ren Ito is a diplomat, scholar, and social entrepreneur. He joined the Japanese Foreign Service in 2001, and has held key positions in Tokyo and Washington D.C. for 15 years. Ren’s current research focuses on the strategic implications of the maritime disputes in the South China Sea and the East China Sea, and how Japan, the US and China view sovereignty and international law of the sea.
Hugh Scogin has taught at the University of Southern California School of Law, NYU School of Law and Yale Law School. His courses have included Corporations, International Business Transactions, Chinese Law, Japanese Law, Chinese Legal History and Introduction to Civil Law Systems.
Asia Law Weekly: Frank Upham
Monday, January 28
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
About the Speaker
Frank Upham teaches first-year Property, law and development, and a variety of courses and seminars on comparative law and society with an emphasis on East Asia and the developing world. He was the faculty director of the Global Law School Program from 1997 to 2002 and is the founder and co-faculty director of the Global Public Service Law Project, which brings activist lawyers primarily from the developing world for an LLM in Public Service Law.
Upham graduated from the Woodrow Wilson School of Public and International Affairs at Princeton University in 1967 and Harvard Law School in 1974. From 1967 to 1970, Upham taught in the Department of Western Languages at Tunghai University in Taichung, Taiwan, and was a freelance journalist in Vietnam, Cambodia, and Laos, covering the war for Time, Sports Illustrated, and other publications. Before moving to NYU in 1994, he had taught at Ohio State, Harvard, and Boston College law schools.
Upham has spent considerable time at various institutions in Asia, including as a Japan Foundation Fellow and Visiting Scholar at Doshisha University in 1977, as a research fellow of the Japan Society for the Promotion of Science at Sophia University in 1986, and as a visiting professor at Tsinghua University in Beijing in 2003. He speaks Chinese and French, as well as Japanese. His scholarship has focused on Japan, and his book Law and Social Change in Postwar Japan received the Thomas J. Wilson Prize from Harvard University Press in 1987. The book is generally viewed as the standard reference for discussions of Japanese law and its social and political role in contemporary Japan. More recently, he has begun researching and writing about Chinese law and society and about the role of law in social and political development more generally.
In 1999, Upham founded the Global Public Service Law Project, which he continues to co-direct with Professor Holly Maguigan. The project was inspired by Upham’s realization, gained by working with both Japanese and American environmental and human rights lawyers, that there were very few institutional opportunities for activist lawyers throughout the world to learn from each other and to form the professional networks that are common for global commercial lawyers. This isolation is particularly acute for activist and public interest lawyers in the Third World. The project addresses this need by bringing up to 15 such lawyers to NYU each year, where they learn from each other, the rest of the student body, and the faculty before returning to their practices with the additional resources and training necessary to be more effective on the global stage.
Asia Law Weekly: Dan Guttman
Wednesday, January 23
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
About the Speaker
Dan Guttman is a teacher and lawyer and has been a public servant. Following two years (2004-6) as a Fulbright scholar in China (teaching/co-teaching courses in law, public policy, China-US relations, environment at Peking, Tsinghua, Shanghai Jiao Tong, Fudan and Nanjing Universities) he works with colleagues in China, the US and other countries developing educational programs, and practices law as of counsel to Guttman, Buschner & Brooks.
His China work with colleagues has included development and teaching/coteaching courses in comparative law, China/US relations, environment governance and public management/public policy; research and writing (including Chinese language textbooks on comparative public interest law, China environmental governance and comparative environmental law, co-editor of Peking University press series on U.S. society, and articles on comparative environmental governance, comparative cyberfinance regulation, comparative public management); co-organizer with University of California Professor Oran Young and China colleagues of ongoing comparative environmental governance workshop and writing network, assistance in development of centers and programs addressing law, China/US relations and environment; participation as faculty in environmental law training programs; service as UNDP and EU China Environmental governance foreign expert on environmental law/governance.
2018 activities included publications with colleagues on non state actors and China environmental governance (as part of environmental governance network) and on cyberfinance regulation (as part of Shanghai based cyberfinance law research team); co-organizer of Shanghai Forum day of workshops on green trade governance; participation as faculty in Environmental Law Institute/China Environmental Protection Forum environmental law trainings of judges, prosecutors, police and ngo staff; co-organizer of Shanghai Forum workshops on green trade governance; assistance (as Tianjin Law professor) to Tianjin University law school in development of cooperation with universities in India, Australia, and U.S.; co-organizer (as part of environmental governance network) of workshops at Tsinghua and Shanghai Institutes for International Studies; participant as speaker/presenter in programs at Peking University, China Academy of Sciences, Tsinghua, Fudan, City University of Hong Kong, Shanghai Jiao Tong/University of Edinburgh low carbon college, East China University of Political Science and Law, the Central Party School, PACE ( Association of China Environmental experts) annual conference; participation in Nanjing University directed UNEP multiyear research program on China environmental governance reform; co-author with Duke Kunshan University colleague of evaluation of US/China Asia Law Partnership.
8:30 – 09:00 Registration and Breakfast
9:00 – 09:15 Opening Remarks
David Denoon, Professor of Politics & Economics, and Director of Center on U.S.-China Relations, NYU
9:15 – 10:30 Panel 1: U.S.-China Trade Issues
Jeffrey Shafer, Moderator Principal, JRSHAFER INSIGHT
Christopher K. Johnson, Senior Adviser & Freeman Chair in China Studies, Center on Strategic & International Studies
Ho Fung Hung, Wiesenfeld Professor in Political Economy, Johns Hopkins University
Brad W. Setser, Tananbaum Senior Fellow for International Economics, Council on Foreign Relations
10:30 – 10:40 Coffee Break
10:40 – 11:50 Panel 2: Financial Reform and RMB Liberalization
Kim Schoenholtz, Moderator Professor of Management Practice & Director of the Center on Global Economy and Business, NYU Stern School of Business
Zhiguo He, Professor of Finance and Faculty Director of Fama-Miller Center, Booth School of Business, University of Chicago
Damien Ma Fellow & Associate Director of the Think Tank, Paulson Institute, Adjunct Lecturer on Global Management, Kellogg School, Northwestern University
Scott Morris Senior Fellow, Director of the US Development, Policy Initiative, Center for Global Development
12:00 – 13:00 Luncheon
13:00 – 13:30 Keynote Interview
William Kirby Chang Professor of China Studies, Professor of Business Administration, Harvard Business School, and Harvard University Distinguished Service Professor
13:30 – 13:40 Coffee Break
13:40 – 14:50 Panel 3: Made in China 2025 and Intellectual Property
Francis Zou Moderator, Partner, White & Case LLP
Evan S. Medeiros Penner Family Chair in Asian Studies, and Cling Family Senior Fellow in US-China Relations, Walsh School of Foreign Service, Georgetown University
Mark Wu Stimson Professor of Law, Harvard Law School, Mary Lovely Professor of Economics, Maxwell School, Syracuse University
14:50 – 15:30 Concluding Reception
Monday, November 26, 2018
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
David Barboza’s previous appearance in our lunch series was surely one of the greatest we have had, and he had such a good time that he actually asked to come back. Mr. Barboza is a correspondent for The New York Times, based in New York.
In 2013, Mr. Barboza was awarded the Pulitzer Prize for International Reporting “for his striking exposure of corruption at high levels of the Chinese government, including billions in secret wealth owned by relatives of the prime minister, well documented work published in the face of heavy pressure from the Chinese officials.” He was also part of the team that won the Pulitzer Prize for explanatory reporting.
Mr. Barboza was a freelance writer and a research assistant for The New York Times before being hired in 1997 as a staff writer. For five years, he was the Midwest business correspondent based in Chicago. From 2008 to 2015, he served as the paper’s Shanghai bureau chief.
Mr. Barboza won two awards in The Society of American Business Editors and Writers (SABEW) 2007 Best in Business Journalism Contest, one for a New York Times article, "A Chinese Reformer Betrays His Cause, and Pays.” He was also part of the team that won the 2008 Grantham Prize for environmental reporting for the series "Choking on Growth: China’s Environmental Crisis." In 2002, he was part of a team that was named a finalist for a Pulitzer Prize for coverage of the Enron scandal.
In 2008, Mr. Barboza won The Times’s internal business award, the Nathaniel Nash Award. He has twice won the Gerald Loeb Award for business reporting. Mr. Barboza graduated from Boston University with a bachelor’s degree in history and attended Yale University Graduate School.
Monday, November 26, 2018
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
Jacques deLisle’s research and teaching focus on contemporary Chinese law and politics, including: legal reform and its relationship to economic reform and political change in China, the international status of Taiwan and cross-Strait relations, China’s engagement with the international order, legal and political issues in Hong Kong under Chinese rule, and U.S.-China relations. His writings on these subjects appear in a variety of fora, including international relations journals, edited volumes of multidisciplinary scholarship, and Asian studies journals, as well as law reviews. DeLisle is also professor of political science, director of the Center for East Asian Studies at Penn, deputy director of the Center for the Study of Contemporary China and director of the Asia Program at the Foreign Policy Research Institute. He has served frequently as an expert witness on issues of P.R.C. law and government policies and is a consultant, lecturer and advisor to legal reform, development and education programs, primarily in China.
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.
Monday, November 12, 2018
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
Mark Cohen is Lecturer in Law, Distinguished Senior Fellow and Director of the Berkeley Center for Law and Technology Asia IP Project. Among his responsibilities, he teaches Chinese intellectual property law and international trade at Berkeley Law. Prior to this position he served as Senior Counsel to the USPTO leading its 21-member China team, as a Visiting Professor at Fordham Law School and a Director of International IP Policy at Microsoft Corporation, amongst other positions.
In total, Mark has over 30 years private, public sector, in-house, and academic experience in intellectual property, with a focus on technology trade and monetizing intellectual property. Among his professional accomplishments have been helping to create the US-China IP Experts “Track II” Dialogue between the US Chamber of Commerce and China; serving as the first IP attaché posted from the USPTO to a foreign country; creation of the US-China IPR Working Group under the former Joint Commission on Commerce and Trade; teaching the first China IP class at a North American University; and identifying and supporting the only two IP-related complaints filed against China at the WTO.
Mark serves as the webmaster of the blog www.chinaipr.com, and has co-authored the books “China Intellectual Property Law and Practice” and “Anti-Monopoly Law and Practice in China” and many monographs. He is also a recipient of many awards, including the Presidential Merit Award from the White House, the IP Champion award from the US Chamber of Commerce, the IP Trailblazer Award from the National Law Journal, the Distinguished Foreign Service Award from the Pharmaceutical Research Manufacturers Association, and a Gold Medal award from the Secretary of Commerce for promoting protection of intellectual property rights through rule of law.
Foreign Service Officer Award; November 2004 - United States Department of Commerce, Gold Medal Award “for promoting effective protection and enforcement of intellectual property rights in China through rulDistinguished Foreign Service Officer Award; November 2004 - United States Department of Commerce, Gold Medal Award “for promoting effective protection and enforcement of intellectual property rights in China through rule of law”
He holds a J.D. degree from Columbia University, an M.A. from the University of Wisconsin (Chinese language), and a B.A. from the State University of New York at Albany (Chinese studies). Mark is admitted to the District of Columbia Bar.