Dec
7
8:30 AM08:30

8th Annual NYU Conference on Chinese Capital Markets

Register here.

Event Program

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

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Dec
3
12:15 PM12:15

Asia Law Weekly: David Barboza

David Barboza

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Monday, November 26, 2018
12:15-1:50 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
RSVP Here

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.

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Nov
26
12:15 PM12:15

Asia Law Weekly: Jacques deLisle

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Jacques deLisle

Monday, November 26, 2018
12:15-1:50 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
RSVP Here

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.

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Gelatt Dialogue: East Asia, America & International Law
Nov
19
9:00 AM09:00

Gelatt Dialogue: East Asia, America & 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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Nov
12
12:15 PM12:15

Asia Law Weekly: Mark Cohen

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Mark Cohen

Monday, November 12, 2018
12:15-1:50 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
RSVP Here

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.

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Nov
7
12:15 PM12:15

Asia Law Weekly: Sherry Broder

 Photo: Sherry Broder

Photo: Sherry Broder

Sherry Broder
Attorney at Law

Wednesday, November 7, 2018
12:15-1:50 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
RSVP Here

Sherry P. Broder concentrates in complex civil litigation, constitutional law, human rights, and rights of Native Hawaiians and other indigenous people, appellate practice, international law, ocean law, water rights, and environmental law. She also regularly serves as a mediator, arbitrator and hearings officer. She has been appointed an arbitrator and consultant in international ocean law matters. Ms. Broder has been a consultant to the Foreign Ministry for the Republic of Turkey and United Nations Permanent Mission of the Federated States of Micronesia. Ms. Broder graduated in 1970 from Wellesley College as a Wellesley Scholar and in 1975 from U.C. Berkeley Law School with highest honors, Order of the Coif (top 10%).

She was the first woman President of the Hawai`i State Bar Association and 2016 President of the Federal Bar Association for the District of Hawai`i. She also been the President of Hawaii Women Lawyers and Hawaii Women Lawyers Foundation. She is currently the Chair of the Commission on Clean Water and Natural Lands, City and County of Honolulu. Ms. Broder teaches Public International Law and International Ocean Law at the William S. Richardson School of Law, University of Hawai`i at Mānoa. She is the Director of the Jon Van Dyke Institute of International Law and Justice and a Senior Adjunct Research Associate at the East-West Center.

Ms. Broder serves as counsel for the 9,500 victims of torture during the dictatorship of Philippine President Ferdinand Marcos and with the team won a $2 billion verdict, believed to be one of the largest personal injury verdicts in U.S. history. This case has been presented as a case study in many International Law textbooks, showing the development of human rights law.

Ms. Broder represented Hawai`i consumers and achieved a multi-million-dollar settlement and established a non-profit with the settlement funds that has sponsored epidemiological studies of the exposed children of Hawai`i and educational materials on environmental contamination of food supplies.

Ms. Broder has worked on international litigation, being appointed arbitrator and lawyer in maritime law disputes, participating in writing briefs filed by NGOs with the International Tribunal for the Law of the Sea, advisor on secession issues, among other things.

She was the Deputy Chief Attorney at the 1978 Hawai`i Constitutional Convention assigned to the Hawaiian Affairs Committee. She drafted the constitutional provisions 2 creating the Office of Hawaiian Affairs, an agency for the benefit of native Hawaiians. She was the attorney for the 1982 Charter Commission for the City & County of Honolulu and the legislative analyst for the 2011-2012 Maui Charter Commission. She has represented clients in litigation in the Hawai`i, California, and New York state courts, several federal circuit courts, United States Supreme Court, and the courts of the Philippines, Switzerland and Singapore.

She has been in Best Lawyers in America for over 20 years (Woodward/White publishers) and a Super Lawyer of Hawai`i. She was selected Finalist -Trial Lawyer of the Year Award 1994, 1995, and 1997, 1992 Solo Practitioner of the Year by the ABA, 2015 Solo and Small Firm Lifetime Achievement Award, by the ABA, and Cox Price Human Rights Awardee from the University of Denver Law School in 2007.

Ms. Broder is Director, Secretary and member of the Finance Committee of the Sam L. Cohen Foundation with assets of over $40,000,000 in Maine, board member of the a member of the board of the East-West Center Foundation, Ved Nanda Center for International and Comparative Law at University of Denver Sturm School of Law, Kaleleonalani Foundation, dedicated to the preservation and revival of Native Hawaiian culture, PowerPacPlus, and Protect Our Defenders, a national organization providing free legal services specifically for survivors of sexual assault and sexual harassment in the military. She serves on the Hawai`i State Bar Association Nominating Committee for the Hawai`i Supreme Court and is a Hearings Officer for the Office of Disciplinary Counsel, Hawai`i Supreme Court.

Her recent publications include: The LOSI in Hawai`i: Ocean Law and Policy Debates, 1977-96, Ocean Law Debates, THE 50-YEAR LEGACY AND EMERGING ISSUES FOR THE YEARS AHEAD, Scheiber, Oral and Kwon (eds.) (2016); GOVERNING OCEAN RESOURCES, A TRIBUTE TO JUDGE CHOON-HO PARK edited by Jon Van Dyke, Sherry P. Broder, Seokwoo Lee, Jin-Hyun Paik, Martinus Nijhoff Publishers (2013); Responsibility and Accountability for Harm Caused by Nuclear Activities, 35 U. Haw. L. Rev. 575 (2013), Straits Used For International Navigation And Emerging Norms Of Customary International Law To Protect The Environment And Human Health And To Improve Safety, Ocean University, Qingdao, China School of International Ocean Law (2013), Geoengineeering: Ocean Iron Fertilization and the Challenges for International Regulatory Action, in REGIONS, INSTITUTIONS, AND LAW OF THE SEA: STUDIES IN OCEAN GOVERNANCE, (2013), Shipping Industry and the Imperative to Reduce Its Air Pollution and Black Carbon Emissions, in THE REGULATION OF INTERNATIONAL SHIPPING: INTERNATIONAL AND COMPARATIVE PERSPECTIVES: ESSAYS IN HONOR OF EDGAR GOLD, edited by Aldo Chircop, Norman Letalik, Ted L. McDorman, Susan Ralston, Martinus Nijhoff Publishers (2012), Particularly Sensitive Sea Areas; Protecting The Marine Environment In The Territorial Seas And Exclusive Economic Zones, 40 Denv. J. Int’l Law & Pol’y 472 (2012), Regional Maritime Cooperation in the South China Sea: COBSEA and PEMSEA, MAJOR LAW AND POLICY ISSUES IN THE SOUTH CHINA SEA, EUROPEAN AND AMERICAN PERSPECTIVES, edited by Yann-huei Song and Keyuan Zou, Ashgate Publishing Ltd. (2014).
 

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Nov
6
3:00 PM15:00

Dr. Yao Yunzhu - China-US Military Relations: From Partners to Competitors?

The US-Asia Law Institute, in collaboration with the China-U.S. Exchange Foundation and NYU’s Office of the Provost, invite you to join us for the 2018 China-U.S. Forum at NYU, an evening with Dr. Yao Yunzhu, a retired Major General of the Chinese People’s Liberation Army, Director Emeritus of the Center on China-American Defense Relations, and a senior advisor to the China Association of Military Science.

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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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Oct
29
6:00 PM18:00

ChinaFile Presents: The Situation in Xinjiang


Over the past roughly six months, major international newspapers, scholars, and advocacy organizations have documented a campaign by China’s government to “transform” local ethnic Muslim populations in the far western region of Xinjiang. The campaign, which builds off of long-standing policies of policing and control of the local Uighur population, has escalated dramatically and now include surveillance of unprecedented scope and scale, a program of forced home visits for millions of the region’s Muslim residents, the almost complete prohibition of Islamic religious practice and Uighur cultural activity, and the incarceration of up to a million people in prison camps.  

What is the latest reporting on the subject? Why is the campaign happening? How do Chinese officials explain these policies and what they seek to accomplish? And what is the international community doing in response —  especially as it becomes increasingly clear that Beijing’s pressure tactics and threats don’t stop at China’s borders, but are levied against foreign citizens living in other countries?

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Oct
29
12:15 PM12:15

Asia Law Weekly: Takashi MARUTA

Professor Takashi Maruta, Professor Emeritus at Kwansei Gakuin University Law School, obtained his LL.M. Degree from the University of Michigan Law School by the Fulbright graduate student grant as well as Ph.D. from Kwansei Gakuin University and has been visiting scholar at Harvard Law School and Columbia Law School.  He has taught Japanese Law at Michigan Law School, the University of Hawaii School of Law and Sussex University Law Centre of Sussex, England.  He is known as a leading scholar of the jury systems and an advocate and pathfinder in institutionalizing civil participation in Japanese criminal procedure, Saiban-in Seido fourteen years ago. He is also a Bengoshi (attorney) practicing both criminal trials and civil disputes in Kobe, Japan.  His research interests include comparative legal system, civil and criminal jury system, and legal theory. He has struggled to discover what legal system can promote and realize a fair and democratic society and achieve fundamental human rights. He has published several books on the jury system and numerous amount of articles in Japanese and his most recent English book is: Japan and Civil Jury Trials: The Convergence of Forces (with Matthew Wilson and Hiroshi Fukurai; Edward Elgar Publishing, 2015).

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Oct
25
6:15 PM18:15

(Columbia University) Korematsu V. U.S.: Japanese Internment Cases from Incarceration to the Travel ba

In 1943 and 1944 the U.S. Supreme Court upheld the military orders that forced over 120,000 Japanese Americans into American incarceration camps. It took almost 40 years to overturn the convictions of Fred Korematsu and others who violated the orders with the "smoking gun" evidence of governmental misconduct. In 2018 the Supreme Court repudiated its decision in Korematsu while approving President Trump's controversial travel ban.

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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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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
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
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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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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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

RSVP Here

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
RSVP Here


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

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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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