Feb
25
12:15 PM12:15

Asia Law Weekly: Rowena He

Rowena Xiaoqing He teaches at Harvard University, where her seminars on the Tiananmen uprising have earned her a Certificate of Teaching Excellence for three consecutive years. He’s research interests focus on political socialization, citizenship, human rights, and democratization in China. Born and raised in China as a member of the “Tiananmen generation,” she moved to Canada in 1998, where she received her Ph.D. from the University of Toronto. 

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Feb
27
2:30 PM14:30

Empirical Research on In-Court Judgement Pronouncement in Criminal Cases in China

Empirical Research on In-Court Judgement Pronouncement in Criminal Cases in China

About the Presentation

In Chinese Criminal Procedure, all judgments are declared publicly. There are two legal approaches to declare judgment: (1) “Declaring judgment on trial day” (Dangtingxuanpan), in which the court will announce result of conviction and sentencing with brief reason swiftly after trial, and (2) “declaring judgment on fixed day after trial day” (Dingqixuanpan), which indicates that court will announce entire judgment on fixed day after trial day.

Chinese Supreme People’s Court has been advocating judgment declaration on trial day among criminal cases since 1998, for purposes of promoting judicial transparency, efficiency and so on. Furthermore, this approach has been utilized as one measure to promote substantialization of court trial in the reform of making court trial the center in criminal procedure since 2014.

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.

About the Speaker:

Ms. Weijing Huang is currently a Ph.D. candidate of the Sun Yat-sen University School of Law, where she also obtained her Bachelor’s Degree in law in 2014 and Master’s Degree in Procedure Law in 2016. Her current research focuses on criminal procedure law and judicial system. She has been working as a research assistant in Sun Yat-sen Reform of the Judicial System Research Center since 2016, where she participated in a number of empirical research projects focusing on evaluation and improvement of judicial reform in China especially in Guangdong Province, and she has published several academic papers in terms of false dispute actions and time limitation on civil procedural evidence submission in China. She has also worked as the 1st executive chief editor of Sun Yat-sen Youth Law Review, the teaching assistant of Criminal Moot Court Course for LL.M. students in Sun Yat-sen Law School and the administrative staff in Sun Yat-sen Legal Clinic. During her time at the U.S.-Asia Law Institute, she will focus on the research on the governance transition of judicial confidence in China since 1978.

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Mar
4
12:15 PM12:15

Asia Law Weekly: Michael Davis

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.”

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Mar
6
2:30 PM14:30

A Comparative Analysis of a Foreign Worker’s Status in China and the U.S.

A Comparative Analysis of a Foreign Worker’s Status in China and the U.S.

About the Speaker

Zhe Huang is an immigration lawyer in New York and a researcher of Chinese property law. She received her SJ.D degree from University of Wisconsin Law School in 2015. Her research at Wisconsin focused on the social responsibilities of property rights on state-owned and collective-owned land in China. Her work has appeared in several U.S. and foreign journals. She received her LL.M from Shanghai Jiao Tong University Law School in 2010. Her research interests at the U.S.-Asia Law Institute are the nature of migrant workers’ status and the rights to live and work.

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Mar
13
2:30 PM14:30

Why is Data Protection Law Important for China? In the Case of Social Credits System

Why is Data Protection Law Important for China? In the Case of Social Credits System

About the Presentation

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. 

About the Speaker

Dr. Sun Ping is an Associate Research Professor at the Center for Rule of Law in China, East China University of Political Science and Law. Dr. Sun graduated from Law School of Shanghai Jiao Tong University in 2009, where he received a Ph.D. in constitutional law. Dr. Sun’s research focuses on constitutional law, comparative law, fundamental rights, human dignity, right to personality, right to privacy and data protection, and freedom of expression. His current research centered mainly on defamation law and freedom of speech, the social credits system and data protection, human dignity and person in the constitutional law. As a grantee of U.S.-China Fulbright Visiting Scholar Program 2018-2019, he will conduct a research on how China should learn from the involvement of the First Amendment with a comparative theory on defamation law.

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Mar
27
2:30 PM14:30

Corporate Financial Crime in U.S. and Korea – with Focus on Accounting Fraud

Corporate Financial Crime in U.S. and Korea – with Focus on Accounting Fraud

Presentation

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. 

About the Speaker

Minah Kim has worked as a public prosecutor in South Korea since 2005. She graduated from Pusan National University and was appointed as a public prosecutor of Korea in 2002.After being a prosecutor, she worked at the Seoul Central District Prosecutors’ Office and the Supreme Prosecutors’ Office. She is an expert in prosecuting white collar crimes such as corporate financial crimes and political bribery crimes and has handled a wide range of corporate crimes including ‘the LIG commercial paper fraud case’. During her time at the U.S.-Asia Law Institute, she will conduct comparative research on corporate crimes between the United States and South Korea.

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Mar
29
12:15 PM12:15

Asia Law Weekly: Weixia Gu & Pasha Hsieh

Weixia Gu & Pasha Hsieh

Friday, March 29
12:15-2:00 pm
Furman Hall, Classroom 326
245 Sullivan Street
New York, New York, 10012

RSVP coming soon.

weixia gu.JPG

Weixia Gu

Associate Professor Gu Weixia serves as Co-Director of the Master of Common Law Programme at the Faculty of Law. Her research interests are in arbitration and commercial dispute resolution, conflict of laws, civil justice, and cross-border legal issues, with a particular focus on China, Hong Kong and Asia. She is an Articles Editor of the Hong Kong Law Journal.

Bilingual in English and Chinese, she has published widely in her specialized fields in both languages. Her recent works include The Developing World of Arbitration: A Comparative Study of Arbitration Reform in the Asia Pacific (Hart, 2018, co-edited with Professor Anselmo Reyes); Arbitration in China: The Regulation of Arbitration Agreements and Practical Issues (Sweet & Maxwell, 2012) and Legal Development and Interaction in Greater China (China Review Academic Press, 2009, co-edited with Professor Xianchu Zhang).

Prior to joining the Law Faculty, she was the youngest recipient in Hong Kong of the Fulbright Award from the United States Department of State and had been selected as an Honorary Young Fellow of the New York University. She had also held visiting scholar posts at Cornell and Fordham Universities where she researched and taught on commercial arbitration.

Pasha L. Hsieh

Pasha L. Hsieh is an Assistant Professor of Law at the Singapore Management University School of Law. He holds Juris Doctor and LL.M. degrees from the University of Pennsylvania Law School, where he was a Senior Editor of the University of Pennsylvania Law Review. Prior to joining academia, he served as a Legal Affairs Officer at the Appellate Body Secretariat of the World Trade Organization and as an associate at Shearman & Sterling LLP. He has been the Managing Editor of the Chinese (Taiwan) Yearbook of International Law and Affairs since 2006. Hsieh’s teaching and research focus on public international law, international economic law and East Asian legal studies. He is particularly interested in the roles of ASEAN and China in international law and cross-Taiwan Strait relations, and has published articles in the Michigan Journal of International Law, the Journal of World Trade and the Journal of International Economic Law. His works have been cited by the Federal Supreme Court of Switzerland as well as in leading texts on international law. In 2010, Hsieh was awarded Singapore’s Lee Foundation Fellowship for Research Excellence. He also co-convened the 2011 International Law Association (ILA) Asia-Pacific Regional Conference and the 2013 ILA-American Society of International Law Asia-Pacific Research Forum.

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Apr
3
2:00 PM14:00

The Reason and Prevention of Wrongful Convictions in China: A Death Penalty Perspective

About the Presentation

Despite many wrongful convictions, as well as death penalty cases, have been redressed in China resent years, there still many innocent defendants petitioning for retrial. In this talk, Lawyer Jiade Huang will discuss 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.

About the Speaker

Jie Meng is a Ph.D candidate in Criminal Procedure Law at Rinmin University of China in Beijing, where she obtained her Master’s degree. She is also a research assistant at Center for Criminal Justice and Reform of Renmin University, participating in several projects, such as “reducing the application of pre-trial detentions in China” and “Promoting Effective Safeguards During Criminal Pre-Trial Detention”.  Her research field focuses on criminal pre-trial procedure and Chinese juridical reform. She has published several high-quality papers in Chinese journals and newspapers about these issues. Ms.Meng was also invited to visit National Chung Cheng University (CCU) as a visiting scholar. At USALI, she will conduct research on the standardization of criminal investigation and precaution of unjust, false and erroneous cases.

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Apr
10
2:00 PM14:00

Corporate Governance and Nissan and Carlos Ghosn

Corporate Governance and Nissan and Carlos Ghosn

About the Presentation

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.”          

About the Speaker

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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Apr
17
2:00 PM14:00

Drug Users in Chinese Criminal Justice System

Drug Users in Chinese Criminal Justice System

About the Presentation

Drawing upon a sample of drug users in two mandatory drug treatment centers in Southwest China, this project conducts a quantitative investigation on Chinese drug users.  It explores Chinese drug users’ demographic characteristics, drug use history, and treatment experience.  Utilizing factor analysis, it assesses the validity and reliability of Grasmick et al.’s self-control measure, which is widely used in Western criminological research, among this special population.  Furthermore, the relationships between self-control, deviance, and arrests are examined. 

About the Speaker

Yue (Angela) Zhuo is an Associate Professor of Criminology and Sociology at St. John’s University.  She received her LL.B. as well as B.A. in English from Tianjin University, M.A. in economics from Nankai University, and Ph.D. in sociology (with concentrations in criminology and demography) from SUNY-Albany.  Professor Zhuo’s scholarship focuses on crime and law, substance abuse and mental health, and intergenerational family dynamics in both Chinese and American societies.  She has published extensively in prestigious journals such as the British Journal of Criminology; American Journal of Community Psychology; Journal of Substance Abuse Treatment, Crime, Law & Social Change; Asian Journal of Criminology; Journal of Consulting and Clinical Psychology, Research on Aging and others.  Professor Zhuo is an elected board member of the Association of Chinese Criminology and Criminal Justice. 

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Apr
24
2:00 PM14:00

How to Assess the Admissibility of Scientific Evidence in China?

How to Assess the Admissibility of Scientific Evidence in China?

About the Presentation

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".

About the Speaker

Shu Xie is currently a Ph.D. candidate of China University of Political Science and Law (CUPL), specializing in criminal procedure law and evidence. Till now, he has published more than 40 articles and commentaries in journals or newspapers, of which 15 articles were published in the Chinese Social Science Citation Index (CSSCI). His recent articles were granted the First Prize of the 9th China Jurist Forum’s Article Contest, the First Prize of the 8th China Youth Law Forum’s Article Contest, and the Third Prize of the 4th and 5th Youth Outstanding Achievement Award of Criminal Procedure Law. Also, Shu Xie was invited to visit The University of Hong Kong and National University of Kaohsiung as a visiting scholar. During his time at the U.S.-Asia Law Institute, his research will focus on the evidence rules of Mainland China and U.S.

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May
15
2:00 PM14:00

A Comparison of the Whistle-blower Law in U.S. & Taiwan

A Comparison of the Whistle-blower Law in U.S. & Taiwan

About the Presentation

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.

About the Speaker

Ching-sheng Tsai received his master degree in law from National Chengchi University in 2007, and has been a prosecutor for nine years in Taiwan. He specializes in criminal law and criminal procedure. As a prosecutor, he focuses on crime investigations, primarily intellectual property rights crimes, drug trafficking, food safety fraud cases, health insurance scams, and financial crimes. He directed hundreds of police and government officers to investigate the “Fraud in Fukushima Food Importation” case and “174 people for health insurance scam”. He is the second prosecutor awarded the major contribution award of Ministry of Health and Welfare. At the U.S.-Asia Law Institute, he will continue research of financial crimes, particularly insider trading and law enforcement, including the trend of the recent judgments and ruling of SEC concerning insider trading in United States.

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May
22
2:00 PM14:00

The Future of the Innocence Project in China

The Future of the Innocence Project in China

About the Speaker

Mr. Jiade Huang is a criminal lawyer and a member of the Chinese Innocence Project (CIP) - XIYUANWANG, the first non-governmental organization aiming at redressing criminal case grievance in China. He helped other lawyers successfully promote the re-vindication of many unjust criminal cases, such as the Chen Man murder case in Hainan (2016, death penalty case), Chen Xiaying abduction & murder case in Fujian (2015, death penalty case). At present, he and his colleagues have struggled to promote the redressing of wrongful convictions, such as Chen Guoqing robbery case in Hebei (1994, death penalty case), Jin Zhehong murder case in Jilin (1995, death penalty case), Yang Xinjin robbery case in Guizhou (2006, death penalty case). He obtained his LL.B. degree from the School of Law at Beijing Normal University (2013). At USALI, his main research interests are wrongful convictions and defense of the death penalty cases.  

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Feb
11
12:15 PM12:15

Asia Law Weekly: Ren Ito

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. 

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Feb
7
9:20 PM21:20

USALI @ PILC Fair!

  • Greenberg Lounge, Vanderbilt Hall (map)
  • Google Calendar ICS

Research Scholars who lead our program work will be available to answer questions about (a) opportunities to connect with the Institute’s work, (b) our annual internship program, and (c) our current portfolio of research on law reform in East Asia. Come say hello!

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Jan
30
12:30 PM12:30

Discussion with Hugh Scogin

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.

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Jan
28
12:15 PM12:15

Asia Law Weekly: Frank Upham

Asia Law Weekly: Frank Upham

Monday, January 28
12:15-1:50 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012
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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 TimeSports 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.

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Jan
23
12:15 PM12:15

Asia Law Weekly: Dan Guttman

Asia Law Weekly: Dan Guttman

Wednesday, January 23
12:15-1:50 pm
Furman Hall Room 318
245 Sullivan Street
New York, NY 10012

RSVP here

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.

 

 

 

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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

David Barboza.jpg

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

mark cohen.png

Mark Cohen

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

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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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