The Chinese Communist Party has used arbitrary detention to maintain power since the People’s Republic of China was founded seventy years ago.
The U.S-Asia Law Institute (USALI) is currently accepting applications for its annual Student Scholars program, an exciting year-long opportunity to produce independent research related to the Institute’s ongoing projects.
The selection process is competitive, and successful student scholars will meet regularly as a group to discuss important legal issues facing the region, meet with the Institute’s world-renowned visiting scholars and receive guidance and support from USALI staff. Students are expected to commit time to the Institute each week and contribute to the work of the Institute.
USALI Faculty Director Jerome Cohen has announced that Katherine Wilhelm will join the Law School as executive director of the U.S.-Asia Law Institute (USALI) from August 1.
Hong Kong has been in the news over the controversy and protests surrounding the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation Bill proposed by the Hong Kong government. Our very own Alvin Cheung has been analyzing the situation across a number of platforms.
On May 29, 2019 Elizabeth Lynch interviewed NYU Law Professor Frank Upham in observance of the 30th anniversary of the Tiananmen massacre. The interview details how in 1989 Professor Upham was a researcher at Wuhan University faculty of law and as a result witnessed the pro-democracy protests that were also occurring in Wuhan, the capital of China’s Hubei Province. Listen / Read Transcript of the Podcast here.
This week USALI is delighted to welcome our interns for the summer! This internship provides an excellent opportunity for practical and hands-on legal research experience, close mentorship and career advice, the opportunity to development independent research with guidance from USALI staff, and a connection with a community of legal scholars, academics, and professionals committed to understanding the Rule of Law in Asia.
From June 1 – 2, 2019 the U.S.-Asia Law Institute held “International Approaches to Sexual Harassment Law” in partnership with Sichuan University Law School, Chengdu, China. The workshop was structured to explore comparative means of addressing anti-discrimination cases, litigation, mechanisms and standards throughout the world for the purpose of strengthening understanding of international approaches.
Affiliated Scholar Aaron Halegua gave a presentation at the US Embassy in Beijing about his on-going work defending labor protections of Chinese construction workers in Saipan.
Academic exchanges between the U.S. and China have blossomed in frequency and scope since relations were normalized in 1978. Now, as relations sour, Chinese scholars and students face suspicions of espionage and spreading propaganda. The U.S. scrutiny is especially intense for Chinese scholars affiliated with state-linked think tanks and research institutions…
USALI Faculty Director Jerome A. Cohen and Affiliated Scholar Aaron Halegua recently published an op-ed in the Washington Post discussing the One Belt - One Road Initiative and the Chinese workers dispatched overseas to help make this building infrastructure through deepening economic ties a reality. Read an excerpt below of the article, and read the entire article here.
On May 29, 2018, the U.S.-Asia Law Institute (USALI) of NYU School of Law held a book launch for the release of their two newest publications, Questioning Police Interrogation Methods: A Comparative Study and The Evolution of Pretrial Detention Law: A Comparative Study. These two books are products of multi-year projects undertaken by USALI, featuring a variety of articles written by leading legal scholars, social scientists and law practitioners from the U.S., the UK and P.R. China about the important and evolving fields of pretrial detention and police interrogation methods.
By Jerome A. Cohen
I gave a talk entitled “Jack Downey, Sino-American Relations and International Law — Lessons for Today" at the Woodrow Wilson Center today in Washington, DC. It was in memory of the late distinguished historian of Sino-American relations Nancy Bernkopf Tucker and reviewed the case of my Yale college classmate Jack Downey, a CIA agent whose plane was shot down in China November 29, 1952.
The Taiwan Relations Act (TRA) is a model of legal ingenuity spurred by political necessity. Jimmy Carter inherited Richard Nixon’s challenge, which was to establish diplomatic relations with the People’s Republic of China (PRC). Nixon took the first step in February 1972 with his famous trip to Beijing, where he, Henry Kissinger, and China’s leaders concluded the Shanghai Communiqué. The Communiqué gave ambiguous assurance to China about Taiwan.
We were delighted to see this article by USALI long-term partner Judge Jed Rakoff in this week's New York Review of Books, regarding the problem of inaccurate eyewitness identifications and also responding thoughtfully to how this problem might be addressed in an age where the majority of criminal matters are disposed of by plea bargain.
There have been several important legal developments in Australia and New Zealand over the past two weeks relating to the use of DNA evidence in criminal investigations. The first takes place in Australia's second largest state - Victoria. The second development is that the New Zealand Law Commission (a government funded law reform body) will soon close its public submissions period for its study The Use of DNA in Criminal Investigations.
SAIPAN, Northern Mariana Islands (AP) — Seven Chinese men allege in a lawsuit that they were victims of a forced labor scheme while constructing a Saipan casino.
The casino and its contractors violated U.S. trafficking laws by exploiting the workers, the lawsuit said. Saipan is part of the U.S. Commonwealth of the Northern Mariana Islands.
At this stage the basic facts surrounding the case against former Nissan CEO Carlos Ghosn remain unclear. It is too early to decide between the two diametrically opposed narratives that have been offered to date: (1) Ghosn is a greedy autocrat who violated laws and company rules to enrich himself at the expense of the company and its stakeholders or (2) Nissan management, aided by inadequate protections for the accused under Japanese law and by the Japanese government, undertook a coup d’etat to rid Nissan of Renault’s control. We may ultimately discover that this case contains elements of both narratives.
Two great pieces on junk science litigation and investigations this week:
The first, from the ABA Journal, tracks a lawsuit by the Innocence Project against the National Museum of Health and Medicine of the Department of Defense seeking disclosure of the records of the American Board of Forensic Odontologists (ABFO) (aka "the bite mark experts"), more here:
In November 2018, the U.S.-Asia Law Institute hosted our 24th Annual Timothy A. Gelatt Memorial Dialogue on the Rule of Law in East Asia. The theme to the forum was “East Asia, America & International Law'“ with noted speakers from Asia and the United States to discuss human rights, intergovernmental and territorial disputes, and international tribunals.
In January 2019, as part of our project on the Prevention and Redress of Wrongful Convictions, USALI launched its fourth lecture trip to China with a special focus on forensic science and wrongful convictions. The trip was composed of four lectures/round-table discussions at China University of Political Science and Law, Nankai University, and Renmin University.