2015

Igeta Daisuke. Challenging Japan's Extensive Surveillance of Muslims. Center for Constituional Rights Blog

As a Japanese lawyer studying in the United States, I came across CCR’s case Hassan v. City of New York, a lawsuit challenging the blanket surveillance and religious profiling of Muslim communities. The case – and the principles it upholds – seems particularly important now, as I watch political candidates call for discriminatory measures against Muslims. I learned of the case while doing research for my own litigation in Japan challenging a more severe version of the program, one that monitors virtually every Muslim person in the country. 

Yu-Jie Chen. How Can China Engage Taiwan? Hong Kong Journal

Since May 2008, relations between the People’s Republic of China and the Republic of China on Taiwan have improved significantly, but the two sides are now confronted with issues more difficult than before. One that has received more attention after the mass protests in Taiwan’s 2014 Sunflower Movement is human rights. 

James B. Jacobs. The Eternal Criminal Record. Harvard University Press

For over sixty million Americans, possessing a criminal record over¬shadows everything else about their public identity. A rap sheet, or even a court appearance or background report that reveals a run-in with the law, can have fateful consequences for a person’s inter¬actions with just about everyone else. The Eternal Criminal Record (Harvard) makes transparent an all-pervading system of police databases and identity-screening that has become a routine feature of American life.

Jerome A. Cohen. Respect for International Laws can Keep the Peace between China and the US. SCMP (South China Morning Post)

Although China’s increasingly “assertive” international conduct has naturally stirred widespread concern in both Asia and the US, especially regarding the South China Sea, an overview of Beijing’s foreign policy suggests a less alarming perspective. 

Ling Li. ‘Rule of law’ in a Party-state – A conceptual interpretive framework of the constitutional reality of China. Asian Journal of Law

This article proposes a “dual normative system” as a conceptual framework for the interpretation of the structural features of the Party-state. It also contends that this dual normative system shapes the constitutional reality of China. 

Aaron Halegua. China’s restrictions on barefoot lawyers could backfire. SCMP (South China Morning Post)

n April 2005, the blind activist Chen Guangcheng led a group of families to a courthouse in rural China. After suffering unlawful detentions and forced sterilisations under the government’s one-child policy campaign, they planned to sue the township mayor. A judge initially refused to accept the case. But Chen and the villagers argued there was no legal basis to reject it and insisted it be accepted. The judge relented and the lawsuit proceeded

Jerome A. Cohen. Detention of Women Activists Makes a Mockery of China’s Rule of Law Aspirations. SCMP (South China Morning Post)

Although a veteran observer of Chinese efforts to secure a just and stable legal system, I was surprised when Chinese police formally detained five women opponents of sexual harassment ahead of International Women’s Day.

Jerome A. Cohen. Mutual Respect for International Laws can Keep the Peace between China and the US. SCMP (South China Morning Post)

Although China’s increasingly “assertive” international conduct has naturally stirred widespread concern in both Asia and the US, especially regarding the South China Sea, an overview of Beijing’s foreign policy suggests a less alarming perspective. In some major subjects, such as environmental pollution and climate change, there are good prospects for Beijing’s cooperation with the United States and other nations.