| Author | Title | Citation | Summary | Year |
| Peter H. Huang |
ANTI-ASIAN AMERICAN RACISM, COVID-19, RACISM CONTESTED, HUMOR, AND EMPATHY |
16 FIU Law Review 669 (Spring, 2022) |
This Article analyzes the history of anti-Asian American racism. This Article considers how anger, fear, and hatred over COVID-19 fueled the increase of anti-Asian American racism. This Article introduces the phrase, racism contested, to describe an incident where some people view racism as clearly involved, while some people do not. This Article... |
2022 |
| Peter C.H. Chan |
ARE CHINESE COURTS PRO-LABOR OR PRO-EMPLOYER? |
43 University of Pennsylvania Journal of International Law 281 (Winter, 2022) |
As a socialist nation with laws promoted as pro-labor, the official representation is that China's legal system (in particular its courts) gives special protection to employees. China's labor statutes (in particular, the Labor Contract Law) favor employees. The debate on whether Chinese courts are pro-labor or pro-employer has been going on... |
2022 |
| Daniel Lo |
ASIAN AMERICAN OLDER ADULTS IN THE US: ON A SENSE OF BELONGING AND CARE |
43 Bifocal 117 (May-June, 2022) |
Asian Americans (AA) are the fastest-growing population in the US according to Pew Research Center. Asian Americans are often perceived as the model minority, a term that describes the academic and economic success of Asian Americans compared to other minority groups. Despite its positive overtone, the term is not without controversies. It not... |
2022 |
| Vinay Harpalani |
ASIAN AMERICANS, RACIAL STEREOTYPES, AND ELITE UNIVERSITY ADMISSIONS |
102 Boston University Law Review 233 (February, 2022) |
Asian Americans have long occupied a precarious position in America's racial landscape, exemplified by controversies over elite university admissions. Recently, this has culminated with the Students for Fair Admissions, Inc. v. President & Fellows of Harvard College case. In January 2022, the Supreme Court granted certiorari in this case, and it... |
2022 |
| Khaled A. Beydoun |
ASIAN AND MUSLIM AMERICANS INTERSECTIONS, SOLIDARITY AND STRIVING AHEAD |
19 Hastings Race and Poverty Law Journal 153 (Summer, 2022) |
Khaled Beydoun, an Associate Professor of Law and Associate Director of Civil Rights and Social Justice, gave a speech at the Center for Racial and Economic Justice Conference titled, Asian and Muslim Americans Intersections, Solidarity and Striving Ahead. Following the conference, he conducted a Q&A interview with HRPLJ's Executive Editor of... |
2022 |
| J. Bolton Smith |
ASSESSING ASPIRATIONS: FACTORS INFLUENCING MODERN EFFECTS OF STATE ASPIRATIONAL CLAUSES IN THE GERMAN AND JAPANESE CONSTITUTIONS |
62 Virginia Journal of International Law 623 (Spring, 2022) |
Constitutions sometimes feature clauses listing abstract national goals with little or vague direction on how the nation should achieve these aims. These so-called aspirational clauses present an interesting situation where a text is adopted by drafters, but the specific implementation is left to future generations. This Note will explore how... |
2022 |
| Mari Cheney , Mandy Lee , Anna Lawless-Collins |
BOLSTERING THE ASIAN AMERICAN LAW LIBRARY COLLECTION: A COLLECTION DEVELOPMENT GUIDE |
114 Law Library Journal 285 (2022) |
An increase in Asian American hate crimes has compelled law librarians to consider their collection development decisions due to a gap in Asian American law library collections. Guidance for increasing Asian American--related materials, however, is sparse. This article aims to fill this gap by discussing the importance of representation, tips on... |
2022 |
| Lihong Zhang , East China University of Political Science and Law, Shanghai, People's Republic of China, e-mail: lihong111@gmail.com |
CHINESE REPORT |
102 IUS Gentium 241 (2022) |
ALTCPSCH 2003 Supreme Court's Judicial Interpretations on the Application of Law in the Trials on Contract of Purchase and Sale of Commercial Houses CAML 2007 Anti-Monopoly Law CCC 2020 Draft of Chinese Civil Code CCPL 1991 Chinese Civil Procedure Law CECL 2008 E-Commerce Law ESL 2004 Electronic Signature Law GPCL 1986 General Principles of Civil... |
2022 |
| Mark L. Shope, Wen-Chen Chang |
CIVIL SOCIETY AND REGIONAL HUMAN RIGHTS DEVELOPMENT IN ASIA: LESSONS FROM THE ASIAN HUMAN RIGHTS COURT SIMULATION |
29 Indiana Journal of Global Legal Studies 59 (Winter, 2022) |
In 2019, the historic first hearing of the Asian Human Rights Court Simulation (AHRCS and its Court) took place in Taipei, Taiwan. The Court heard the case of Chiou Ho-shun v. ROC (Taiwan). The judges of the AHRCS consisted of experts in international human rights law; and observers from the media, scholars, government officials, and national and... |
2022 |
| |
CRIMINAL LAW--FOREIGN SOVEREIGN IMMUNITIES ACT-- NINTH CIRCUIT HOLDS THAT CERTAIN CHINESE STATE-OWNED COMPANIES ARE NOT FOREIGN "INSTRUMENTALITIES" AND THUS LACK IMMUNITY UNDER THE FSIA FROM CRIMINAL PROSECUTION.--UNITED STATES v. PANGANG GROUP CO., 6 F.4 |
135 Harvard Law Review 1680 (April, 2022) |
The United States increasingly advances important foreign policy goals by prosecuting legal entities controlled by foreign governments. But these defendants have begun to delay proceedings for years by arguing that they are immune from criminal prosecution based on the Foreign Sovereign Immunities Act of 1976 (FSIA). The FSIA primarily aims to... |
2022 |
| Zhiyuan Guo |
CROSS-EXAMINATION OF WITNESSES IN CHINESE CRIMINAL COURTS: THEORETICAL DEBATES, PRACTICAL BARRIERS, AND POTENTIAL SOLUTIONS |
55 Vanderbilt Journal of Transnational Law 325 (March, 2022) |
Questioning witnesses is essential for both fact-finding and ensuring the defendant's right to confrontation in criminal trials. Part I introduces the recently released judicial interpretation on the Application of Criminal Procedure Law by China's Supreme Court as a background for discussion of this Article. In Part II, the author sets the stage... |
2022 |
| Shoba Sivaprasad Wadhia , Margaret Hu |
DECITIZENIZING ASIAN PACIFIC AMERICAN WOMEN |
93 University of Colorado Law Review 325 (Winter, 2022) |
The Page Act of 1875 excluded Asian women immigrants from entering the United States, presuming they were prostitutes. This presumption was tragically replicated in the 2021 Atlanta Massacre of six Asian and Asian American women, reinforcing the same harmful prejudices. This Article seeks to illuminate how the Atlanta Massacre is symbolic of larger... |
2022 |
| Vice President Kamala Harris |
DEDICATION CENTER ON ASIAN AMERICANS AND THE LAW |
90 Fordham Law Review 1887 (April, 2022) |
Asian American history has been defined by attorneys and activists who have fought to ensure that Asian Americans are recognized as Americans--not as the other, not as them, but as us. From their efforts to fight against the Chinese Exclusion Act, to correcting the wrongs of the Japanese-American incarceration, it is essential that we learn... |
2022 |
| Carl A. Trocki, Independent Scholar, carlatrocki@yahoo.com |
DIANA S. KIM, EMPIRES OF VICE: THE RISE OF OPIUM PROHIBITION ACROSS SOUTHEAST ASIA. PRINCETON: PRINCETON UNIVERSITY PRESS, 2020. PP. 336. $35.00 HARDCOVER (ISBN 9780691172408). DOI:10.1017/S0738248022000116 |
40 Law and History Review 182 (February, 2022) |
I wrote about the creation of an empire financed by a drug trade (Opium and Empire: Chinese Society in Colonial Singapore 1800-1910, Cornell University Press, 1990). Diana Kim tells how the drug trade that financed that empire was dismantled. My studies focused on the system of opium revenue farming, whereby colonial governments permitted private... |
2022 |
| Shoba Sivaprasad Wadhia |
DISCRETION AND DISOBEDIENCE IN THE CHINESE EXCLUSION ERA |
29 Asian American Law Journal 49 (2022) |
This Article examines the use of prosecutorial discretion from its first recorded use in the nineteenth century to protect Chinese subject to deportation, following to its implications in modern day immigration policy. A foundational Supreme Court case, known as Fong Yue Ting, provides a historical precedent for the protection of a category of... |
2022 |
| L. Leona Frank |
DISCRIMINATION 2.0: BIAS AGAINST ASIAN AMERICANS INCREASING |
66-AUG Res Gestae 18 (July/August, 2022) |
Asian-Americans are a marginalized population that are experiencing racism and xenophobia at increasingly alarming rates. Asian Americans are predominantly an immigrant group, with 59 percent being foreign-born, according to Pew Research Center. That rises to 73 percent when looking at adults. The racial breakdown of the United States in 2020 was... |
2022 |
| Ji Li , Carrie Menkel-Meadow |
DISPUTE PROCESS CHOICES AMONG CHINESE COMPANIES IN THE UNITED STATES: SOME PRELIMINARY DATA AND ANALYSES |
27 Harvard Negotiation Law Review 295 (Spring, 2022) |
This Article reports the first ever empirical study of how Chinese-owned businesses in the United States utilize contract clauses to choose dispute processes. As a large and recent source for foreign direct investment in the United States, China presents an interesting case study of whether foreign owned businesses replicate American dispute... |
2022 |
| Gabriel J. Chin |
DRED SCOTT AND ASIAN AMERICANS |
24 University of Pennsylvania Journal of Constitutional Law 633 (June, 2022) |
Chief Justice Taney's 1857 opinion in Dred Scott v. Sandford is justly infamous for its holdings that African Americans could never be citizens, that Congress was powerless to prohibit slavery in the territories, and for its proclamation that persons of African ancestry had no rights which the white man was bound to respect. For all of the... |
2022 |
| Kevin R. Johnson |
DRED SCOTT AND ASIAN AMERICANS: WAS CHIEF JUSTICE TANEY THE FIRST CRITICAL RACE THEORIST? |
24 University of Pennsylvania Journal of Constitutional Law 751 (June, 2022) |
This commentary considers Professor Jack Chin's analysis in Dred Scott and Asian Americans of the white supremacist underpinnings and modern legacy of U.S. Supreme Court Chief Justice Roger Taney's decisions in United States v. Dow, a little-known decision denying full citizenship rights to Asian Americans, and Dred Scott v. Sandford, an iconic... |
2022 |
| Yang Chen |
ENFORCEABILITY OF ANTI-REVERSE ENGINEERING CLAUSES IN SOFTWARE LICENSING AGREEMENTS: THE CHINESE POSITION AND LESSONS FROM THE UNITED STATES AND EUROPEAN UNION'S LAWS |
43 University of Pennsylvania Journal of International Law 783 (Spring, 2022) |
Current laws related to intellectual property (IP) protection, especially those meant for protecting copyrights and trade secrets, afford certain strong protections for software programs. However, all IP laws have their limits set by legislators purposefully, to maintain a sound balance between private monopoly rights and public interest. To deal... |
2022 |
| Felix B. Chang |
ETHNICALLY SEGMENTED MARKETS: KOREAN-OWNED BLACK HAIR STORES |
97 Indiana Law Journal 479 (Winter, 2022) |
Races often collide in segmented markets where buyers belong to one ethnic group while sellers belong to another. This Article examines one such market: the retail of wigs and hair extensions for African Americans, a multi-billion-dollar market controlled by Korean Americans. Although prior scholarship attributed the success of Korean American... |
2022 |
| Janet H. Vo |
FIGHTING ANTI-ASIAN HATE: COMMUNITY-BASED SOLUTIONS BEYOND PROSECUTIONS AND THE CYCLE OF VIOLENCE |
66 Boston Bar Journal 23 (2022) |
More than a year after the murder of six female Asian workers at an Atlanta spa, many members of the Asian American community still live in fear of hate-motivated violence. The FBI's 2020 data already reflected a 73 percent increase in hate-motivated crimes against Asian Americans, but after the Atlanta shootings in March 2021, one third of Asian... |
2022 |
| Songman Kang , Duol Kim |
FOCUS vs. SPREAD: POLICE BOX CONSOLIDATION AND ITS IMPACT ON CRIME IN KOREA |
70 International Review of Law & Economics Econ. 1 (June, 2022) |
Article history: Received 14 September 2020 Received in revised form 10 December 2021 Accepted 24 February 2022 Available online 17 March 2022 JEL classification: H76 K42 R53 Keywords: Crime Police Police organization Police resource allocation South Korea A 2003 police organization reform in South Korea led to the consolidation of many local... |
2022 |
| Pasha L. Hsieh |
Foreword to the Special Issue on "Building a Sustainable Future: New Asian Regionalism in International Economic Law" |
17 Asian Journal of WTO & International Health Law & Policy Pol'y 1 (March, 2022) |
We live in an unprecedented time, which witnesses the rapid transformation of global trade and politics. The neoliberal legal order in the post-war era has recently encountered multifaceted threats. Rising populist nationalism, US-China tensions and the COVID-19 pandemic have led to diverse forms of trade protectionism that has eroded the normative... |
2022 |
| Xiaodan Zhang , Wenjia Yan |
FORTY-YEARS OF THE MODERNIZATION OF CHINESE SOCIALIST LEGALITY: STRATEGY, LACUNA, AND OUTLOOK |
23 German Law Journal 691 (June, 2022) |
(Received 16 March 2021; accepted 20 January 2022) It has been forty years since the Chinese Communist Party (CCP) initiated the modernization project of Post-Mao China. As with other sectors, learning from the West was one of the basic strategies taken by the CCP to achieve the modernization of Chinese socialist legality, even as Chinese law is... |
2022 |
| Cora Chan |
FROM LEGAL PLURALISM TO DUAL STATE: EVOLUTION OF THE RELATIONSHIP BETWEEN THE CHINESE AND HONG KONG LEGAL ORDERS |
16 Law & Ethics of Human Rights 99 (2022) |
Abstract: This article provides the first-ever comprehensive analysis of how the relationship between the Chinese and Hong Kong legal orders has morphed in nature since China's resumption of sovereignty over Hong Kong in 1997. It argues that the relationship has evolved from a form of legal pluralism found in the European Union to a monist but... |
2022 |
| Eric H. Wang, JD/MTS Candidate (2023), Emory University |
HUMAN DIGNITY, HUMAN RIGHTS, AND SOCIAL JUSTICE: A CHINESE INTERDISCIPLINARY DIALOGUE WITH GLOBAL PERSPECTIVE. EDITED BY ZHIBIN XIE, PAULINE KOLLONTAI, AND SEBASTIAN KIM. SINGAPORE: SPRINGER NATURE, 2020. PP. 239. $149.99 (CLOTH); $149.99 (PAPER); $109.00 |
37 Journal of Law and Religion 427 (May, 2022) |
It does not take too long reading the news to see that US--China relations are not exactly at a high (or even a normal low). From their tensions over trade and technology, to their clashes over Xinjiang that spilled over to the 2022 Winter Olympics, the United States and China have repeatedly shown that they are not just geopolitical rivals, but... |
2022 |
| Matthew S. Erie |
IS THERE A CHINESE "CODE OF CAPITAL"? |
47 Law and Social Inquiry 720 (May, 2022) |
Katharina Pistor. The Code of Capital: How the Law Creates Wealth and Inequality. Princeton, NJ: Princeton University Press, 2019. Professor Katharina Pistor has accomplished a rare feat in her book The Code of Capital: How the Law Creates Wealth and Inequality. She has provided a compelling explanation for how private law encodes certain assets as... |
2022 |
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JAPANESE CONSTITUTIONAL LAW--MARRIAGE--JAPANESE SUPREME COURT HOLDS THAT FORCING COUPLES TO SHARE A SURNAME IS CONSTITUTIONAL.--SAIKÅ SAIBANSHO [SUP. CT.] JUNE 23, 2021, REIWA 2 (KU <>) NO. 102 |
135 Harvard Law Review 1504 (March, 2022) |
Japan is the only country in the industrialized world that forbids married couples from having different surnames. Though most Japanese people oppose the system, the Supreme Court of Japan (SCJ) recently upheld the laws that make married couples share a surname. The SCJ's reasoning typified weak judicial review, consisting of deference to the... |
2022 |
| Frank H. Wu |
KEYNOTE ADDRESS: "ASIAN AMERICANS AT A CROSSROADS" |
19 Hastings Race and Poverty Law Journal 205 (Summer, 2022) |
Former UC Hastings Chancellor and Dean Frank Wu gave closing remarks at the Center for Racial and Economic Justice Conference, calling attention to the black-white paradigm, the model minority myth, and the concept of the perpetual foreigner. A transcript of Wu's keynote speech is featured herein. Frank H. Wu serves as the President of Queens... |
2022 |