| Author | Title | Citation | Summary | Year |
| Andrew Truong |
LINGUISTIC LEGAL DESERTS: ADDRESSING LANGUAGE ACCESS IN THE UNITED STATES LEGAL SYSTEM FOR LIMITED ENGLISH PROFICIENT ASIAN AMERICANS AND PACIFIC ISLANDERS |
102 Boston University Law Review 1441 (May, 2022) |
Language access remains a significant access to justice issue in the United States. While many rural Americans face legal deserts due to the physical distance between themselves and accessible legal assistance, this Note establishes the term linguistic legal desert to describe how limited English proficient (LEP) individuals face a... |
2022 |
| Matthew S. Erie |
MAPPING THE COSMOPOLITAN LEGAL IMAGINARY: RECENT CHINESE SCHOLARSHIP ON DISPUTE RESOLUTION : INTERNATIONAL ACADEMY OF THE BELT AND ROAD, DISPUTE RESOLUTION MECHANISM FOR THE BELT AND ROAD (SPRINGER, 2016); WEIXIA GU, DISPUTE RESOLUTION IN CHINA: LITIGATIO |
70 American Journal of Comparative Law 210 (Spring, 2022) |
In recent years, China has led a not-so-silent revolution in internationalizing its dispute resolution mechanisms, including its courts, arbitration commissions, and mediation bodies, in order to facilitate cross-border investment and trade. These advancements are startling, considering that, merely fifty years ago, China suffered from a kind of... |
2022 |
| Timothy Webster |
MARGINS OF EMPIRE: THE SAKHALIN KOREANS' LONG SAGA HOME |
47 Yale Journal of International Law Online 43 (2022) |
Migration carries with it many risks, from perilous journeys along risky corridors to hostile environments in the new country. But what happens when migrants cannot return home? This contribution examines the difficulties endured by Sakhalin Koreans, a group of ethnic Koreans who emigrated to Sakhalin Island during the Japanese colonial period and... |
2022 |
| Amanda Mortwedt Oh |
MISSION POSSIBLE: ADVANCING THE HUMAN RIGHTS OF NORTH KOREANS |
17 University of Saint Thomas Law Journal 930 (Spring, 2022) |
Nothing in our past lives could have prepared us for what we heard. Our duty is to report to the world the evidence we found. If this report does not give rise to action, it is difficult to imagine what will. - The Honorable Michael Kirby The focus of this paper is on the mission of advancing human rights for North Koreans as seen from a vantage... |
2022 |
| Andrew Wolman |
NORTH KOREAN ASYLUM SEEKERS IN THE WEST: IS DUAL NATIONALITY DISPOSITIVE? |
32 Indiana International & Comparative Law Review 403 (2022) |
Since at least 2013, Western courts judging refugee cases have accepted that North Koreans are, with rare exceptions, considered to be South Korean nationals under South Korean law. This Article explores the implications of this holding. Given this dual nationality, are North Koreans necessarily refused refugee status because they can be protected... |
2022 |
| Éva Rozália Hölzle, Bielefeld University |
ON THE EDGE: LIFE ALONG THE RUSSIA-CHINA BORDER, BILLÉ, FRANCK AND CAROLINE HUMPHREY (CAMBRIDGE, MASSACHUSETTS: HARVARD UNIVERSITY PRESS, 2021); FROM FAMILY TO POLICE FORCE: SECURITY AND BELONGING ON A SOUTH ASIAN BORDER, FARHANA IBRAHIM (ITHACA AND LONDO |
45 PoLAR: Political and Legal Anthropology Review Rev. 1 (November, 2022) |
What does it mean to live life in a borderland? How do people in borderlands organize their everyday life, earn a living, marry, connect with others across the border, traverse the boundary between two countries, and maintain mobility and connectivity despite the political divide? I consider these two questions to be the crux of the three recent... |
2022 |
| Thomas W. White, Retired Partner, WilmerHale |
PCAOB ANNOUNCES AGREEMENT WITH CHINESE REGULATOR |
2022-AUG Business Law Today Today 4 (August, 2022) |
After lengthy negotiations, the Public Company Accounting Oversight Board announced on August 26 that it had reached an agreement with Chinese securities regulators to permit inspection and investigation of accounting firms based in mainland China and Hong Kong. If implemented to the satisfaction of the PCAOB and the Securities and Exchange... |
2022 |
| Kristin M. Sangren, University of California, Berkeley |
PROCESSUAL RECOGNITION IN CHINESE TRAFFIC DISPUTES |
45 PoLAR: Political and Legal Anthropology Review 26 (May, 2022) |
This article analyzes traffic dispute resolution in contemporary urban China as embodying what I term processual recognition. I describe how various complex status-inflected qualities, legal-bureaucratic institutions and actors, and processes and perceptions of recognition interact in producing resolutions and a sense of (in)justice or... |
2022 |
| Haochen Sun |
PROTECTING THE PUBLIC INTEREST THROUGH INTELLECTUAL PROPERTY LAW: THE CREATIVE APPROACH OF CHINESE JUDGES |
31 Minnesota Journal of International Law 185 (Spring, 2022) |
Today, Chinese judges play a leading role in the global protection of intellectual property (IP) rights. With China's judiciary handling more intellectual property lawsuits than any other jurisdiction, their work is prominent not only for its quantity but also for its quality. While acting to safeguard IP owners' private interests, Chinese judges... |
2022 |
| Dimitri Vanoverbeke |
PROTECTING THE SCRIPT OF THE JAPANESE CRIMINAL JUSTICE SYSTEM |
47 Law and Social Inquiry 734 (May, 2022) |
Erik Herber. Lay and Expert Contributions to Japanese Criminal Justice. London: Routledge, 2019 The criminal justice system in Japan has for decades been characterized by an aura of infallibility supported by an extremely low crime rate. Miscarriages of justice were hardly an issue in the wake of the high degree of professionalism and the rigorous... |
2022 |
| Stewart Chang |
RACIAL CONTAGION: ANTI-ASIAN NATIONALISM, THE STATE OF EMERGENCY, AND EXCLUSION |
9 Belmont Law Review 486 (Spring, 2022) |
Introduction. 486 I. Contagion, Yellow Peril, and Exclusion. 491 II. Korematsu, Internment, and the Enemy Within. 501 III. The Chinese Virus and the COVID-19 Travel Bans. 506 Conclusion. 510 |
2022 |
| Aileen S. Kim |
REBUILDING LOST IDENTITY: RETHINKING KOREAN REUNIFICATION AS AN IMAGINED COMMUNITY OF SHARED NATIONAL IDENTITY |
39 UCLA Pacific Basin Law Journal 61 (Spring, 2022) |
In 2018, North Korean Leader Kim Jong-un expressed his desire to write a new history of Korean reunification. South Korean President Moon Jae-in reciprocated Kim's desire in August 2019 when Moon set the ambitious deadline of the year 2045 for a peaceful reunification of the Koreas. The rhetoric of the two Koreas placed a renewed spotlight on the... |
2022 |
| Weihong Yao , Robert H. Hu |
RECONSTRUCTION OF THE REASONABLE PERSON STANDARD UNDER CHINESE PATENT LAW |
26 Marquette Intellectual Property & Innovation Law Review |
The standard of a Reasonable Person is the common basis for determining the duty of care of a patent infringer. Under the Chinese patent law, the standards for Reasonable Manufacturer and Reasonable Importer are among the highest standards in the world; such high Chinese standards impose an excessive duty of care for Chinese manufacturing... |
2022 |
| Bing Bing Jia |
REFLECTIONS ON CHINESE SCHOLARSHIP AND PERSPECTIVES REGARDING INTERNATIONAL LAW |
116 American Journal of International Law 653 (July, 2022) |
The Rise of China and International Law: Taking Chinese Exceptionalism Seriously (Law and Global Governance Series). By Congyan Cai. New York: Oxford University Press, 2019. Pp. xvi, 348. Index. Guoji Fa [International Law]. 6th ed. Edited By Cheng Xiaoxia and Yu Mincai. Beijing: Zhongguo Renmin Daxue Chubanshe [Renmin University of China Press],... |
2022 |
| Madhab Raj Ghimire, Deepshikha Wagle, Sukhyati Malla, Brian Barkdoll, Narayan Ghimire |
REFORM OF LEGAL AND REGULATORY IMPEDIMENTS TO FOREIGN INVESTMENT AND CROSS- BORDER ENERGY TRADING BY NEPAL AND OTHER SOUTH ASIAN NATIONS |
43 Energy Law Journal 167 (2022) |
Synopsis: Nepal, endowed with water resources, has vast potential for hydropower development, including through foreign direct investment (FDI) and cross-border trade. At the same time, however, Nepal is facing an energy crisis due to the shortage of readily available power and petroleum products. This article explores options to develop Nepal's... |
2022 |
| Moushmi Patil |
REQUISITE REALIGNMENT: AFFIRMATIVE ACTION, ASIAN AMERICANS, AND THE BLACK--WHITE BINARY |
170 University of Pennsylvania Law Review 1625 (June, 2022) |
When Asian immigrants first reached American shores in substantial numbers during the late 1800s, they were faced with a country that barely recognized Black citizens and a system that continually reinforced a Black--White binary. If Asian Americans wanted to attempt to obtain protections for themselves, they could not do so by asserting that those... |
2022 |
| Andrew Chongseh Kim |
RESEARCHING WHILE ASIAN |
37-FALL Criminal Justice 18 (Fall, 2022) |
To counter the threat of Chinese malign economic aggression, prosecutors in the Criminal Division are . aggressively investigat[ing] Chinese . individuals for theft of trade secrets. --Assistant Attorney General Brian Benczkowski, (Nov. 1, 2018). The fundamental problem with the initiative formerly known as the China Initiative is not just race,... |
2022 |
| Douglas Bujakowski |
SPATIAL SPILLOVER EFFECTS IN CIVIL LITIGATION: EVIDENCE FROM CHINESE PROVINCES |
39 UCLA Pacific Basin Law Journal L.J. 1 (Spring, 2022) |
There is a rich literature that utilizes state, province, and other sub-regional data to evaluate the causes and effects of civil litigation. Yet, issues of spatial dependence are often neglected in this context. In the current study, we argue that civil litigation may be subject to spatial spill-overs, in which litigation in one region influences... |
2022 |
| Jing Li |
STATE LEADERSHIP vs. LAWYERS' ENTREPRENEURSHIP: THE GLOBALIZATION TRAJECTORIES OF CHINESE LEGAL PROFESSIONALS UNDER THE BELT & ROAD INITIATIVE |
29 Indiana Journal of Global Legal Studies 85 (Winter, 2022) |
Based on the analysis of the online profiles of 205 BRI Talent Bank lawyers as accredited by China's national bar association, this article generates important empirical knowledge about the approaches and processes that a nation-state may use in directing the internationalization of legal professionals. In addition to designing the general roadmap... |
2022 |
| Vinay Harpalani |
TESTING THE LIMITS: ASIAN AMERICANS AND THE DEBATE OVER STANDARDIZED ENTRANCE EXAMS |
73 South Carolina Law Review 759 (Spring, 2022) |
I. Introduction. 759 II. Social, Political, and Historical Context. 762 A. Racial Triangulation. 762 B. Model Minority to Peril of the Mind. 763 C. Negative Action and Affirmative Action. 766 III. Controversies over Standardized Entrance Exams. 770 A. College Entrance Exams and the Test-Blind Movement. 771 B. New York City's Specialized High... |
2022 |
| Ilhyung Lee |
THE "DIVISIVE CONCEPTS" LAWS AND AMERICANS OF ASIAN DESCENT |
75 SMU Law Review Forum 212 (April, 2022) |
Sticks and stones May break my bones Oh but your words They really kill me. In the past year, a number of states have enacted laws that prohibit public schools from teaching certain lessons about race. The main target of these laws appears to be critical race theory, once a theory advanced in legal academia that has now become a catchall term... |
2022 |
| Sean A. Pager , Eric Priest |
THE CHINESE COPYRIGHT DREAM |
49 Pepperdine Law Review 733 (March, 2022) |
Chinese President Xi Jinping's vision of the Chinese Dream has captured the popular imagination. As a slogan, the Chinese Dream is intentionally broad. Intended to inspire rather than prescribe, it captures diverse aspirations including dreams of material prosperity, environmental sustainability, national rejuvenation, and global leadership. The... |
2022 |
| Douglas Bujakowski |
THE DECLINE AND RESURGENCE OF PEOPLE'S MEDIATION IN CHINA: AN EMPIRICAL ANALYSIS OF CHINESE PROVINCES |
17 Journal of Law, Economics & Policy Pol'y 1 (Spring, 2022) |
A striking characteristic of China's legal system is the profound importance of people's mediation in the resolution of disputes. From 1995 to 2016, the number of claims for people's mediation exceeded the number of civil lawsuits filed with Chinese courts in all but four years. Historically, people's mediation has played an even larger role,... |
2022 |
| Ryan Mitchell |
THE EMERGING CHINESE MODEL OF STATIST HUMAN RIGHTS |
37 American University International Law Review 617 (2022) |
I. INTRODUCTION: COMMON HUMAN VALUES?. 617 II. HUMAN RIGHTS AND THE FORMATION OF THE CHINESE PARTY-STATE. 620 III. POST-MAOIST ENCOUNTERS WITH NEOLIBERAL RIGHTS DISCOURSE. 634 IV. THE CREATION OF THE NEW ERA PARADIGM. 648 V. IMPLICATIONS FOR THE INTERNATIONAL HUMAN RIGHTS SYSTEM. 664 VI. CONCLUSION: DEVELOPMENT OVER FREEDOM. 670 |
2022 |
| Gabriel J. Chin *, Anna Ratner ** |
THE END OF CALIFORNIA'S ANTI-ASIAN ALIEN LAND LAW: A CASE STUDY IN REPARATIONS AND TRANSITIONAL JUSTICE |
29 Asian American Law Journal 17 (2022) |
For nearly a century, California law embodied a rabid anti-Asian policy, which included school segregation, discriminatory law enforcement, a prohibition on marriage with Whites, denial of voting rights, and imposition of many other hardships. The Alien Land Law was a California innovation, copied in over a dozen other states. The Alien Land Law,... |
2022 |
| Paolo Mazza , Benjamin Ruh |
THE PERFORMANCE OF CORPORATE LEGAL INSIDER TRADING IN THE KOREAN MARKET |
71 International Review of Law & Economics Econ. 1 (September, 2022) |
Article history: Received 11 February 2022 Received in revised form 15 May 2022 Accepted 16 May 2022 Available online 23 May 2022 JEL classification: K00 K22 G14 G18 C12 C15 Keywords: Insider Korea Simulation Trader's behavior Position In this paper, we investigate the performance of corporate legal insiders in the Korean market from January 2010... |
2022 |
| Moon-hyuck Ho , Seoul National University School of Law, Seoul, Republic of Korea, e-mail: hornoon@snu.ac.kr |
THE PROBLEM OF THE DISCLOSURE OF THE DEBTOR'S ASSETS IN ENFORCEMENT PROCEEDINGS |
91 IUS Gentium 221 (2022) |
There is a saying that debtors are struggling enough to hang themselves in the judgment proceedings, and creditors in the execution proceedings. It is highly likely that the debtor will obstruct execution by hiding the assets subject to execution, or falsely transferring them to another person. Even if the debtor does not do this, it is very... |
2022 |
| Michael Omi |
THE RACIALIZATION OF ASIAN-AMERICANS IN THE UNITED STATES |
19 Hastings Race and Poverty Law Journal 169 (Summer, 2022) |
Michael Omi, co-author of the groundbreaking book Racial Formation in the United States, gave a speech at the Center for Racial and Economic Justice Conference titled, The Racialization of Asian-Americans in the United States. Featured here is a transcript of a Q&A between the moderator Carol Izumi and Omi. Professor Emeritus of Ethnic Studies at... |
2022 |
| Milan Chatterjee, Esq. |
THE SOUTH ASIAN BAR ASSOCIATION OF LAS VEGAS: A YOUNG ORGANIZATION MAKING A STRONG IMPACT |
30-AUG Nevada Lawyer 20 (August, 2022) |
The South Asian Bar Association of North America (SABA) has 29 chapters across the U.S. and Canada. SABA strengthens the rapidly growing South Asian legal community with a recognized and trusted forum for professional growth, civil rights, diversity, and inclusion, and increasing access to justice within the South Asian community. Prominent... |
2022 |
| William Chaskes |
THE THREE LAWS: THE CHINESE COMMUNIST PARTY THROWS DOWN THE DATA REGULATION GAUNTLET |
79 Washington and Lee Law Review 1169 (Summer, 2022) |
Criticism of the Chinese Communist Party (CCP) runs a wide gamut. Accusations of human rights abuses, intellectual property theft, authoritarian domestic policies, disrespecting sovereign borders, and propaganda campaigns all have one common factor: the CCP's desire to control information. Controlling information means controlling data. Lurking... |
2022 |