| Author | Title | Citation | Summary | Year |
| 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 |
| |
JAPANESE CONSTITUTIONAL LAW--MARRIAGE--JAPANESE SUPREME COURT HOLDS THAT FORCING COUPLES TO SHARE A SURNAME IS CONSTITUTIONAL.--SAIKŌ 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 |
| 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 |