Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- SelectedWorks (16)
- University of Denver (7)
- Selected Works (4)
- University of Michigan Law School (4)
- U.S. Naval War College (3)
-
- University of Colorado Law School (2)
- Case Western Reserve University School of Law (1)
- Columbia Law School (1)
- Fordham Law School (1)
- George Washington University Law School (1)
- Mississippi College School of Law (1)
- Montclair State University (1)
- St. Mary's University (1)
- UC Law SF (1)
- University of Florida Levin College of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- Western New England University School of Law (1)
- Yeshiva University, Cardozo School of Law (1)
- Publication
-
- Human Rights & Human Welfare (7)
- Faculty Scholarship (4)
- Jianlin Chen (4)
- International Law Studies (3)
- Dean Lhospital (2)
-
- Debra J Reed (2)
- Michigan Law Review (2)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (2)
- Cardozo Life (1)
- Department of Political Science and Law Faculty Scholarship and Creative Works (1)
- Derek Bambauer (1)
- Faculty Articles (1)
- Faculty Publications (1)
- Fernando Villaseñor Rodríguez (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- GW Law Faculty Publications & Other Works (1)
- Henry C Cheng (1)
- Jackson Nyamuya Maogoto (1)
- Journal Articles (1)
- Mark C Modak-Truran (1)
- Mary Szto (1)
- Matthew Adam Bruckner (1)
- Michigan Law Review First Impressions (1)
- Michigan Telecommunications & Technology Law Review (1)
- Patricia Ross McCubbin (1)
- Prof. Eric Heinze, Queen Mary University of London (1)
- Ron Harris (1)
- Susan W Tiefenbrun (1)
- UF Law Faculty Publications (1)
- marisa pagnattaro (1)
- Publication Type
Articles 1 - 30 of 48
Full-Text Articles in Law
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Made In China: How Chinese Counterfeits Are Creating A National Security Nightmare For The United States, Laura C. Nastase
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Is Labor Really "Cheap" In China? Compliance With Labor And Employment Laws, Marisa Anne Pagnattaro
Is Labor Really "Cheap" In China? Compliance With Labor And Employment Laws, Marisa Anne Pagnattaro
marisa pagnattaro
Abstract: This article details China’s the growing body of labor and employment laws. Specifically, this research analyzes major labor and employment law developments in China, including the newly adopted Labor Contract Law, employment discrimination sexual harassment, wages, workplace health and safety, worker privacy, and dispute resolution. The ramifications of this developing legal landscape on U.S. companies doing business in China are also discussed.
Public Awareness Of Human Rights: Distortions In The Mass Media, Eric Heinze, Rosa Freedman
Public Awareness Of Human Rights: Distortions In The Mass Media, Eric Heinze, Rosa Freedman
Prof. Eric Heinze, Queen Mary University of London
This article examines distortions of human rights reporting in the mass media. We examine human rights coverage in four of the most influential newspapers, two from the US and two from the UK. The US papers are The New York Times and The Wall Street Journal. The British papers are The Financial Times and The Guardian.
Most current scholarship on international human rights draws its information from specialized sources, such as the published reports of intergovernmental and non-governmental organisations. Wholly absent has been any systematic study of the mass media. To date, no one has examined the dominant media agencies, …
Gender And The Chinese Legal Profession In Historical Perspective: From Heaven And Earth To Rule Of Woman?, Mary Szto
Mary Szto
This article first discusses the current phenomenon of women judges and male lawyers in China. Many women have joined the ranks of the Chinese judiciary because this is considered a stable job conducive to caring for one’s family, as opposed to being a lawyer, which requires business travel and heavy client entertaining. I then trace this phenomenon to ancient views of Heaven, earth, gender and law in China. In this yin/yang framework, men had primary responsibility for providing sustenance for both this life and the life to come and women were relegated to the “inner chambers”. Also, law was secondary …
The Perils Of Foreign Contracating In China, Debra J. Reed
The Perils Of Foreign Contracating In China, Debra J. Reed
Debra J Reed
QUESTION PRESENTED
Whether a business contract executed between a foreign party and a Chinese party is enforceable in the courts of the People’s Republic of China?
BRIEF ANSWER
Probably not. Foreign party reliance on Chinese courts to enforce their contracts is premature because China is not yet a rule of law country. Chinese courts do not exercise judicial independence. Political domination by the Chinese Communist Party, CCP, over the courts, and Chinese local protectionism both influence the outcome of cases. Moreover, the Chinese legal system is wrought with corruption. Because inexperienced judges adopt new laws at varying speeds and apply …
Electronic Contracting In China, Debra J. Reed
Electronic Contracting In China, Debra J. Reed
Debra J Reed
QUESTION PRESENTED
Whether an electronically signed business contract between a Chinese and foreign party is legally valid under the 2005 Electronic Signature Law of the People’s Republic of China and is enforceable in China’s courts?
BRIEF ANSWER
An electronically signed business contract between a Chinese and foreign party is legally valid under the 2005 Electronic Signature Law of the People’s Republic of China, PRC. Statutorily, Chinese law enables electronic contracting by giving the same legal force to electronic signatures and data messages, as to traditional ink signatures and paper documents. Lack of payment systems, high costs to businesses of adopting …
Guiding The Censor’S Scissors: A Framework To Assess Internet Filtering, Derek E. Bambauer
Guiding The Censor’S Scissors: A Framework To Assess Internet Filtering, Derek E. Bambauer
Derek Bambauer
While China’s Internet censorship receives considerable attention, censorship in the United States and other democratic countries is largely ignored. The Internet is increasingly fragmented by states’ different value judgments about what content is unacceptable. States differ not in their intent to censor material – from political dissent in Iran to copyrighted songs in America – but in the content they target, how precisely they block it, and how involved their citizens are in these choices. Previous scholars have analyzed Internet censorship from various values-based perspectives, and have sporadically addressed key principles such as openness, transparency, narrowness, and accountability in evaluating …
Gendercide And The Cultural Context Of Sex Trafficking In China, Susan W. Tiefenbrun, Susan W. Tiefenbrun
Gendercide And The Cultural Context Of Sex Trafficking In China, Susan W. Tiefenbrun, Susan W. Tiefenbrun
Susan W Tiefenbrun
Abstract:Gendercide and the Cultural Context of Sex Trafficking in China
By Susan Tiefenbrun and Christie Edwards
Women in China are bought and sold, murdered and made to disappear in order to comply with a strict government One Child Policy that coincides with the cultural tradition of male-child preference and discrimination against women. Everyday “500 female suicides” occur in China because of “violence against women and girls, discrimination [against women] in education and employment, the traditional preference for male children, the country’s birth limitation policies, and other societal factors…” As a result of a widespread and arguably systematic disappearance and death …
Encroachment On Navigational Freedoms, Raul (Pete) Pedrozo
Encroachment On Navigational Freedoms, Raul (Pete) Pedrozo
International Law Studies
No abstract provided.
China And The Law Of The Sea: An Update, Guifang Xue
China And The Law Of The Sea: An Update, Guifang Xue
International Law Studies
No abstract provided.
The Unvarnished Truth: The Debate On The Law Of The Sea Convention, William L. Schachte Jr.
The Unvarnished Truth: The Debate On The Law Of The Sea Convention, William L. Schachte Jr.
International Law Studies
No abstract provided.
The Medium Of Exchange Paradigm: A Fresh Look At Compensated Live-Organ Donation, Dean Lhospital
The Medium Of Exchange Paradigm: A Fresh Look At Compensated Live-Organ Donation, Dean Lhospital
Dean Lhospital
For over twenty years, human live-organ sales have been banned in the United States and most of the rest of the world. Observations and data arising from black market transactions and the few legal markets for organs suggest that permitting and regulating organ sales leads to more humane conditions than outlawing sales. Despite the data, opponents of organ sales still argue that selling human organs devalues human life. This article examines the panoply of organ markets – white, grey, and black – and identifies the source of this cognitive dissonance. Recognizing that there is a fundamental paradox in ethical objections, …
Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott
Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: J. Michael Scott, U.S. Geological Survey, Idaho Cooperative Fish and Wildlife Research Unit, University of Idaho
38 slides
Slides: Protecting Biodiversity Through Ecosystem Services, Barton "Buzz" Thompson
Slides: Protecting Biodiversity Through Ecosystem Services, Barton "Buzz" Thompson
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Barton “Buzz” Thompson, Perry L. McCarty Director, Woods Institute for the Environment, Stanford University Law School
14 slides
May Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
"China's Olympic Delusion" by Jeffrey N. Wasserstrom. Nation. March 19, 2008.
Sport And Politics, Christine Bell
Sport And Politics, Christine Bell
Human Rights & Human Welfare
I found the reflection interesting, but unsurprising. Protestors use the Olympic spotlight (or should we say torch?) to shine on China’s flaws, and China tries to re-direct or extinguish its beams.
"Instant Karma": How Globalization Contests China's Abuses, Alison Brysk
"Instant Karma": How Globalization Contests China's Abuses, Alison Brysk
Human Rights & Human Welfare
China’s rise from impoverished backwater to prospective superpower has been accompanied by the repression of tens of millions of its own people, at the hands of a nationalist, developmentalist government. Under contemporary conditions of globalization, suppression of civil liberties, domination of ethnic minorities, and unholy alliances with resource-rich dictatorships are no longer plausible requisites of this model—if they ever were. The broadening and deepening of economic globalization towards a more sustainable complex of political influence involves “soft power,” including international reputation and norms. Thus, China’s Olympian reach for true hegemony provides the best chance for human rights advocates to weave …
Seductions Of Imperialism: Incapacitating Life, Fetishizing Death And Catastrophizing Ecologies, Anna M. Agathangelou
Seductions Of Imperialism: Incapacitating Life, Fetishizing Death And Catastrophizing Ecologies, Anna M. Agathangelou
Human Rights & Human Welfare
“China’s Olympic Delusion” is a great piece which gestures to the ironies and/or contradictions of political systems in bed with imperialist-capitalism as we know it at this time: the tensions between a dominant idea that liberal democracy is the best political system to pay attention to and address human rights, and capitalism with no limits, can go hand-in-hand. This is merely the delusion, and also the fantasy, that keeps “us” (i.e., citizens, intellectuals etc) put, and from thinking critically.
Beijing's Olympics: Pride, Appearance And Human Rights, Thomas Beal
Beijing's Olympics: Pride, Appearance And Human Rights, Thomas Beal
Human Rights & Human Welfare
One lazy summer evening in Beijing, about fifteen years ago, my wife and I were strolling down Jianguomenwai, the bustling street adjacent to our flat in the Qijiayuan Diplomatic Compound. The day had been sweltering, and as the sun began to set the sidewalks filled with pedestrians who, like us, had escaped their stuffy apartments to take in a cool, soothing breeze.
The Olympic Spotlight: The Beijing Games And China As A Future World Leader, Eric A. Heinze
The Olympic Spotlight: The Beijing Games And China As A Future World Leader, Eric A. Heinze
Human Rights & Human Welfare
According to Jeffrey Wasserstrom’s article, if the Chinese think they can censor the Olympics, and the political showcasing that will almost certainly accompany them, they are sorely mistaken. I am persuaded by the thrust of this argument. I just hope that as China vies for global leadership and influence, whatever truths the Olympic spotlight reveals about its potential in this regard are more farcical than tragic.
Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman
Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman
Michigan Law Review
This Review proceeds in four parts. Part I describes West's account of scandal in Japan and the United States and explores some of the ramifications of his account. Part II examines the formation of scandal in contemporary China. Part III compares scandal in China with West's conclusions about scandal in Japan and the United States. Part IV discusses defamation litigation in China, with a view to adding further comparative insight to West's discussion of Japanese libel suits.
China’S New Anti-Monopoly Law: Big Trouble In Little China?, Henry C. Cheng
China’S New Anti-Monopoly Law: Big Trouble In Little China?, Henry C. Cheng
Henry C Cheng
China’s New Anti-monopoly Law: Big Trouble in Little China? addresses China’s new Anti-Monopoly Law (“AML”) that became effective in August 2008, specifically the implications of provisions related to China’s state-owned enterprises ("SOEs"). It explores the legislative history of the AML and provides interpretations of the pertinent provisions.
In addition, the article is the first to synthesize competition laws from the U.S. and the European Community in order to apply them in another country. To achieve that, the author embarked on a comprehensive research on the development of competition laws in the US and the EC. There has been no work …
Why Brazil Has Not Grown: A Comparative Analysis Of Brazilian, Indian, And Chinese Economic Management, Fernando Ferrari, Anthony Petros Spanakos
Why Brazil Has Not Grown: A Comparative Analysis Of Brazilian, Indian, And Chinese Economic Management, Fernando Ferrari, Anthony Petros Spanakos
Department of Political Science and Law Faculty Scholarship and Creative Works
This paper does not aim to dispute that Brazil would benefit from reforms in any or all of these areas. Rather, the paper offers a skeptical perspective on reform menus and proposes an alternative explanation for the faster growth of Brazil’s peers India and China2. The paper begins by introducing (section 1) the idea of the BRICs countries, to establish the basis for comparisons of most similar cases. It then surveys the results of a generation of Washington Consensus era growth (section 2). Although there is a considerable amount of divergence over what causes growth, it seems that something approaching …
The Dark Side Of Labor In China, Karine Lepillez
The Dark Side Of Labor In China, Karine Lepillez
Human Rights & Human Welfare
With a population of 1.3 billion and a gross domestic product growing at an impressive rate of 10 percent per year, China has quickly become one of the largest contributors to the global market. Deng Xiaoping’s reforms of the late 1970s and early 1980s vastly improved the country’s standard of living and made economic development possible; unfortunately, China’s remarkable growth has a dark side: the forced labor of men, women and children. The country’s unique combination of Communist ideology and decentralized economic power has contributed to the use of both state-sanctioned and unsanctioned forced labor, the latter of which is …
A U.S.-China Partnership To Protect Our Climate, Thomas P. Lyon
A U.S.-China Partnership To Protect Our Climate, Thomas P. Lyon
Michigan Law Review First Impressions
Climate change is an environmental problem of global dimensions, but we lack a system of international law that can impose a coordinated response. Bilateral agreements between key nations may present a solution. A partnership between the United States and China to develop technology for carbon capture and sequestration offers hope for mitigating the climate impacts of China’s rapidly growing number of coal-burning electric power plants.
Making Much Ado About Theory: The Chinese Trademark Law, Leah Chan Grinvald
Making Much Ado About Theory: The Chinese Trademark Law, Leah Chan Grinvald
Michigan Telecommunications & Technology Law Review
Although the United States has had an active hand in the implementation of trademark law in China over the past century, the same frustrations that marked the turn of the twentieth century are reflected in the twenty-first century. This Article posits that one of the reasons that the United States has not seen the desired level of progress in China's protection of trademarks lies in the imposition of an American theory of trademarks, which has inhibited U.S. reform efforts in China to date. This imposition is understandable, as little thought has been given to the Chinese theoretical justification for their …
"Think Glocal, Act Glocal": The Praxis Of Social Justice Lawyering In The Global Era, Lauren Carasik
"Think Glocal, Act Glocal": The Praxis Of Social Justice Lawyering In The Global Era, Lauren Carasik
Faculty Scholarship
Millions of people in the world struggle to survive in extreme economic deprivation, and deteriorating conditions have highlighted the failure of international development policies to "lift all boats." The complex and globalized context of poverty compels social justice lawyers to innovate transnational advocacy strategies, expanding human rights norms as part of those efforts. This Article suggests a cross-border, collaborative advocacy model for clinical education. The model is premised on theories of global interconnectedness that integrate progressive lawyering, social change theory and anti-poverty work in the global era, thereby contributing to the discourse about and praxis of combating international economic injustice. …
The Challenge Of Chinese Environmental Law, Robert V. Percival
The Challenge Of Chinese Environmental Law, Robert V. Percival
Faculty Scholarship
China faces some of the most difficult environmental problems in the world as rapid industrial growth has produced horrendous air and water pollution. How China’s government responds to these challenges will have profound effects on the global environment. This essay discusses how Chinese environmental laws are evolving to cope with these problems and the severe obstacles that Chinese authorities face. It notes that the highly decentralized nature of China’s system of environmental laws makes it difficult for the central government to implement and enforce the laws. The essay concludes that, despite some progress, the lack of an independent judiciary and …
The Medium Of Exchange Paradigm: A Fresh Look At Compensated Live-Organ Donation, Dean Lhospital
The Medium Of Exchange Paradigm: A Fresh Look At Compensated Live-Organ Donation, Dean Lhospital
Dean Lhospital
For over twenty years, human live-organ sales have been banned in the United States and most of the rest of the world. Observations and data arising from black market transactions and the few legal markets for organs suggest that permitting and regulating organ sales leads to more humane conditions than outlawing sales. Despite the data, opponents of organ sales still argue that selling human organs devalues human life. This article examines the panoply of organ markets – white, grey, and black – and identifies the source of this cognitive dissonance. Recognizing that there is a fundamental paradox in ethical objections, …
From Star Wars To Space Wars—The Next Strategic Frontier: Paradigms To Anchor Space Security, Jackson N. Maogoto, Steven Freeland
From Star Wars To Space Wars—The Next Strategic Frontier: Paradigms To Anchor Space Security, Jackson N. Maogoto, Steven Freeland
Jackson Nyamuya Maogoto
Military blueprints by major space-faring powers now encapsulate concepts of ‘space support’ and ‘force enhancement’ which point to a central role of space assets in facilitating military operations while notions of ‘space control’ and ‘force application’ suggest the weaponization of space, and the putative view that space may in the near future be a theatre of military operations. As defence goals increasingly focus on space as the final frontier evident in development of national missile defence systems, anti-satellite weapons and other space-based systems, international peace and security faces a new challenge. Creators of the current legal regime for space failed …