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Full-Text Articles in Law
Law And Discretion In The Contemporary Chinese Courts, Margaret Y. K. Woo
Law And Discretion In The Contemporary Chinese Courts, Margaret Y. K. Woo
Margaret Y. K. Woo
This article examines the three types of judicial discretion that exists in any legal system – fact based discretion; self-interested discretion, and ideological discretion -- in the context of China. Through its procedural laws, the Chinese legal system demonstrated a continuing preference for informality and flexibility. While concept of supervision and the procedure of adjudication supervision are efforts to constrain fact-based and self-serving personal discretion, the concept of “supervision” is also a window to ensure ideological compliance in individual judicial work.
Reflections On International Legal Education And Exchanges, Margaret Y. K. Woo
Reflections On International Legal Education And Exchanges, Margaret Y. K. Woo
Margaret Y. K. Woo
No abstract provided.
The 'Worthy' Unemployed: Societal Stratification And Unemployment Insurance Programs In China And The United States, Lucy A. Williams, Margaret Y. K. Woo
The 'Worthy' Unemployed: Societal Stratification And Unemployment Insurance Programs In China And The United States, Lucy A. Williams, Margaret Y. K. Woo
Margaret Y. K. Woo
This is a comparative study of the unemployment compensation schemes in China and in the U.S. The article emphasizes how the structure of unemployment scheme can add to or detract from the view of the unemployed as “worthy” or “unworthy.”
Conclusion: Chinese Justice From The Bottom Up, Margaret Y. K. Woo
Conclusion: Chinese Justice From The Bottom Up, Margaret Y. K. Woo
Margaret Y. K. Woo
No abstract provided.
Shaping Citizenship: Chinese Family Law And Women, Margaret Y. K. Woo
Shaping Citizenship: Chinese Family Law And Women, Margaret Y. K. Woo
Margaret Y. K. Woo
Current law-and-development literature overwhelmingly urges the privatization of the economy and the establishment of a rule-of-law system, which endows citizens with rights and obligations, with the expectation that democracy and equality will inevitably follow. My research interviewing female Chinese divorce litigants about their experiences in the Chinese court system capture a much more ambiguous effect of Chinese reforms on its citizens' sense of rights and entitlements. This article looks at China's recent legal and economic reforms through the eyes of male and female divorce litigants, and examines the kinds of citizenship rights that are being promoted through the Chinese court …
Civil Justice In China: An Empirical Study Of Courts In Three Provinces, Margaret Y. K. Woo
Civil Justice In China: An Empirical Study Of Courts In Three Provinces, Margaret Y. K. Woo
Margaret Y. K. Woo
This article offers a comparative study of legal reforms among different provinces in China. China is an enormous country, and it is often easy to generalize about the status of its legal system without taking account of the economic and social variations between provinces. A case brought in Beijing may not be litigated in the same way as a case brought over a thousand miles away in Guangzhou. This study collected data from 386 case files from the intermediate courts of Hubei, Guizhou and Guangdong. It is one of the first systematic examinations of civil litigation and court procedures in …
Reaffirming Merit In Affirmative Action, Margaret Woo
Reaffirming Merit In Affirmative Action, Margaret Woo
Margaret Y. K. Woo
This article argues for reaffirming the merit in affirmative action. It emphasizes that affirmative action simply recognizes the obstacles faced by racial minorities and to weigh the merit in the process of overcoming such obstacles.
Brief Of Amici Curiae: The Leadership Conference On Civil And Human Rights, Asian American Legal Defense And Education Fund, National Aids Housing Coalition, National Economic And Social Rights Initiative, National Health Care For The Homeless Council, National Law Center On Homelessness & Poverty, Poverty & Race Research Action Council, Urban Justice Center And Wild For Human Rights In Support Of Respondents Regarding Medicaid Expansion, In The Supreme Court Of The United States, State Of Florida, Et Al., V. United States Department Of Health And Human Services, Et Al., On Writ Of Certiorari To The United States Court Of Appeals For The Eleventh Circuit, No. 11-400, Martha F. Davis, Margaret Woo, Risa E. Kaufman
Margaret Y. K. Woo
This amicus brief was filed before the Supreme Court in the Medicaid Expansion portion of the Affordable Care Act (ACA) litigation on behalf of the Leadership Conference on Civil and Human Rights and other national organizations concerned with the international human rights implications of the ACA litigation, particularly with regard to race discrimination. The brief first argues that the international context of the ACA is relevant to the Court’s consideration of the law’s constitutionality, noting the many times when Court has taken international law into account in rendering decisions. The brief then chronicles the occasions on which international bodies and …