Law Commons^™

Delaware's Global Competitiveness, William J. Moon

Faculty Scholarship

For about a hundred years, Delaware has been the leading jurisdiction for corporate law in the United States. The state, which deliberately embarked on a mission to build a haven for corporate law in the early twentieth century, now supplies corporate charters to over two thirds of Fortune 500 companies and a growing share of closely held companies. But Delaware’s domestic dominance masks the important and yet underexamined issue of whether Delaware maintains its competitive edge globally.

This Article examines Delaware’s global competitiveness, documenting Delaware’s surprising weakness competing in the emerging international market for corporate charters. It does so principally …

The New World Order Of Global Environmental Law

Maryland Carey Law

The lines dividing domestic and international law - and public and private law - are starting to blur. The result? New power for NGOs and new norms of corporate behavior in remote corners of the globe.

Waiting For Leviathan: A Note On Modern Wo'er Trading Co Ltd V Ministry Of Finance Of The People's Republic Of China, Daniel J. Mitterhoff

Faculty Scholarship

This article analyzes a Chinese bid protest that has taken nearly seven years to adjudicate, yet as of this writing, no institution of the Chinese state has evaluated the substance of the protester’s bid challenge. Instead, the supplier’s complaint has been snared in a grey area between two of China’s multiple bid protest systems, burdening the supplier to push China’s administrative state to respond. The saga of Modern Wo’Er Trading Company Ltd. v The Ministry of Finance of the People’s Republic of China raises compelling questions about the relationship of China’s 1999 Tender and Bidding Law and China’s 2002 Government …

China Under The New Leadership, Hsin-Chi Kuan

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Four Into One Platform: New Reform Initiatives Compound China's Dissected Public Procurement Governance, Daniel J. Mitterhoff

Faculty Scholarship

For over ten years now, supervision and implementation of public purchasing activities in China has largely been divided among government agencies that jealously guard their share of their regulatory pie and covet the regulatory province of other agencies. Yet vested interests are now on the defensive, as a reform process seeks to collapse the segregated regulatory regimes into a more centralized governance structure. The idea is to combine construction tendering and bidding, government procurement, public land-use auctions and public asset exchanges under one management structure called the “Public Resources Exchange Center.” Hence, some refer to the reforms as the “four …

The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana

Faculty Scholarship

As the current financial crisis spreads from country to country around the world, China’s new-found financial and political power is dominating global, financial, and political arenas. China’s recent rise to power deserves increased scrutiny as China’s experience may offer lessons and models for other countries struggling with financial chaos. These remarks begin a dialogue over the lessons that can be learned from China’ ascent to power, and considers some of implications of China’s rise. It also contrasts China’s experience with that of Western countries, who have approached financial reform from entirely different perspectives. After considering these perspectives, and providing an …

International Procurement, Howard A. Wolf-Rodda, Daniel J. Mitterhoff

Faculty Scholarship

This year in review article for 2011 focuses on developments in Chinese procurement law in the realm of socio-economic policies, most notably, policies aimed at (1) enhancing contracting opportunities for China's small and medium business, and (2) preferential treatment of domestically-developed technology products.

The Emperor's New Clothes: Intellectual Property Protections In China, Patricia E. Campbell, Michael Pecht

Journal of Business & Technology Law

No abstract provided.

China And The Future Of International Adjudication, Julian Ku

Maryland Journal of International Law

No abstract provided.

Lessons From Pfizer's Disputes Over Its Viagra Trademark In China, Daniel Chow

Maryland Journal of International Law

No abstract provided.

Bounded Legality: China's Developmental State And Civil Dispute Resolution, Margaret Y.K. Woo

Maryland Journal of International Law

No abstract provided.

B.Y.O.B. (Bring Your Own Bag): A Comprehensive Assessment Of China's Plastic Bag Policy, Mary O'Loughlin

Student Articles and Papers

On June 1, 2008, the Chinese government enacted a nationwide policy prohibiting all stores from freely distributing plastic bags to customers. This new policy requires that, henceforth, all retailers must charge a nominal fee for plastic bags and that those purchasable bags must meet certain quality requirements to improve their potential reusability. These retailers, which include everything from grocery and clothing stores to farmer’s markets and food stalls, individually determine how much to charge for their bags and get to keep all related proceeds. The policy is an effort to mitigate the “white pollution” that is choking China’s landscape, as …

Dancing With The Dragon: What U.S. Parties Should Know About Chinese Law When Drafting A Contractual Dispute Resolution Clause, Marcus Wang

Student Articles and Papers

This paper draws on scholarly and field research in both the United States and China to present a legal and practical primer for U.S. parties entering the Chinese marketplace.

As China's role in the global economy becomes more prominent, American companies are finding that doing business in China is necessary to retaining a competitive edge. As the number of transactions between American and Chinese companies increases, however, the number of potential disputes increases correspondingly. Unique legal and practical circumstances in China require a China-specific approach to managing such disputes.

The paper identifies one such approach – the use of a …

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 …

An Analysis Of The Sino-Japanese Dispute Over The T'Iaoyutai Islets (Senkaku Gunto), Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Diaoyutai/Senkaku Islands Dispute: Its History And An Analysis Of The Ownership Claims Of The P.R.C., R.O.C., And Japan, Han-Yi Shaw

Maryland Series in Contemporary Asian Studies

No abstract provided.

Chinese Patent Law And Patent Litigation In China, Xiang Wang

Maryland Series in Contemporary Asian Studies

No abstract provided.

Should Taiwan Be Admitted To The United Nations?, Hungdah Chiu

Congressional Testimony

No abstract provided.

Taiwan: The National Affairs Council And Implications For Democracy, Hungdah Chiu

Congressional Testimony

No abstract provided.

Chinese Views On The Sources Of International Law, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure

Maryland Series in Contemporary Asian Studies

No abstract provided.

The 1982 Chinese Constitution And The Rule Of Law, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Legal System And Criminal Responsibility Of Intellectuals In The People's Republic Of China, 1949-1982, Carlos Wing-Hung Lo

Maryland Series in Contemporary Asian Studies

No abstract provided.

Legal Problems Of Seabed Boundary Delimitation In The East China Sea, Ying-Jeou Ma

Maryland Series in Contemporary Asian Studies

This book is the first comprehensive study of the complex problems of boundary delimitations in the East China Sea that involves four coastal states, namely Korea, Japan, the Republic of China (ROC) and the People's Republic of China (PRC).

Socialist Legalism: Reform And Continuity In Post-Mao People's Republic Of China, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Chinese Law And Justice: Trends Over Three Decades, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Foreign Commercial Dispute Settlement In The People's Republic Of China, Sally Lord Ellis, Laura Shea

Maryland Journal of International Law

No abstract provided.

China's New Criminal & Criminal Procedure Codes, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

A Comparative Study Of Judicial Review Under Nationalist Chinese And American Constitutional Law, Jyh-Pin Fa

Maryland Series in Contemporary Asian Studies

No abstract provided.

Legal Aspects Of The Normalization Process: Selected Issues [And Comments], Mark B. Feldman, Robert Dole, John Glenn

Maryland Journal of International Law

No abstract provided.