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Articles 1 - 30 of 242
Full-Text Articles in Law
Gambling In Territorial Hawaii, Robert M. Jarvis
Gambling In Territorial Hawaii, Robert M. Jarvis
University of Pennsylvania Asian Law Review
This article collects and discusses gambling cases decided during Hawaii’s territorial period (1898–1959). Previous commentators have overlooked these decisions, even though they provide a rich source of information about life during this distinct period of Hawaii’s history.
Freedom Of Contract And M&A Termination Fees: Peculiar Case Of South Korea Vs. United States, Joseph Cho
Freedom Of Contract And M&A Termination Fees: Peculiar Case Of South Korea Vs. United States, Joseph Cho
University of Pennsylvania Asian Law Review
This manuscript offers a comprehensive survey of the liquidated damages regimes in the Republic of Korea and the United States, specifically within the framework of corporate mergers and acquisitions. In the Republic of Korea, liquidated damages play a crucial role in pre-estimating potential damages arising from contract breaches, offering numerous benefits such as reducing the creditor’s evidentiary burden and fostering contractual compliance. Notably, the Korean Civil Code provides checks against excessive predetermined damages. In contrast, the U.S. perspective is enriched by a series of case laws, emphasizing the compensatory intent of liquidated damages. A comparative analysis reveals intriguing intersections between …
Regulating The Unregulated: The Beginning Of The End Of A Laissez-Faire Era Of The Crypto "Wild West", Bo Hyun Kim
Regulating The Unregulated: The Beginning Of The End Of A Laissez-Faire Era Of The Crypto "Wild West", Bo Hyun Kim
University of Pennsylvania Asian Law Review
The crypto market has been left largely unregulated on a global scale for over a decade. 1 Recently, multiple jurisdictions are aligning efforts to tame the increasingly volatile crypto “Wild West” as evidenced by the influx of forthcoming legislations, consultations between operators and regulators, and regulatory crackdowns. 2 A cross-comparative analysis of the regulatory framework in the United States, the European Union, and Korea indicates that the proposed scopes of legislations cover an expansive breadth of assets. However, there are further needs for supplementary regulations following the enactment of the newly proposed regulations to close certain critical gaps that remain …
An Absent "No" Is Not A "Yes": A Legal Analysis Of Consent In Japan's Amended Penal Code And International Rape Legislation Standards, Larissa Truchan
An Absent "No" Is Not A "Yes": A Legal Analysis Of Consent In Japan's Amended Penal Code And International Rape Legislation Standards, Larissa Truchan
University of Pennsylvania Asian Law Review
On June 16, 2023, the Japanese government passed a law to partially amend the Penal Code that explicitly outlines eight scenarios prosecutable as the crime of rape that make “it difficult for the victim to form, express, or fulfill the intention not to consent.” This article will reveal that the June 2023 amendment does not criminalize all “non-consensual sexual intercourse,” as its text suggests, but is premised on defining coercive circumstances that may interfere with a victim’s presumed duty to demonstrate their “intention not to consent.” As a result, Japanese courts will continue to possess the subjective power to determine …
Vietnam's "Entire People Ownership" Of Land: Theory And Practice, Phan Trung Hien, Hugh D. Spitzer
Vietnam's "Entire People Ownership" Of Land: Theory And Practice, Phan Trung Hien, Hugh D. Spitzer
University of Pennsylvania Asian Law Review
The Constitution of Vietnam declares that “[t]he Socialist Republic of Vietnam State is a socialist rule of law State of the People, by the People, and for the People.” It also states that land is “under ownership by the entire people represented and uniformly managed by the State.” This means the entire people of Vietnam are collective landowners and the Vietnam State is their “representative.” Given that, how might the public execute its real ownership—rather than treating “people’s ownership” as just a slogan? This article analyzes the gaps in theory and practice in Vietnam, a country with a robust market …
Deconstructing The Decolonizing Plot Of The Tydings-Mcduffie Act: A Review Of America's International Relations In Asia In The Early Twentieth Century, Alvin Hoi-Chun Hung
Deconstructing The Decolonizing Plot Of The Tydings-Mcduffie Act: A Review Of America's International Relations In Asia In The Early Twentieth Century, Alvin Hoi-Chun Hung
University of Pennsylvania Asian Law Review
The Tydings-McDuffie Act was enacted in 1934 to establish a designated path for the Philippines, then an American colony, to become independent after a ten-year transition period. This article looks into the macro-environment of the Asia-Pacific region in the 1930s regarding the impact of the Soviet Union, the Republic of China, the Shōwa empire of Japan, and its puppet state “Manchukuo” in China, embedded within the innumerable socio-political and economic conflicts between the U.S. and the Philippines. The Tydings-McDuffie Act is critically examined to assess its underlying decolonizing plot of the political and economic relationship between the U.S. and the …
Prevention Of Judicial Corruption In Bangladesh: Cutting The Gordian Knot By Ensuring Accountability, S M Solaiman
Prevention Of Judicial Corruption In Bangladesh: Cutting The Gordian Knot By Ensuring Accountability, S M Solaiman
University of Pennsylvania Asian Law Review
Judicial corruption has eaten away at good governance in Bangladesh for decades, hindering its ambition to attain the United Nations Sustainable Development Goals (“SDGs”) and taking advantage of the absence of any effective accountability mechanism. The magnitude of corruption is so intense that the successive Chief Justices, Attorneys-General, local, and international anti-corruption organizations, and even the Supreme Court of Bangladesh (“SCB”) itself in a judgment have forthrightly admitted the prevalence of judicial corruption. The malpractice does profoundly undermine the rule of law and infringe on the people’s right to fair trial. Corruption is on the rise in the country as …
Intellectual Property Legislation Holism In China, Taorui Guan
Intellectual Property Legislation Holism In China, Taorui Guan
University of Pennsylvania Asian Law Review
No abstract provided.
Regulating Recruitment: Migration, Criminalization, And Compounded Informality, Shikha Silliman Bhattacharjee
Regulating Recruitment: Migration, Criminalization, And Compounded Informality, Shikha Silliman Bhattacharjee
University of Pennsylvania Asian Law Review
No abstract provided.
Mixed Jurisdiction Law Beyond The Purported Common Law-Civil Law Dichotomy: The Property Endowment In Iran, Markus G. Puder
Mixed Jurisdiction Law Beyond The Purported Common Law-Civil Law Dichotomy: The Property Endowment In Iran, Markus G. Puder
University of Pennsylvania Asian Law Review
No abstract provided.
Babies And Individual Income Tax: How To Boost China's Fertility, Alex Ang Gao
Babies And Individual Income Tax: How To Boost China's Fertility, Alex Ang Gao
University of Pennsylvania Asian Law Review
Winner of THE 2023 PAMELA DALEY PRIZE, to the graduating student writing the best paper in the field of tax law.
Convertible Equity In The Japanese Startup Ecosystem, A. Reid Monroe-Sheridan
Convertible Equity In The Japanese Startup Ecosystem, A. Reid Monroe-Sheridan
University of Pennsylvania Asian Law Review
No abstract provided.
A Reader’S Guide To Legal Orientalism, Teemu Ruskola
A Reader’S Guide To Legal Orientalism, Teemu Ruskola
All Faculty Scholarship
My book Legal Orientalism: China, the United States, and Modern Law (Harvard University Press 2013) was published in translation in China in 2016. This essay analyzes the Chinese reception of this book. Originally addressed to a North American readership, Legal Orientalism examines critically the asymmetric relationship in which Euro-American law and Chinese law stand to one another, the former regarding itself as an embodiment of universal values while viewing the latter’s as culturally particular ones. The essay explores what happens when a “Western” work of self-criticism is transmitted to an “Eastern” audience. In this context, it analyzes the politics of …
Development Of China's Trade Secrets Law In The Us' Shadow: Negative Consequences For China And Suggestions, Yang Chen
University of Pennsylvania Asian Law Review
No abstract provided.
Models Of Human Rights And Counter-Terrorism: Disabling The Terror Franchise In Southern Thailand, Mark D. Kielsgard
Models Of Human Rights And Counter-Terrorism: Disabling The Terror Franchise In Southern Thailand, Mark D. Kielsgard
University of Pennsylvania Asian Law Review
No abstract provided.
Vote By Blood: The Perpetuating Function Of Proxies In Japanese Nationality Law, Andrew Masaru Orita
Vote By Blood: The Perpetuating Function Of Proxies In Japanese Nationality Law, Andrew Masaru Orita
University of Pennsylvania Asian Law Review
No abstract provided.
Director Liability Framework During Borderline Insolvency And Corporate Failure In India, M P Ram Mohan, Urmil Shah
Director Liability Framework During Borderline Insolvency And Corporate Failure In India, M P Ram Mohan, Urmil Shah
University of Pennsylvania Asian Law Review
No abstract provided.
China's Approach To Central Bank Digital Currency: Selectively Reshaping International Financial Order?, Heng Wang
University of Pennsylvania Asian Law Review
No abstract provided.
Economic Challenges And Prison Renovation In Reform China, Mao-Hong Lin
Economic Challenges And Prison Renovation In Reform China, Mao-Hong Lin
University of Pennsylvania Asian Law Review
No abstract provided.
The Curse Of The Lecherous Spiritual Charlatans: Law, Moral Panic And Newspaper Reports Of Rape By Religious Fraud In Taiwan, Jianlin Chen, Shao Yuan Chong
The Curse Of The Lecherous Spiritual Charlatans: Law, Moral Panic And Newspaper Reports Of Rape By Religious Fraud In Taiwan, Jianlin Chen, Shao Yuan Chong
University of Pennsylvania Asian Law Review
No abstract provided.
An Empirical Study Of Values Of Law Students In South Korea: Does 'Americanized' Legal Education Impact Their Confucian Ethics?, Richard Wu, Jaewon Kim
An Empirical Study Of Values Of Law Students In South Korea: Does 'Americanized' Legal Education Impact Their Confucian Ethics?, Richard Wu, Jaewon Kim
University of Pennsylvania Asian Law Review
No abstract provided.
Workforce Equality: The Constitutional Conception Of Educational Equality In Mao-Era China, Mengyun Ma
Workforce Equality: The Constitutional Conception Of Educational Equality In Mao-Era China, Mengyun Ma
University of Pennsylvania Asian Law Review
No abstract provided.
Focus On China: The Expansive Use Of National Security Measures To Address Economic Competitiveness Concerns, Stephen Kho, Yujin K. Mcnamara
Focus On China: The Expansive Use Of National Security Measures To Address Economic Competitiveness Concerns, Stephen Kho, Yujin K. Mcnamara
University of Pennsylvania Asian Law Review
No abstract provided.
Formality, Freedom Of Contract, And China's New Civil Code: A Legal Reform Recommendation For Land Sale Contracts, Wei Wen
University of Pennsylvania Asian Law Review
No abstract provided.
Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.
Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.
All Faculty Scholarship
This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms of …
Miranda In Taiwan: Why It Failed And Why We Should Care, Shih-Chun Steven Chien
Miranda In Taiwan: Why It Failed And Why We Should Care, Shih-Chun Steven Chien
University of Pennsylvania Asian Law Review
No abstract provided.
Pound For Pound? Roscoe Pound's Adventures In China And Questions They Pose For Scholars Of Contemporary China, William P. Alford, Xingzhong Yu
Pound For Pound? Roscoe Pound's Adventures In China And Questions They Pose For Scholars Of Contemporary China, William P. Alford, Xingzhong Yu
University of Pennsylvania Asian Law Review
No abstract provided.