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Articles 1 - 30 of 32
Full-Text Articles in Law
How Animal Science Products, Inc. Plays A Role In The China And U.S. International Relations Saga, Tessa V. Mears
How Animal Science Products, Inc. Plays A Role In The China And U.S. International Relations Saga, Tessa V. Mears
University of Miami Inter-American Law Review
“How Animal Science Products, Inc. Plays a Role in the China and U.S. International Relations Saga” takes a look at a June 2018 Supreme Court decision that ruled federal courts are not bound to defer to a foreign government’s interpretation of its own law. This paper discusses the pros and cons of absolute deference to foreign governments in these instances, in addition to examining the effectiveness of foreign amicus briefs in antitrust cases before the Supreme Court. This paper finishes with a discussion on the current state of international relations China and the U.S., with a summary of where the …
Puff Puff Pass The Legislation: A Comparison Of E-Cigarette Regulations Across Borders, Rachel E. Zarrabi
Puff Puff Pass The Legislation: A Comparison Of E-Cigarette Regulations Across Borders, Rachel E. Zarrabi
Journal of the National Association of Administrative Law Judiciary
This comment explores the types of legislation, approaches to regulating e-cigarettes, and analyzes whether the FDA’s campaign and current regulations are effective. So far, it appears that the United States is ahead of the game with its new, aggressive proposal for regulating e-cigarettes. The FDA is standing against the companies and products that target youthful consumers. Most countries acknowledge the gaps in current scientific research regarding the long-term health risks of vaping, and some are waiting to take a legislative stance until it is clearer which side of the health line e-cigarettes fall. Section II of this comment discusses the …
International Legal Protection Of Trademarks In China, Robert H. Hu
International Legal Protection Of Trademarks In China, Robert H. Hu
Robert Hu
In China, the concept of intellectual property is relatively new. Chinese officials began taking steps towards trademark regulations in the 1950s, but it was not until 1982 that the first Chinese Trademark Law was enacted. Today, because of the growing global economy, China has had the highest number of trademark requests in the world for the fifth year in a row. In response to domestic and international pressures, Chinese trademark law and courts have had to adapt to the ever-changing landscape. This article first examines the development of Chinese intellectual property law through the international trademark agreements where China is …
Educating Strategic Lieutenants At West Point, Scott A. Silverstone
Educating Strategic Lieutenants At West Point, Scott A. Silverstone
The US Army War College Quarterly: Parameters
This article argues West Point responded to the changing strategic environment from the end of the Cold War through the post-9/11 period by innovating its curriculum. Over the past several decades, however, the academy’s educational model has remained remarkably stable, rooted in an enduring commitment to a rigorous liberal education as the best preparation for officers confronting the inherent uncertainties of future wars.
Seeing Like An Authoritarian State, Cristie Ford
Seeing Like An Authoritarian State, Cristie Ford
All Faculty Publications
The Social Credit System (SCS), as proposed in China, provokes an interesting philosophical question. Can human behaviour be moulded to create a better, fairer society by awarding ‘credit’ to those who behave in ways seen as positive by some broad-based authority, in this case, the state? Is the SCS a promising idea for developing a well-functioning society under conditions of complexity and diversity, or is it a massive exercise in government control over virtually all aspects of citizens’ lives?
Reassessing The Quality Of Government In China, Margaret Boittin, Greg Distelhorst, Francis Fukuyama
Reassessing The Quality Of Government In China, Margaret Boittin, Greg Distelhorst, Francis Fukuyama
Margaret Boittin
How should the quality of government be measured across disparate national contexts? This study develops a new approach using an original survey of Chinese civil servants and a comparison to the United States. We surveyed over 2,500 Chinese officials on two organizational features of their bureaucracies: meritocracy and individual autonomy. They report greater meritocracy than U.S. federal employees in almost all American agencies. China's edge is smaller in autonomy. Differences between the U.S. and China diminish, but do not disappear, after adjusting for respondent demographics. The meritocracy gap is also robust to excluding the Chinese respondents most likely to be …
Comparing The International Commercial Courts Of China With The Singapore International Commercial Court, Zhengxin Huo, Yip Man
Comparing The International Commercial Courts Of China With The Singapore International Commercial Court, Zhengxin Huo, Yip Man
Research Collection Yong Pung How School Of Law
The article critically reviews the litigation framework of the Chinese International Commercial Court("CICC') using a comparative approach, taking as a benchmark the Singapore International Commercial Court ("SICC')--another Asian international commercial court situated within the Belt and Road Initiative ("BRI') geography. It argues that the CICC, despite being lauded as a visionary step toward an innovative, efficient and trustworthy dispute resolution system, does not live up to those grand claims on closer scrutiny. The discussion shows that the CICC is in many respects insular and conservative when compared with the SICC. The distinctions between the two litigation frameworks may be explained …
The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining
The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining
Pace Law Review
This Article is delimited by a focus on international law scholarship during the late Mao era, not on the PRC’s actual approach to or pronouncements on international law, mainly in order to respond directly to the assertion of U.S.-based international law scholars on late Mao-era scholarship. Of course, considerable ambiguity surrounds what constitutes scholarly work; no legal or even consensus definition generally exists. To be clear, definitions might exist in specific contexts such as the Foreign Agents Registration Act (“FARA”) of the United States, which prohibits foreign lobbying except for “bonafide religious, scholastic, academic or scientific pursuits or the fine …
Off With Their Heads! How China's Controversial Human Head-Transplant Procedure Exceeds The Parameters Of International Ethical Standards In Human Experimentation, Deena Agamy
Georgia Journal of International & Comparative Law
No abstract provided.
China's Rule Of Law From A Private International Law Perspective, King Fung Tsang
China's Rule Of Law From A Private International Law Perspective, King Fung Tsang
Georgia Journal of International & Comparative Law
No abstract provided.
The Challenges Of Water Governance (And Privatization) In China; Normative Traps, Gaps, And Prospects, Xu Qian
Georgia Journal of International & Comparative Law
No abstract provided.
The Chinese Law Of Secured Transactions In Personal Property At A Crossroads: An Analysis And Suggestions, Boris Kozolchyk
The Chinese Law Of Secured Transactions In Personal Property At A Crossroads: An Analysis And Suggestions, Boris Kozolchyk
University of Miami International and Comparative Law Review
No abstract provided.
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 10, 25th Anniversary Issue) (May 2019), Roger Williams University School Of Law
RWU Law
No abstract provided.
Building Safe, Secure And Sustainable Futures In The South China Sea, Michelle Mei Ling Lim
Building Safe, Secure And Sustainable Futures In The South China Sea, Michelle Mei Ling Lim
Research Collection Yong Pung How School Of Law
This essay argues that by framing security in the South China Sea through the lens of territorial claims and power relations the bigger picture of a safe, secure and sustainable South China Sea is neglected. The essay reflects on a photograph from my childhood on the shores of the South China Sea. In the photograph, I have a little red bucket in my hands and a wide grin on my face as I prepare to build a sandcastle. In the intervention, I recall how it feels to be truly secure. By returning to the joys of childhood experienced on the …
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
James E. Moliterno
In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the culture …
Trips-Plus In China: How The United States Can Use Trips To Strengthen Trademark Minimum Standards In An Fta With China, Neal Hillam
Brigham Young University Prelaw Review
The United States and China have attempted to make a free trade agreement on several occasions over the last few years. A potential amalgamation between the two countries is of particular interest because the United States and China are two of the world’s largest economic powers. This paper discusses what trademark minimum standards should be placed in the agreement and proposes that explicit adherence to TRIPS be made the backbone. The paper will identify several specific trademark problems in China and how stricter adherence to TRIPS can abate these internal issues. The proposed method of using TRIPS as the backbone …
A Concise Consideration On The Legal Status Of Taiwan For Japan From The Perspective Of The Customary International Law Of Recognition, Hiroshi Saito
A Concise Consideration On The Legal Status Of Taiwan For Japan From The Perspective Of The Customary International Law Of Recognition, Hiroshi Saito
Japanese Society and Culture
Taiwan is one of the most important entities for Japan in the international relations and history. Beijing government has emphasized “One-China Policy” and doesn’t recognize Taiwan as a sovereign state until the present. The issue, whether Taiwan is a de jure state, is a legal issue for only Japan based on the international legal systems of recognition and treaty. In those systems, it is evident for Japan that two peace treaties exist until the present with the Republic of China and the People’s Republic of China. The existence of two treaties means that two sovereign states who did battle against …
Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans
Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans
Pace International Law Review
China’s legal system appears to harbor a major tension, or even a paradox. Certainty in law facilitates economic progress, which most observers agree the Communist Party requires to maintain its power—yet the Party has opted for a flexible legal system that often impedes predictability. Prior studies explain China’s legal system as a product of certain constraints and as an expedient that allows for policy adjustments. These factors undoubtedly are at work but do not fully explain the rationale for a legal design seemingly at odds with the Party’s economic goals. To obtain a fuller view, it is necessary to consult …
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
Washington and Lee Journal of Civil Rights and Social Justice
In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the culture …
The Rise Of China And The Antarctic Treaty System?, Nengye Liu
The Rise Of China And The Antarctic Treaty System?, Nengye Liu
Research Collection Yong Pung How School Of Law
This paper examines three dimensions of China’s rise in Antarctica: (1) history (2) activities; and (3) governance. Historically, China was missing in Antarctic affairs for long time. Over the past four decades, as a reflection of China’s rapid economic growth after the adoption of ‘Open Door' policy, Chinese activities in the Antarctic can be seen as rising, especially in science, fisheries and tourism. Nevertheless, this paper argues that rather than having a secret agenda to pursue, China is still shaping up its general Antarctic policy. China’s capacity to advance its interests within the Antarctic Treaty System is not significant either. …
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Anti-Access Strategies In The Pacific: The United States And China, Sam J. Tangredi
Anti-Access Strategies In The Pacific: The United States And China, Sam J. Tangredi
The US Army War College Quarterly: Parameters
No abstract provided.
Financial Repression In China: Short-Term Growth But Long-Term Crisis, Guangdong Xu, Michael Faure
Financial Repression In China: Short-Term Growth But Long-Term Crisis, Guangdong Xu, Michael Faure
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Navigating Sino-American Business Relationships, Ryan Stenquist
Navigating Sino-American Business Relationships, Ryan Stenquist
Marriott Student Review
Relationships between American and Chinese companies have never been more important or profitable as they are now. With linguistic, moral, governmental, and legal systems developed entirely independent of each other for thousands of years, these relationships also prove the most difficult and complex to navigate. This article explores mistakes foreigners often make while doing business in China, the current environment and culture of joint ventures with native Chinese, and how to succeed in the challenging yet rewarding economy now opening up to the world.
Unraveling China's Capital Market Growth: A Political Economy Account, Tamar Groswald Ozery
Unraveling China's Capital Market Growth: A Political Economy Account, Tamar Groswald Ozery
SJD Dissertations
With modern, successful firms that operate globally and a capital market that is the second largest in the world, corporate governance in China has long passed the point of an “adjust or perish” prognostic. Yet its firm governance and capital market functions maintain strong idiosyncrasies that go against many fundamentals in economics and legal thought. These idiosyncrasies are products of the underlying configurations of China’s political economy and the shifts within it. Political economy in China has a determinant role on the ways corporate ownership is organized, firms operate, and the capital market functions. It is responsible for many of …
Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling
Argh, No More Pirating America’S Booty: Improving Copyright Protections For American Creators In China, Johnathan Ling
Fordham Intellectual Property, Media and Entertainment Law Journal
The advent of the internet brought about revolutionary changes and challenges to the world. Internet piracy is one area which is presenting new challenges, particularly to copyright holders such as artists, filmmakers, and creators. China has been a hotbed of piracy and is home to the second highest number of file sharing infringers in the world. China has made strides to improve its copyright protection, such as implementing a copyright law in 1990, as well as joining the World Trade Organization and signing on to the Agreement on Trade-Related Aspects of Intellectual Property Rights, which specifies minimum levels of intellectual …
Expropriation In The Name Of Rights: Transferable Development Rights (Tdrs), The Bundle Of Sticks And Chinese Politics, Shitong Qiao
Expropriation In The Name Of Rights: Transferable Development Rights (Tdrs), The Bundle Of Sticks And Chinese Politics, Shitong Qiao
Faculty Scholarship
Through an in-depth empirical investigation, this article discloses for the first time how and why land reform programs in the name of empowering and enriching farmers have been serving the purpose of Chinese local governments to compromise the rights revolution in the Chinese national expropriation regime. The concept of “transferable development rights” (TDRs) is simple: development rights from one parcel of land are lifted up and transferred to another. Upon a detailed examination of land tickets in Chongqing and Chengdu, the southwestern Chinese application of TDRs, this article reveals that local governments in both cities have created schemes of land …
China's Intellectual Property Rights Provocation: A Political Economy View, Shaomin Li
China's Intellectual Property Rights Provocation: A Political Economy View, Shaomin Li
Management Faculty Publications
It is well recognized that intellectual property rights (IPR) violations are at the heart of the economic conflict with China. Little agreement, however, exists about the origin and solutions for this provocation. Broadly speaking, two prescriptions have been proposed: the natural evolutionary and the rule of law views. While both have merits and add to our understanding, they do not go far enough to address the more fundamental IPR policy issue: China has benefited from a rule of law overseas and a rule through law at home, manufacturing unfair advantage to its firms, many of which are owned and/or influenced …
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law
Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.