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The Rise Of Participatory Governance In China: Empirical Models, Theoretical Framework, And Institutional Analysis, Wang Xixin, Zhang Yongle 2018 University of Pennsylvania Law School

The Rise Of Participatory Governance In China: Empirical Models, Theoretical Framework, And Institutional Analysis, Wang Xixin, Zhang Yongle

University of Pennsylvania Asian Law Review

No abstract provided.


China's Belt And Road Initiative: Challenges For Arbitration In Asia, Patrick M. Norton 2018 University of Pennsylvania Law School

China's Belt And Road Initiative: Challenges For Arbitration In Asia, Patrick M. Norton

University of Pennsylvania Asian Law Review

No abstract provided.


Editors' Note, Jacques deLisle, Neysun A. Mahboubi 2018 University of Pennsylvania Law School

Editors' Note, Jacques Delisle, Neysun A. Mahboubi

University of Pennsylvania Asian Law Review

No abstract provided.


The Development Of Arbitral Institutions In Asia, Christopher K. Tahbaz, Justin R. Rassi 2018 University of Pennsylvania Law School

The Development Of Arbitral Institutions In Asia, Christopher K. Tahbaz, Justin R. Rassi

University of Pennsylvania Asian Law Review

No abstract provided.


Can The Introduction Of Administrative Reconsideration Committees Help Reform China's System Of Administrative Reconsideration?, Yang Weidong 2018 University of Pennsylvania Law School

Can The Introduction Of Administrative Reconsideration Committees Help Reform China's System Of Administrative Reconsideration?, Yang Weidong

University of Pennsylvania Asian Law Review

No abstract provided.


Double Sovereignty In Europe? A Critique Of Habermas's Defense Of The Nation-State, Vlad F. Perju 2018 Boston College Law School

Double Sovereignty In Europe? A Critique Of Habermas's Defense Of The Nation-State, Vlad F. Perju

Boston College Law School Faculty Papers

Jürgen Habermas’s influential account of the transnationalization of democracy is typically seen as a bold attempt to articulate the political-philosophical foundations of European integration. Habermas posits an identity split between individuals as citizens of their nation states and (the same) individuals as members of the future European Union. According to the dual sovereignty thesis, nation states and the EU are co-original and co-determinate.

I challenge this conception on two grounds. First, split identity is a source of fragmentation that subverts the transnationalization of democracy. It would be irrational for EU citizens to partake in a project that empowers states ...


Fifty Years Of Space Law: Basic Decisions And Future Challenges, Marcus Schladebach 2018 University of California, Hastings College of the Law

Fifty Years Of Space Law: Basic Decisions And Future Challenges, Marcus Schladebach

Hastings International and Comparative Law Review

Space Law is often described as a collection of more or less amusing and unrealistic rules. For society, outer space is more of an imaginary sphere than a concrete space of Public International Law. That is why it is an ambitious project to explain that the international community of States has created a legal order for exploring and using outer space by concluding a binding international treaty. With a duration of 50 years, the Outer Space Treaty is in an advanced age. This special anniversary represents good reason to evaluate basic decisions and to predict future challenges of this modern ...


Role Of Bar Associations In The Globalization Of Japaneselawyers, Tatsu Katayama 2018 University of California, Hastings College of the Law

Role Of Bar Associations In The Globalization Of Japaneselawyers, Tatsu Katayama

Hastings International and Comparative Law Review

Japanese lawyers have faced the globalization of legal markets for decades. The first wave of globalization was characterized by inbound work. It came in 1987, when Japan opened its legal markets to foreign lawyers. Since then, foreign law firms have established offices in Japan and practiced together with Japanese lawyers on international legal matters. The second wave of globalization was characterized by outbound work. Japanese lawyers practicing outside of Japan have increased significantly in the past several years. My presentation briefly describes activities of the Japan Federation of Bar Associations (“JFBA”) in the context of the globalization of Japanese lawyers.


Constitutional Mobilization, Bui Ngoc Son 2018 Senior Research Fellow, Centre for Asian Legal Studies, National University of Singapore Faculty of Law

Constitutional Mobilization, Bui Ngoc Son

Washington University Global Studies Law Review

People around the world are mobilizing for constitutional change. This global phenomenon has been underexplored in comparative constitutional studies. This Article introduces the concept of constitutional mobilization, theorizes about it, and offers an original, empirical case-study.

First, it develops a general theoretical framework defined by the following key concepts. Constitutional mobilization is the process by which social actors employ constitutional norms and discourses to advocate for constitutional change. Constitutional opportunity refers to the general political and constitutional environment in which constitutional mobilization operates, and particular political and constitutional processes that provoke constitutional mobilization. Constitutional framing concerns identifying constitutional problems and ...


How Much Progress Can Legislation Bring? The 2014 Amendment Of The Administrative Litigation Law Of Prc, He Haibo 2018 University of Pennsylvania Law School

How Much Progress Can Legislation Bring? The 2014 Amendment Of The Administrative Litigation Law Of Prc, He Haibo

University of Pennsylvania Asian Law Review

No abstract provided.


China Can Say "No": Analyzing China's Rejection Of The South China Sea Arbitration, Isaac B. Kardon 2018 University of Pennsylvania Law School

China Can Say "No": Analyzing China's Rejection Of The South China Sea Arbitration, Isaac B. Kardon

University of Pennsylvania Asian Law Review

No abstract provided.


Administrative "Self-Regulation" And The Rule Of Administrative Law In China, Shen Kui 2018 University of Pennsylvania Law School

Administrative "Self-Regulation" And The Rule Of Administrative Law In China, Shen Kui

University of Pennsylvania Asian Law Review

No abstract provided.


Legal Pluralism And The Threat To Human Rights In The New Plurinational State Of Bolivia, James M. Cooper 2018 Professor of Law, Co-Director of the Center for Creative Problem Solving at California Western School of Law

Legal Pluralism And The Threat To Human Rights In The New Plurinational State Of Bolivia, James M. Cooper

Washington University Global Studies Law Review

Bolivia, the chronically poor, landlocked Andean country has long seen its indigenous populations marginalized, languishing in underdevelopment. Spanish colonialists destroyed any vestige of the vibrant, complex civilization that existed in the region – including the religious, political and legal systems in place for centuries. In December 2005, Evo Morales Ayma

was the first elected President of indigenous descent. After leading the changes in the country’s Constitution, Morales continued to rule Bolivia until the writing of this Article. The New Political Constitution of Plurinational State of Bolivia of 2009 and a national law for community justice, signed into law by Morales ...


The Complexities Of Human Rights And Constitutional Reform In The United Kingdom; Brexit And A Delayed Bill Of Rights: Informing (On) The Process, Katie Boyle, Leanne Cochrane 2018 Northwestern Pritzker School of Law

The Complexities Of Human Rights And Constitutional Reform In The United Kingdom; Brexit And A Delayed Bill Of Rights: Informing (On) The Process, Katie Boyle, Leanne Cochrane

Northwestern Journal of Human Rights

The United Kingdom’s politicised and contested human rights framework has come under increasing pressure during recent periods of constitutional and political instability. The UK 2016 referendum on membership of the European Union, the delayed repeal of the Human Rights Act 1998 and the proposals to enact a British Bill of Rights have all shaped the discourse at the national level around decisions to retain rights (or not) rather than progressively improve the human rights structure. The European Union and Council of Europe human rights frameworks act as important pillars of human rights and democracy under the UK constitution and ...


Three Arguments Of The “Right To Secession” In The Civil War: International Perspectives, Han Liu 2018 University of California, Hastings College of the Law

Three Arguments Of The “Right To Secession” In The Civil War: International Perspectives, Han Liu

Hastings International and Comparative Law Review

Secession becomes a source of controversies again both within and outside the United States. In both political discourse and public imagination, the image of secession of the South in the mid-nineteenth century, as well as the Civil War it triggered, occupies an important position. Conducted in blood, the end of the Civil War is usually thought to establish a constitutional rule that no state shall secede from the Union. Challenging the conventional understanding, recent legal scholarship has shown that the legality/constitutionality of secession did not receive a definitive, legal answer at Appomattox. But the question remains: Why so? Explaining ...


Public Interest Lawyering In Japan Under Globalization, Shinichi Sugiyama 2018 University of California, Hastings College of the Law

Public Interest Lawyering In Japan Under Globalization, Shinichi Sugiyama

Hastings International and Comparative Law Review

Globalization came to the Japanese legal community as a form of legal reform early in the millennium. The reform has impacted not only business lawyering, but also public interest lawyering, which aims at access to justice (see Parts I and II). The growing national budget has improved legal services for the underrepresented (see Part III). The increasing number of Japanese lawyers has brought improvement in access to justice to thinly populated areas. More attorneys seek careers as in-house lawyers in business or public interest organizations such as the United Nations (see Parts IV, V). The negative effects of public interest ...


Comparative Law In A Time Of Nativism, Margaret Woo 2018 University of California, Hastings College of the Law

Comparative Law In A Time Of Nativism, Margaret Woo

Hastings International and Comparative Law Review

Pressures of globalization have strained population movements, restructured markets have led to widening economic divides, and terrorism has redefined national borders and identity. What we have seen in response is a rise in nationalism, nativism and in the extreme cases, isolationism. This inward turn seems to be true at least in the U.S. and in China. This turning inward presents a challenge to those of us who work in and champion the cause of comparative law, since comparative studies by its nature urges us to turn our gaze outward. This article examines what the turn to nativism means for ...


Looking Beyond The Positive-Negative Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect, And Reach, Jorge M. Farinacci-Fernós 2018 University of California, Hastings College of the Law

Looking Beyond The Positive-Negative Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect, And Reach, Jorge M. Farinacci-Fernós

Hastings International and Comparative Law Review

The relatively short catalogue of rights recognized by the Constitution of the United States, coupled with their near exclusive articulation as political and civil rights of a negative character opposable only to state action, has substantially narrowed the scope of analysis as to the different features and manifestations of constitutional rights in general. This has led the debate amongst U.S. scholars to focus their attention to rights as a sometimes simplistic dichotomy between negative political rights on the one hand, and positive socioeconomic rights on the other, which are more typically found in modern, teleological constitutions. In this brief ...


Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Setsuo Miyazawa 2018 University of California, Hastings College of the Law

Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Setsuo Miyazawa

Hastings International and Comparative Law Review

The topic of the 2016 symposium was “Globalization of Japanese Lawyers: Achievements, Challenges, and Expectations of American Law Schools.” The symposium was held on November 18, 2016. This symposium commemorated the signing of the cooperation and the exchange agreement between UC Hastings and Niben. The 2016 symposium was organized to explore the following inquiries: how Japanese lawyers have been coping with a globalizing legal market; how much and in what way have Japanese lawyers become globalized; achievements of Japanese lawyers; challenges of Japanese lawyers; and finally what they expect from American law schools in their effort of globalization. We were ...


Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Akira Kawamura 2018 University of California, Hastings College of the Law

Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Akira Kawamura

Hastings International and Comparative Law Review

Globalization of the legal profession is ever relevant, as the ideology of globalism is challenged in many places around the world today. The most controversial backlash against globalization was the U.S. presidential election, held only a few weeks before the UC Hastings College of the Law symposium on the globalization of the legal profession. In the last twenty years, the legal service industry has transformed dramatically and has grown exponentially as part of the global economy, especially with the growth of global financial industries. Should globalization be criticized, the global legal profession may undergo criticism as well. As Dr ...


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