Law Commons^™

Form And Function In The Chinese Criminal Process, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This article considers some of the formidable intellectual problems involved in studying the Chinese criminal process. Much can be learned about another country by studying its legal institutions; a study of sanctioning institutions promises insight into a society's view of order, deviance, individual rights, and the allocation and application of punishment. But how can foreign institutions most perceptively be studied? Only rather recently has analysis of the American criminal process become notably more sophisticated. Our own inexperience coupled with China's alienness and the lack of accurate information threaten to impede perceptive studies of Chinese institutions. But the problem is pressing …

The Unrecognized Government In American Courts: Upright V. Mercury Business Machines, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

What right have I, as the King's Judge, to interfere upon the subject of a contract with a country which he does not recognize?

Lord Eldon's words, written in 1823, have been echoed more than once by American judges, who have been as troubled as Eldon by problems complicated by diplomatic nonrecognition. Twentieth-century wars and revolutions have required American courts to decide whether unrecognized governments, entities created by them, their representatives, or their assignees could sue in domestic courts, often on matters of private right. Frequently, too, the courts have been perplexed by the effect of nonrecognition on the application …