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Full-Text Articles in Law
China After The Reform Era, Carl F. Minzner
China After The Reform Era, Carl F. Minzner
Faculty Scholarship
China’s reform era is ending. Core factors that characterized it – political stability, ideological openness, and rapid economic growth – are unraveling. In part, this is the result of Beijing’s steadfast refusal to contemplate fundamental political reform. Since the early 1990s, this has fueled the rise of entrenched interests within the Communist Party itself. It has also contributed to the systematic underdevelopment of institutions of governance among state and society at large. Now, to address looming problems confronting the nation, Chinese leaders are progressively cannibalizing institutional norms and practices that have formed the bedrock of the regime's stability in the …
Less Is More In International Private Law, Susan Block-Lieb, Terence C. Halliday
Less Is More In International Private Law, Susan Block-Lieb, Terence C. Halliday
Faculty Scholarship
No abstract provided.
Legitimacy And Expertise In Global Internet Governance, Olivier Sylvain
Legitimacy And Expertise In Global Internet Governance, Olivier Sylvain
Faculty Scholarship
Over the course of the past decade or so, attention among Internet policymakers and scholars has shifted gradually from substantive design principles to the structure of Internet governance. The Internet Corporation for Assigning Names and Numbers in particular now faces a new skepticism about its legitimacy to administer the essential Internet Assigned Numbers Authority function. ICANN has responded to these doubts by proposing a series of major governance reforms that would bring nation-states more into the organization's decisionmaking. After all, transnational governance institutions in other substantive areas privilege nation-states as a matter of course. This Symposium Essay shows that these …
Legal Reform In The Xi Jinping Era, Carl F. Minzner
Legal Reform In The Xi Jinping Era, Carl F. Minzner
Faculty Scholarship
In the fall of 2014, Chinese Communist Party authorities made legal reform the focus of their annual plenum for the first time. The plenum decision confirmed a shift away from some of the policies of the late Hu Jintao era, but liberal reforms still remain off the table. The top-down vision of legal reform developing under Xi Jinping’s administration may have more in common with current trends in the party disciplinary apparatus or historical ones in the imperial Chinese censorate than it does with Western rule-of-law norms. This article attempts to do three things: (1) analyze how and why China’s …