Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman
Scandal, Sukyandaru, And Chouwen, Benjamin L. Liebman
Michigan Law Review
This Review proceeds in four parts. Part I describes West's account of scandal in Japan and the United States and explores some of the ramifications of his account. Part II examines the formation of scandal in contemporary China. Part III compares scandal in China with West's conclusions about scandal in Japan and the United States. Part IV discusses defamation litigation in China, with a view to adding further comparative insight to West's discussion of Japanese libel suits.
Making Much Ado About Theory: The Chinese Trademark Law, Leah Chan Grinvald
Making Much Ado About Theory: The Chinese Trademark Law, Leah Chan Grinvald
Michigan Telecommunications & Technology Law Review
Although the United States has had an active hand in the implementation of trademark law in China over the past century, the same frustrations that marked the turn of the twentieth century are reflected in the twenty-first century. This Article posits that one of the reasons that the United States has not seen the desired level of progress in China's protection of trademarks lies in the imposition of an American theory of trademarks, which has inhibited U.S. reform efforts in China to date. This imposition is understandable, as little thought has been given to the Chinese theoretical justification for their …
The Paradox Of Social Instability In China And The Role Of The Xinfang System, Matthew Adam Bruckner
The Paradox Of Social Instability In China And The Role Of The Xinfang System, Matthew Adam Bruckner
Matthew Adam Bruckner
No abstract provided.
中国和新加坡一人公司:公司人格制度视角下的比较研究, Jianlin Chen, Rongjing Zhao
中国和新加坡一人公司:公司人格制度视角下的比较研究, Jianlin Chen, Rongjing Zhao
Jianlin Chen
中国和新加坡承认一人公司制度的时间和背景非常相似，然而中国的公司法制度下，一人公司被赋予明显区别于非一人公司的特殊制度安排，这与新加坡将两者之间的差别淡化处理的做法完全不同。在全球一体化的影响下，两大法系互相吸收融合的现象非常普遍。相比老牌英德等代表性国家，近年来新兴确立一人公司制度的中国和新加坡受法系融合影响尚小，可以更加清晰地体现两大法系的法人人格理论区别何在。本文通过对中国与新加坡一人公司制度的实体法规定，立法背景和法理依据进行分别研究，旨在比较理论和实务中两种制度安排的优势和弊端，取长补短，以此为一人公司制度的完善寻求新的法律途径。
East Asia Institutionalizes: China, Japan And The Vogue For Free Trade, Timothy Webster
East Asia Institutionalizes: China, Japan And The Vogue For Free Trade, Timothy Webster
Faculty Publications
In the past decade, East Asia has taken steps to increase regional integration. This paper examines the vogue for Free Trade Agreements (FTAs) currently raging in China and Japan. After mapping the regional links that knit East Asia together during the 1990s and 2000s, the focus then shifts to the specific trade agreements that China and Japan have signed. Both countries exhibit a particular FTA “style;” Japan has adopted a more orthodox and comprehensive approach to its treaties, while China has shown greater flexibility and gradualism when dealing with FTA partners. It is still unclear whether these efforts will lead …
China's Competition Policy Reforms: The Anti-Monopoly Law And Beyond, Bruce M. Owen, Su Sun, Wentong Zheng
China's Competition Policy Reforms: The Anti-Monopoly Law And Beyond, Bruce M. Owen, Su Sun, Wentong Zheng
UF Law Faculty Publications
In August 2007, China adopted the Antimonopoly Law, its first comprehensive antitrust legislation, thirteen years after the drafting of the law began. Such a protracted legislative process is highly unusual in China, and can only be explained by the controversies the law presents. This paper discusses the fundamental issues in China’s economy that give rise to the challenges China faced in the drafting and adoption of the Antimonopoly Law. Those fundamental issues include the role of state-owned enterprises, perceived excessive competition, mergers and acquisitions by foreign companies, administrative monopolies, and the enforcement of the Antimonopoly Law. How China will enforce …
China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang
China Reexamined: The Worst Offender Or A Strong Contender?, Yang Wang
Michigan Law Review
These are the questions that Professor Randall Peerenboom sets out to answer from an American legal scholar's perspective in China Modernizes: Threat to the West or Model for the Rest. Peerenboom advances three main arguments in China Modernizes. First, to more accurately assess China's performance in its quest for modernization, one must "plac[e] China within a broader comparative context" (p. 10). Through a careful analysis of empirical data, Peerenboom observes that China outperforms many other countries at a similar income level on almost all key indicators of well-being and human rights, with the sole exception of civil and political …