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China Stays Guarded On Foreign Investment In Banking, Nicholas Howson, Lester Ross Dec 2015

China Stays Guarded On Foreign Investment In Banking, Nicholas Howson, Lester Ross

Nicholas Howson

No abstract provided.


Panel Iv - Can The West Learn From The Rest - The Chinese Legal Order's Hybrid Modernity, Nicholas Howson Dec 2015

Panel Iv - Can The West Learn From The Rest - The Chinese Legal Order's Hybrid Modernity, Nicholas Howson

Nicholas Howson

No abstract provided.


China Clarifies Rules On Foreign Investment Through Local Subsidiaries, Nicholas Howson, Hans-Gunther Hermann Dec 2015

China Clarifies Rules On Foreign Investment Through Local Subsidiaries, Nicholas Howson, Hans-Gunther Hermann

Nicholas Howson

No abstract provided.


First Direct Listing For Chinese Company In New York, Mark Bergman, Richard Borisoff, Nicholas Howson Dec 2015

First Direct Listing For Chinese Company In New York, Mark Bergman, Richard Borisoff, Nicholas Howson

Nicholas Howson

No abstract provided.


Breaking The Ice: The Canadian-American Dispute Over The Arctic's Northwest Passage, Nicholas Howson Dec 2015

Breaking The Ice: The Canadian-American Dispute Over The Arctic's Northwest Passage, Nicholas Howson

Nicholas Howson

No abstract provided.


Corporate Law In The Shanghai People's Courts, 1992-2008: Judicial Autonomy In A Contemporary Authoritarian State, Nicholas Howson Dec 2015

Corporate Law In The Shanghai People's Courts, 1992-2008: Judicial Autonomy In A Contemporary Authoritarian State, Nicholas Howson

Nicholas Howson

In late 2005 China adopted a largely rewritten Company Law that radically increased the role of courts. This study, based on a review of more than 1000 Company Law-related disputes reported between 1992 and 2008 and extensive interactions with PRC officials and sitting judges, evaluates how the Shanghai People’s Court system has fared over 15 years in corporate law adjudication. Although the Shanghai People’s Courts show generally increasing technical competence and even intimations of political independence, their path toward institutional autonomy is inconsistent. Through 2006, the Shanghai Court system demonstrated significantly increased autonomy. After 2006 and enactment of the new …


China's Company Law: One Step Forward, Two Steps Back--A Modest Complaint, Nicholas Howson Dec 2015

China's Company Law: One Step Forward, Two Steps Back--A Modest Complaint, Nicholas Howson

Nicholas Howson

Examines effects of the 1993 Company Law of the People's Republic of China on privatization, the legislative process, and efforts to define the balance between state and central control and independent economic power.


Can The West Learn From The Rest?' The Chinese Legal Order's Hybrid Modernity, Nicholas Howson Dec 2015

Can The West Learn From The Rest?' The Chinese Legal Order's Hybrid Modernity, Nicholas Howson

Nicholas Howson

I am asked to present on the "shortcomings of the Western model of legality based on a professionalized, individualistic and highly formalistic approach to justice" as a way to understanding if "the West can develop today a form of legality which is relational rather than based on litigation as a zero sum game, learning from face to face social organizations in which individuals understand the law" - presumably in the context of the imperial and modem Chinese legal systems which I know best as a scholar and have lived for many years as a resident of the modem identity of …


Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson Dec 2015

Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson

Nicholas Howson

Review of Ronald C. Brown's UNDERSTANDING LABOR AND EMPLOYMENT LAW IN CHINA (Cambridge University Press, 2010) which review describes an alternative way of describing and analyzing law and legal institutions in contemporary China generally, and labor law specifically.


Regulation Of Companies With Publicly Listed Share Capital In The People's Republic Of China, Nicholas Howson Dec 2015

Regulation Of Companies With Publicly Listed Share Capital In The People's Republic Of China, Nicholas Howson

Nicholas Howson

No abstract provided.


When 'Good' Corporate Governance Makes 'Bad' (Financial) Firms: The Global Crisis And The Limits Of Private Law, Nicholas Howson Dec 2015

When 'Good' Corporate Governance Makes 'Bad' (Financial) Firms: The Global Crisis And The Limits Of Private Law, Nicholas Howson

Nicholas Howson

In the aftermath of the global financial crisis of 2008–2009, investors, analysts, legislators, and pundits have spotlighted “good” or “improved” corporate governance as a remedy for all that presently ails us. It is one remedy in a long wish list that includes tougher requirements for risk capital, liquidity, and leverage; compensation and bonus reform; reimposition ofthe Glass-Steagall-like separation of bank “utility” and “casino” functions; the downsizing or breakup of institutions deemed “too big to fail;” enhanced consumer protection; securities law liability for secondary violators (like credit rating agencies); direct taxation of proprietary trading; “macroprudential” regulation; and new transparency requirements for …


China's Judicial System And Judicial Reform, Nicholas Howson Dec 2015

China's Judicial System And Judicial Reform, Nicholas Howson

Nicholas Howson

The following is an extract from the statement delivered by Michigan Law School Professor Nicholas Howson at the inaugural “China-U.S. Rule of Law Dialogue” held at Beijing’s Tsinghua University July 29-30, 2010, and convened by Tsinghua Law Dean Wang Zhenmin and Harvard Law School Professor and East Asian Legal Studies Director William Alford, and with the support of the China-United States Exchange Foundation chaired by C.H. Tung, first chief executive and president of the Executive Council of the Hong Kong Special Administrative Region. The dialogue was organized as a private meeting between senior PRC law professors and U.S.-based Chinese law …


Law, Norms, And Legal Change: Global And Local In China And Japan, Nicholas Howson, Mark West Dec 2015

Law, Norms, And Legal Change: Global And Local In China And Japan, Nicholas Howson, Mark West

Nicholas Howson

No abstract provided.