10/5/16 EAST ASIA SPEAKER SERIES: THE RECENT CRACKDOWN ON RIGHTS LAWYERS IN CHINA: BACKGROUND AND CURRENT OUTLOOK
Wednesday, October 5, 3:30 – 4:30 PM, 198 McAllister St., Room 304
Professor Chen Taihe, Associate Professor at Guilin University of Electronic Technology Law School, Human Rights Lawyer, UC Hastings Visiting Foreign Scholar. Professor Chen is the author of “The Most Common Right,” an expansive study on the Anglo-American jury system, and he has advocated for the adoption of a jury system in China. He was one of hundreds of lawyers and legal staff members detained in the unprecedented July 9, 2015 (“709”) crackdown on rights lawyers in China. After 42 days of detention and an additional six months house arrest, Professor Chen was released and flew to the United States to reunite with his family. Professor Chen will discuss his work as a rights lawyer, the “709” crackdown, and future prospects for rights lawyers in China. Light refreshments will be provided. RSVPs are appreciated, but walk-ins are welcome. Please RSVP to email@example.com.
10/10/16 East Asia Speaker Series: Best Practices for the Patent Judiciary: Lessons from Another Experiment on Specialized Adjudication for Patent Cases in Japan
Monday, October 10, 1:10 – 2:10 PM, 198 McAllister, Room F.
Professor Toshiko Takenaka, University of Washington School of Law. Japan created the Intellectual Property High Court in April 2005. The expert committee members examined debates over the Federal Circuit in the United States, and the Japanese government decided to create a semi-independent court while incorporating a mechanism to address concerns over the specialization. Professor Takenaka, the most eminent expert on Japanese IP law, will compare the Japanese and US systems for adjudicating patent cases and share proposals for best practices in adjudicating patent disputes. Light refreshments will be provided. Please RSVP to firstname.lastname@example.org.
11/1/16 ASIA INTERNSHIP PANEL
Tuesday, November 1, 12:00 – 1:00, 198 McAllister St., Room 304
The UC Hastings East Asian Legal Studies Program will host an information session on internships in Asia for current students. Professors Setsuo Miyazawa and Keith Hand will introduce UC Hastings cooperative intern placement programs and numerous other summer internship opportunities in Asia. A panel of summer 2016 interns will discuss their work in Japan, Singapore, Vietnam, and Greater China. Light refreshments will be served. RSVPs are appreciated, but walk-ins are welcome. Please RSVP to email@example.com.
11/18/16 JAPANESE LAW SYMPOSIUM: Globalization of Japanese Lawyers: Achievements, Challenges, and Expectations for American Law Schools
Friday, November 18, 1:00 – 6:00 PM, 200 McAllister St. Alumni Reception Center.
The UC Hastings East Asian Legal Studies Program is proud to present the fifth annual symposium on Japanese law in cooperation with the Japan Society of Northern California and the Daini Tokyo Bar Association. Symposium participants from Japan and the United States will discuss the globalization of the Japanese legal profession in the two spheres of business lawyering and public interest lawyering and the evolving role of Japan’s bar associations. Registration information will be posted in mid September.
9/12/16 GATEWAY TO THE PACIFIC: EAST ASIAN LEGAL STUDIES PROGRAM MIXER AND INFORMATION SESSION
On Monday, September 12, the East Asian Legal Studies (EALS) Program held a mixer and information session for current students interested in East Asian legal systems. We had our best turnout ever, with nearly 40 J.D. students, LL.M. students, and visiting scholars participating. EALS Senior Director Setsuo Miyazawa and Director Keith Hand introduced EALS program resources, including upcoming courses; new internship, exchange, and career opportunities; and the EALS event schedule for the 2016-2017 academic year.
6/7/16 CHINESE CONSULAR DELEGATION VISITS UC HASTINGS TO DISCUSS THE JURY SYSTEM
On June 7, the UC Hastings East Asian Legal Studies Program hosted a delegation from the Consulate General of the PRC in San Francisco for a luncheon and discussion of the U.S. jury system. Consul XU Han, Chief of the Political Section, led a delegation of eleven Chinese diplomats. Acting Chancellor and Dean David Faigman, Hastings alumnus and Justice (Ret.) of the California Court of Appeals James Lambden, Professor David Levine, and Professor Keith Hand gave presentations to the delegation and answered questions. The delegation demonstrated a particular interest in the role of juries in complex civil litigation. Following the UC Hastings luncheon and a tour of the campus, the delegation visited the California Superior Court to observe jury selection for a tort case and a bench trial of a contract case. Judge Andrew Y.S. Cheng organized the court visit. John Kamm and Jonathan Kinkel of The Dui Hua Foundation co-organized the event and were also in attendance.
4/11/16 FOREIGN INVESTMENT AND VARIABLE INTEREST ENTITIES IN CHINA
Mr. Greg Pilarowski, Founder of Pillar Legal (Pleasanton, Shanghai), discussed his work as a China lawyer and explained the variable interest entity structure that some foreign investors use to invest in industries such as the Internet and telecoms in China. More than 25 students and faculty attended.
3/22/16 UC HASTINGS SIGNS COOPERATIVE AGREEMENT WITH THE DAINI TOKYO BAR ASSOCIATION
The East Asian Legal Studies Program is pleased to announce that UC Hastings and the Daini Tokyo Bar Association (NIBEN) have signed a new cooperative agreement. Over the next three years, UC Hastings and NIBEN will work together to facilitate access to the UC Hastings LL.M. Program for recommended candidates from Japan, develop academic and professional exchanges on legal issues of interest to the United States and Japan, and develop summer internship opportunities for UC Hastings students in Japan. “The Daini Tokyo Bar Association is one of the largest and most innovative bar associations in Japan,” said EALS Senior Director Setsuo Miyazawa. “I am delighted that we have signed this new cooperative agreement and express my utmost appreciation to NIBEN for this exciting new opportunity.”
This is the second cooperative agreement that UC Hastings has signed with a bar association in East Asia. In April 2015, UC Hastings signed a cooperative agreement with the Taipei Bar Association.
3/8/16 OUTCOMES FEATURE: UC HASTINGS SETS STUDENTS UP FOR SUCCESS IN EAST ASIA
Today, Nolan Shaw '12 has a sought-after associate position at global firm Hogan Lovells in Beijing, but his path there wasn't straightforward. He grew up in California's Central Valley, studied science at Cal Poly Pomona and got a master's degree in English. Afterward, he spent two years teaching in rural China with a U.S. State Department program. That's when he decided he'd go to law school — and return to China. . . . (To continue reading, please click here.)
2/29/16 EAST ASIA SPEAKER SERIES EVENT: “EXCLUSION OF ILLEGALLY OBTAINED CONFESSIONS IN CHINA: IMPLEMENTATION AND CHALLENGES"
Professor Guo Zhiyuan of the Chinese University of Politics and Law gave a fascinating lecture on the application of China’s exclusionary rule. The rule was adopted in 2010 and incorporated into the PRC Criminal Procedure Law in 2012. Professor Guo led a team that conducted empirical research on the rule in more than seven different jurisdictions. She noted that while the creation of the exclusionary rule represented significant progress, application of the rule has not led to the acquittal of many criminal defendants to date.
2/15/16 PROFESSOR KEITH HAND PUBLISHES TRANSLATION AND COMMENTARY ON KEY CHINESE CONSTITUTIONAL LAW ARTICLE
In recent years, statements by senior Chinese leaders have catalyzed new discussion of constitutional supervision in China have. In the wake of these statements, prominent Chinese jurists endorsed the idea of establishing a specialized constitutional committee to ensure that the Constitution is enforced in practice. What does China’s constitutional history tell us about the prospects for such a reform? As Professor Liu Songshan of the East China University of Politics and Law explains in his article "1981: Embryonic but Inchoate Designs for a Constitutional Committee," proposals for a constitutional committee have a long history in China's reform era. In 1982, China's leaders revised the PRC Constitution as a foundational step in their effort to modernize the country and construct a socialist legal system. During the revision drafting process from late 1980 to 1982, the Secretariat of the PRC Committee on Constitutional Revision debated a range of constitutional reforms, including the creation of a specialized constitutional supervision organ. Professor Liu's article offers one of the most comprehensive accounts to date of this key discussion on constitutional supervision at the dawn of the reform era. This important part of China’s constitutional history has received only limited attention in the English-language literature. Professor Hand’s translation of and commentary on Professor Liu’s article helps to fill this gap and provides a more robust historical foundation for Western analysis of current Chinese debates on constitutional supervision. The translation and commentary are available here.
2/2/16 OPPORTUNITY KNOCKS IN JAPAN: A BUSINESS AND LEGAL PERSPECTIVE
On February 2, 2016, the UC Hastings East Asian Legal Studies Program, the Japan External Trade Organization (JETRO), and the Japan Society co-sponsored an evening symposium on legal issues related to American investment in Japan. More than 100 people attended the fully booked symposium, which was held in the UC Hastings Alumni Reception Center. Speakers included Liz Shoemaker, of counsel in the Law Offices of David A. Makman, who addressed issues related to contact enforcement and legal counsel for foreign businesses; Akiko Kawakatsu, partner at Hibya Station Law Offices, who discussed the pros and cons of different corporate entities in Japan; Tomohiro Ono, senior associate at Yuasa and Hara, who covered visa, personal data protection, and intellectual property issues; and Miho Aoki, international tax partner at PricewaterhouseCoopers LLP, who provided an overview of tax considerations.
2/1/16 PAPERS FROM FALL 2014 SYMPOSIUM ON LAW AND THE FUKUSHIMA NUCLEAR DISASTER PUBLISHED
Since 2012, the UC Hastings East Asian Legal Studies Program has held a symposium on Japanese law each fall. The Japan symposium in the fall of 2014 was titled “The Role of Law and Lawyers for Disaster Victims: A UC Hastings-Waseda Symposium on the Legal Aftermath of the Fukushima Daiichi Nuclear Power Station Disaster.” The Asian-Pacific Law & Policy Journal at the University of Hawaii has just published a symposium issue with the papers from the 2014 symposium. The papers are available here.
Senior Professor Setsuo Miyazawa, the main organizer of the symposium, said, “I am most grateful to the APLPJ for its unusual decision to publish a symposium issue for a symposium held at a different law school. I would also like to express my greatest appreciation to Professor Mark Levin for kindly introducing me to editors of the APLPJ. The East Asian Legal Studies Program is committed to enriching the research literature on East Asian law by promoting these types of publications.”
1/22/16 RESOLVING DISPUTES WITH COMPANIES FROM ASIA: WHAT IS THE BEST APPROACH?
On January 22, 2016, more than 140 professionals from across North America and around the Pacific Rim gathered in the UC Hastings Alumni Reception Center to participate in a major international conference on dispute resolution in Asia. The daylong conference was organized and sponsored by the North American Branch of the Chartered Institute of Arbitrators. The UC Hastings East Asian Legal Studies Program and the Center for Dispute Resolution and Negotiation co-hosted the event. A group of leading lawyers, scholars, and arbitrators from around the Pacific Rim discussed topics including strategies for choosing the place of arbitration, arbitral institutions and governing law; the structure of the dispute resolution process; in house perspectives on international arbitration and other dispute resolution mechanisms, and the enforcement of arbitral awards and court judgments. The conference keynote speaker was Datuk Professor Sandra Rajoo, President of the Chartered Institute of Arbitrators; Director of the Kuala Lumpur Regional Centre for Arbitration; Past President, Asia Pacific Regional Arbitration Group . The lunch keynote speaker was Teresa Cheng, Senior Counsel, Chartered Arbitrator, and Chartered Engineer, Des Voeux Chambers, Hong Kong; Chair, Hong Kong International Arbitration Centre; Past President, Chartered Institute of Arbitrators. For details on the conference panels, please click here.
The conference marked the first anniversary of the formal establishment of the UC Hastings East Asian Legal Studies Program and provided an outstanding networking and learning opportunity for current students. It was an excellent example of the type of high-level international professional exchange that the East Asian Legal Studies Program has become known for.
1/11/16 SENIOR DIRECTOR SETSUO MIYAZAWA SUCCESFULLY ORGANIZES THREE SESSIONS AT 2016 AALS MEETING
The Association of American Law Schools (AALS) held its 2016 annual meeting in New York on January 7-10. The Section on East Asian Law and Society was approved last year and Setsuo Miyazawa, Senior Director of the East Asian Legal Studies Program at UC Hastings, was one of the founding members. He was also the first elected Chair of the Section for 2015. The 2016 meeting was the first AALS annual meeting for the Section. As the Section Chair, Senior Director Miyazawa successfully organized three sessions.
The first was an invitational session on “Innovations in East Asian Law Schools and Collaborative Possibilities for US Law Schools” on January 7. Senior Director Miyazawa chaired the session, and Dean Kellye Testy of the University of Washington Law School and the Chair-Elect of the AALS welcomed the panelists. Dean Soo-Geun Oh of Ewha Womans University Law School of South Korea, Dean Shang-Jyh Liu of the National Chiao Tung University Law School of Taiwan, Professor Sida Liu of the University of Wisconsin Law School, Professor Nobuyuki Sato of Chuo University Law School of Japan, and Professor Carole Silver of Northwestern Law School, who is the Section’s Chair-Elect, served as the discussants. Publication of the session papers is being planned.
The second session was a section luncheon, also on January 10. Professor Jerome Cohen of NYU Law School (who, along with the late Professor Dan Henderson of UC Hastings, was a founder of East Asian legal studies in the United States) gave a talk about the earliest years of East Asian legal studies in the United States and shared his expectations for younger generations of scholars.
The third and final session was a call-for-papers session called “Research in Progress on East Asian Law and Society.” Nearly twenty papers were submitted. The selection committee chaired by Professor Robert Leflar of the University of Arkansas Law School selected four papers, including two on contemporary China, one on Manchukuo under Japanese control, and one on contemporary Japan. Two of the four papers will be published in the Asian Journal of Law and Society. Senior Director Miyazawa is an Editor-in-Chief of this distinguished journal.
The East Asian Legal Studies Program at UC Hastings will continue to play a role as a leader of East Asian legal studies in the United States.
12/11/15 UC HASTINGS SIGNS NEW EXCHANGE AGREEMENT WITH THE NATIONAL TAIWAN UNIVERSITY COLLEGE OF LAW
The East Asian Legal Studies Program is pleased to announce that UC Hastings and the National Taiwan University College of Law have signed a new exchange agreement. Chancellor & Dean Frank H. Wu will travel to Taipei in late December to participate in a ceremony to initiate the new agreement.
National Taiwan University College of Law is Taiwan’s leading law school. Under the exchange agreement, UC Hastings may place up to two students at NTU for one semester each during the initial five-year term of the agreement. UC Hastings will host an equivalent number of NTU students in its J.D. program.
Over the past two years, Chancellor & Dean Wu, Associate Dean for Global Programs Richard Boswell, and East Asian Legal Studies Program Director Keith Hand have traveled to Taiwan to build UC Hastings collaborative networks, engage alumni, and conduct research. In April 2015, UC Hastings signed a cooperative agreement with the Taipei Bar Association. The new agreement with NTU represents the latest step in an ongoing effort to expand UC Hastings engagement with counterparts in Taiwan. “It is essential that UC Hastings students interested in East Asia have opportunities to study at leading institutions in the region, enhance their language skills, and experience East Asian legal cultures on the ground,” said Professor Hand. “We are thrilled that our students will now have an opportunity to advance these goals by spending a semester at Taiwan’s leading law school, and we are pleased that NTU students will enrich our classrooms here with perspectives from Taiwan.”
12/8/15 EXPLORE AND ENGAGE! UC HASTINGS EAST ASIAN LEGAL STUDIES PROGRAM RELEASES NEW PROGRAM BROCHURE
Please click here for a digital edition of the new East Asian Legal Studies Program brochure.
12/5/15 SENIOR PROFESSOR SETSUO MIYAZAWA ELECTED FOUNDING PRESIDENT OF THE ASIAN LAW & SOCIETY ASSOCIATION
Senior Professor Setsuo Miyazawa has been elected as the founding president of the Asian Law & Society Association. The organization, which was established in Tokyo this past August, will hold its first annual meeting in Singapore in September 2016.
Professor Miyazawa has been a global leader in building scholarly networks and organizing law and society associations related to East Asia. He is a member of the Law and Society Association, the International Society for Criminology, the Asian Criminological Society, the Japanese Association of Sociology of Law, the Japanese Association of Sociological Criminology, and the Japanese Association of Law & Society. He has served in leadership roles in each of these organizations. In May 2014, Professor Miyazawa was awarded the Law and Society Association International Prize in recognition of his significant contribution to the advancement of knowledge in the field of law and society.
12/4/15 SENIOR PROFESSOR SETSUO MIYAZAWA AND PROFESSOR KEITH HAND RECEIVE UC HASTINGS VISIONARY AWARDS FOR FOUNDING THE EAST ASIAN LEGAL STUDIES PROGRAM
At its annual dinner on December 4, the UC Hastings Board of Directors conferred Visionary Awards on Senior Professor Setsuo Miyazawa and Professor Keith Hand for their work in founding the East Asian Legal Studies Program. The Board of Directors, with advice and counsel from the Chancellor and Dean and the Academic Dean, confers two awards for visionary service each year. “We launched this program because we felt strongly that economic growth and legal transformation in East Asia offer tremendous opportunities for the next generation of legal professionals,” said Professor Hand. “We also believed that UC Hastings had great potential to become a leader in East Asian legal studies. Over the past six years, we’ve worked to make UC Hastings a hub for research and exchange on Greater China, Japan, and Korea. We are grateful for the continued support and enthusiasm of the Board of Directors and the administration for this work.”
11/25/15 Professor Keith Hand Cited as Expert on Chinese Legal System in Leading Foreign Affairs Journals
Foreign Affairs and Foreign Policy, two leading foreign affairs journals in the United States, cited Professor Keith Hand in recent articles on the Chinese legal system. The Foreign Affairs article, titled “China’s Napoleon Complex,” was published on November 16, 2015 and discussed the issue of height discrimination in China. The Foreign Policy article, titled “You Have the Right to Remain Silent: Inside the Fight Over the American Bar Association’s Tepid Condemnation of Beijing’s Crackdown on Lawyers and Activists, was published on November 25, 2015 and addressed controversy over the ABA’s response to the detention of rights lawyers in China.
11/2/15 ASIA INTERNSHIP PANEL
The UC Hastings East Asian Legal Studies Program held an information session on internships in Asia. Professors Setsuo Miyazawa and Keith Hand introduced UC Hastings cooperative intern placement programs and numerous other summer internship opportunities in Asia. Summer 2015 interns discussed their work at the Beijing Arbitration Commission, the China International Economic and Trade Arbitration Commission (Hong Kong), Tilleke & Gibbins (Bangkok), Yoon & Yang (Seoul), Yulchon (Seoul), Shin & Kim (Seoul), and Oh-ebashi (Tokyo). (November 2015).
10/29/15 EAST ASIA SPEAKER SERIES EVENT: “LIABILITY AND COMPENSATION OVER THE FUKUSHIMA NUCLEAR DISASTER”
Professor Eri Osaka of Toyo University in Tokyo discussed legal issues stemming from the Fukushima nuclear disaster. Over 25 UC Hastings students, faculty, and members of the public attended the event.
9/18/15 symposium: GLASS CEILING FOR FEMALE PROFESSIONALS, EXECUTIVES, AND MANAGERIAL EMPLOYEES IN JAPAN: 30TH ANNIVERSARY OF THE EEOA AND PRIME MINISTER ABE’S “WOMANOMICS”
The UC Hastings East Asian Legal Studies program held its fourth symposium on Japanese law and society on Friday, September 18. The symposium focused on continued challenges for female professionals, executives, and managerial employees in Japan in the context of the 30th Anniversary of Japan’s Equal Employment Opportunity Act. Joan Williams, UC Hastings Distinguished Professor of Law and Director of the Center for Worklife Law, provided a comparative perspective on challenges for female professionals in the United States. Participants then took part in a robust discussion on the glass ceiling in Japan, the current social, cultural, and legal challenges that Japanese female professionals face, the nature of Prime Minister Abe’s ‘Womanomics,’ and the likelihood that Prime Minister Abe’s new policies will advance the professional status of women in Japan. The Hastings International & Comparative Law Review and the Japan Society of Northern California co-sponsored the symposium.
Last week’s symposium was the fourth symposium on law and society in Japan that has been held at UC Hastings. The first symposium, held in September 2012, focused on Japan’s ongoing judicial reform effort. Participants examined a wide range of issues, including reform of the legal education system, the bar examination, and the legal profession in Japan and experimentation with lay participation in criminal trials. The second symposium, held in September 2013 and co-sponsored by the Japan Society of Northern California, explored a range of issues related to corporate governance and capital markets in Japan. The third symposium, held in September 2014 and co-sponsored by Waseda University Law School, the Japan Society of Northern California, and the Collaborative Research Network on East Asian Law & Society, focused on the legal dimensions of the Fukushima nuclear disaster. Participants examined compensation standards for Fukushima victims, rights-based approaches to government support for Fukushima victims, access to legal representation, and the dispute resolution process in disaster cases.
9/15/15 GATEWAY TO THE PACIFIC: EAST ASIAN LEGAL STUDIES PROGRAM MIXER AND INFORMATION SESSION
On Tuesday, September 15, the East Asian Legal Studies (EALS) Program held a mixer and information session for current students interested in East Asian legal systems. There was a great turnout, with 25 J.D. and LL.M. students participating. EALS Senior Director Setsuo Miyazawa and Director Keith Hand introduced EALS program resources, including upcoming courses; new internship, exchange, and career opportunities; and the EALS event schedule for the 2015-2016 academic year.
9/12/15 senior PROFESSOR SETSUO MIYAZAWA LEADS DISCUSSION on japanese law schools AT ReNmin University SympoSium on reform of legal education and the legal profession in east asia
Renmin University held a daylong symposium on the reform of legal education and the legal profession in East Asia on Saturday, September 12 in Beijing. At the symposium, UC Hastings Senior Professor of Law Setsuo Miyazawa led a presentation titled “The Tragedy of Japanese Law Schools: Defective Birth, Remarkable Achievements, Downward Spiral, and Uncertain Future.” The event was held to launch the Trilateral Cooperation Studies Center in Law, which promotes academic collaboration among China, South Korea, and Japan.
8/6/15 Senior Professor Setsuo Miyazawa Organizes East Asian Law and Society Conference in Tokyo
Senior Professor Setsuo Miyazawa was the lead organizer of the 4th East Asian Law & Society Conference. The conference was held August 4 to 6 at at Waseda University in Tokyo, and it was a great success. UC Hastings was a proud sponsor of the welcome reception on the evening of August 4. Professor Miyazawa writes, "Three Presidents of the Law & Society Association (Valerie Hans of Cornell, the current President; Carroll Seron of UC Irvine, the Immediate Past President; Malcolm Feeley of UC Berkeley, the president for 2005-2007) and nine keynote speakers were invited, 266 people registered, and more than 50 sessions were organized. A pre-conference excursion to Japan’s largest prison and post-conference excursions to the Supreme Court, the Japan Federation of Bar Associations, and a town stricken by the quake, tsunami, and nuclear power plant disaster in March 2011 were conducted." Professor Miyazawa was also named the chair of the Interim Board of Trustees of the newly established Asian Law & Society Association.
7/29/15 Professor Keith Hand Discusses the Wave of Lawyer Detentions in China
Over the past two weeks, the Chinese government has detained more than 200 rights lawyers and their affiliates and in a national crackdown. Professor Hand has written extensively on China’s rights defense movement and citizen constitutional argument. His commentary on the crackdown has been published in both ChinaFile and Foreign Policy. Professor Hand has also been cited as an expert on recent events in articles in The Guardian, Deutsche Welle, the Irish Times, McClatchy papers (including the Sacramento Bee and Miami Herald), Christianity Today, and the Danish daily Berlingkse.
7/16/15 Chancellor & Dean Frank H. Wu Moderates Discussion with Author Gordon Chang
The Committee of 100 distributed the following summary of this event.
"On July 16, the Committee of 100 hosted Dr. Gordon Chang of Stanford University to discuss his new book, Fateful Ties: A History of America's Preoccupation with China. The event was moderated by C-100 member Dr. Frank Wu, Dean of UC Hastings College of the Law and was introduced by Holly Chang, our acting Executive Director.
Dr. Chang noted that his book gives the history of America’s fascination, concern, and interest in China and is an effort to understand the cultural and ideological structure behind Chinese-American relations. He noted with concern that the relationship between China and the United States is at a low point at the moment, lower than during Chairman Mao’s time, citing in part the plethora of books that paint China in a negative light.
However, he reassured the audience that due to the long history of the relationship, highs and lows are inevitable, and the relationship will improve with time. He did caution that the upcoming election cycle in the United States is of concern, with politicians making extreme comments about China and politicizing the relationship. America’s destiny is closely intertwined with China, and we must proceed with a balanced approach to maintain this most crucial of relationships.
The event was hosted by Umpqua Bank and was standing room only."
5/22/15 San Francisco Public Defender Jeff Adachi (’85) Gives Seminar in Tokyo
On May 22, San Francisco Public Defender Jeff Adachi gave a seminar at the Japan Federation of Bar Associations (JFBA) in Tokyo. Mr. Adachi discussed plea bargaining in the United States. This is a topic of interest in Japanese legal circles at the moment, as Japan is considering legislation related to plea bargaining. Senior Director of the East Asian Legal Studies Program Setsuo Miyazawa organized the seminar, which was well attended and lasted nearly three hours.
4/30/15 UC Hasting Signs New Exchange Agreement with Yonsei University Law School in Seoul, Korea
The East Asian Legal Studies Program is pleased to announce that UC Hastings and Yonsei University Law School have signed a new exchange agreement. Yonsei University is the oldest private university in Korea and home to one of Korea’s leading law schools. Under the exchange agreement, UC Hastings may place up to two J.D. students at Yonsei for one semester each year. UC Hastings will host Yonsei students in its LL.M. Program. The initial term of the agreement is six years. As the Korean legal services market continues to liberalize, foreign licensed lawyers will find a growing range of professional opportunities in this vibrant and innovative economy. The Yonsei agreement provides an important platform for UC Hastings students interested in taking advantage of these opportunities and will enrich our classrooms in San Francisco with perspectives from Korea. The new exchange agreement with Yonsei represents a critical expansion of UC Hastings East Asian Legal Studies Program resources in this key East Asian market.
4/23/15 UC Hastings Signs New Cooperative Agreement with the Taipei Bar Association
The East Asian Legal Studies Program is pleased to announce that UC Hastings and the Taipei Bar Association (TBA) have signed a new cooperative agreement. Over the next three years, UC Hastings and the TBA will work together to facilitate access to the UC Hastings LL.M. Program for recommended candidates from Taiwan, develop academic and professional exchanges on legal issues of interest to the United States and Taiwan, and develop a new summer internship for UC Hastings students in Taipei. The summer internship will be designed to help UC Hastings students “understand the basic operation of the judicial system, legal practice, and role of the bar associations in Taiwan.” We are honored to have this opportunity to work with the TBA to expand the scope of the UC Hastings East Asian Legal Studies Program and develop exciting new professional opportunities in Taiwan for our students and graduates.
4/7/15 Breakfast Session with Chuck Comey on China’s Draft Foreign Investment Law
On January 19, 2015, China's Ministry of Commerce issued a draft Foreign Investment Law for public comment. The first major overhaul to China's foreign investment legal regime in over 25 years, the new FIL signals a new stage in China's economic and legal evolution. To get a preview of the major proposed changes, guests joined Professor Auria Styles' Chinese Business Law seminar on Tuesday, March 31 to hear guest lecturer, Charles Comey, Partner at Morrison and Foerster.
Charles Comey is a corporate finance partner in the firm's Palo Alto office. Mr. Comey advises U.S. and foreign clients in acquisitions, joint ventures and strategic alliances, and venture capital and private equity financings. His clients include leading companies in the semiconductor, enterprise software, e-commerce, consumer, internet & media, communications, life sciences and alternative energy sectors. Mr. Comey's extensive cross-border experience includes 16 years working on the ground in Asia, first in the firm's Tokyo office, from 1994-2003, and then in the Shanghai office, which he opened in 2003 and where he served as managing partner until 2010. He speaks and reads Mandarin. Mr. Comey is recommended as a leading lawyer by Legal 500 Asia-Pacific 2014 (China Corporate and M&A - Foreign Firms), Chambers Global 2014 (PE expert based abroad - China Focus, PE foreign expert - US Focus) and Legal 500 Asia-Pacific 2010-2012. Mr. Comey is admitted to practice in California and is a member of the California and American bar associations.
4/2/15 Speaker Series - Mr. Doug Bandow, Cato Institute
The Hastings Federalist Society and the Hastings East Asian Legal Studies Program presented Mr. Doug Bandow, who delivered a lecture on American policy in Asia, with specific emphasis on China and the Korean peninsula. Commentary was provided by Professor Keith Hand, followed by Q&A. Mr. Bandow is a Senior Fellow with the Cato Institute.
2/26/15 Symposium on Professional Ethical Integrity: Cornerstone for Rule of Law Reform Around the Globe
Professor Fu Hualing, Faculty of Law, University of Hong Kong; Sally Huashin Yen, Deputy Secretary General of the Taipei Bar Association; and Daniel Yu Ping, Senior Advisor, UDA Education Consulting Group and Former China Country Director, American Bar Association Rule of Law Initiative, gave panel presentations on professional ethical integrity in Greater China. The Symposium highlighted the experience of justice systems around the world that face or have faced substantial rule of law challenges, including systems in which pioneering efforts are being made to address or vitalize professional ethics to sustain the rule of law. Symposium sponsors included McDermott Will & Emery, Baker McKenzie, and the Hastings International & Comparative Law Review.
2/25/15 East Asia Speaker Series with Professor Fu Hualing, "Civic Participation and Constitutional Development in Hong Kong"
Professor Fu Hualing, a constitutional law and human rights expert from the University of Hong Kong Faculty of Law, gave a presentation on the “Umbrella Movement” in Hong Kong, the evolving relationship between the Hong Kong Special Administrative Region and the central government of the People’s Republic of China, and implications of recent demonstrations for Hong Kong’s constitutional development.
1/14/15 UC Hastings Formally Launches the East Asian Legal Studies Program
On January 13, more than 100 local dignitaries and UC Hastings Board members, alumni, faculty, visiting scholars, and students filled the Alumni Reception Center for a reception to formally launch the new UC Hastings East Asian Legal Studies Program. There was a high level of energy in the audience, and the reception was a great success. We would like to thank the many members of the UC Hastings and Bay Area legal communities who took part in the reception or sent messages of support and congratulations.
Chancellor & Dean Frank H. Wu and Provost & Academic Dean Elizabeth Hillman started the formal reception program by explaining that the East Asian Legal Studies Program advances the law school’s strategic plan and academic program. Following these introductory remarks, the Honorable Nobuhiro Watanabe, Deputy Consul General at the Japanese Consulate; the Honorable Lee Sang-ryol, Deputy Consul General at the Korean Consulate; and the Honorable Liu Zhen, Consul and Political Section Director at the PRC Consulate, offered their congratulations and support for the new program. Senior Professor Setsuo Miyazawa and Professor Keith Hand then discussed the core components of the East Asian Legal Studies Program and their vision for its future development. In the final segment of the reception, a panel of East Asia scholars and practitioners, including Professor Stanley Lubman (UC Berkeley), UC Hastings alumnus Grant Kim, and UC Hastings alumnus John Kakinuki (through a written statement delivered by Professor Miyazawa), reflected on the development of East Asian legal studies in the United States and the significance of the new UC Hastings program. Many of the speakers noted that the UC Hastings program is the first comprehensive East Asian law program at a California law school and that UC Hastings is well positioned to have a significant impact in the field.
We welcome your comments, counsel, and support as we move this exciting new program forward.
1/5/15 Professor Setsuo Miyazawa Leads Discussion on the Current State of East Asian Legal Studies in the U.S. at AALS Annual Meeting and Is Elected First Chair of New AALS Section on East Asian Law & Society
The American Association of Law Schools held its Annual Meeting from January 2nd to January 5th in Washington, D.C. At the Annual Meeting, UC Hastings Senior Professor of Law Setsuo Miyazawa will lead a program titled “The Current State of East Asian Legal Education, Research, and Related Activities in U.S. Law Schools: Accomplishments and Future Challenges in the Current Legal Education Environment.” He was also elected the first Chair of the new AALS Section on East Asian Law and Society.
Professor Miyazawa co-founded the AALS Section on East Asian Law and Society with Matthew Wilson of Akron Law School and Carole Silver of Northwestern Law School. He is also chair of the Organizing Committee for the 4th East Asian Law & Society Conference that will be held at Waseda University August 4-6, 2015.
12/15/14 Asia-Pacific International Mediation Summit
The ABA Dispute Resolution Section, the Association of Indian Mediators, and UNCITRAL-RCAP co-sponsored an Asia-Pacific International Mediation Summit in collaboration with other international ADR leaders. The Summit was be held in New Delhi, India from February 12-15, 2015. Sheila Purcell, Director of the UC Hastings Center for Negotiation and Dispute Resolution, is a member of the Planning Committee. Registration information is available here.
12/3/14 UC Hastings Hosts Successful Events on the Korean and Chinese Legal Markets
The second event in our 2014-2015 East Asia Speaker Series was a great success. On November 4, nearly 40 students, faculty, alumni, and local lawyers attended our event on “Changing Legal Education and the Legal Market in South Korea.” (The Sutro Room was overflowing.) Judge Yong Hee Kim of the Gunsan Branch, Jeonju District Court, South Korea, and Ms. Ji Yeon Kim, Attorney at Kim & Chang, gave a fascinating presentation on the reform of legal education in Korea and the opening of the Korean legal market to foreign law firms.
The following day, UC Hastings hosted a lunch forum with Nolan Shaw ('12) on "Launching a Legal Career in China." Mr. Shaw is currently a corporate associate at the ZhongLun Law Firm in Beijing. Sixteen students and faculty members attended this informative lunch forum. Nolan offered a great deal of thoughtful advice on the Chinese legal market, job search strategies in China, and related resources.
Many thanks to our speakers and participants!
11/28/14 UC Hastings Faculty Give Presentations on Legislation and ADR in the Pearl River Delta
In mid-November, Professor Keith Hand traveled to Hong Kong to present at a conference on “Making, Enforcing, and Accessing the Law in China.” The Chinese University of Hong Kong and the European Chinese Law Society sponsored the conference. Professor Hand presented a paper titled “Understanding China’s System for Addressing Legislative Conflicts: Capacity Challenges and the Search for Legislative Harmony.” He also met with faculty at Hong Kong University and with local UC Hastings alumni Spencer Park and Michael Davis.
The following week, Director of the UC Hastings Center for Negotiation and Dispute Resolution and Clinical Professor Sheila Purcell traveled to Hong Kong, Dongguan, and Macau for a series of presentations and meetings. On November 20, the City University of Hong Kong hosted Professor Purcell as the keynote speaker for a symposium on "Discovery Enriched Curriculum: Best Practices in ADR Teaching.” She then traveled to the Dongguan Intermediate People’s Court to follow up on a 2012 site-visit and training she conducted for judges and mediators in the court’s pilot mediation program. Professor Purcell rounded out her schedule with a speech at the University of Macau titled "Court ADR Program Design" and meetings with faculty at Hong Kong University and the City University of Hong Kong.
11/15/14 Adjunct Professor Auria Styles to Teach Chinese Business Law in Spring 2015
The East Asian Legal Studies Program is pleased to announce that Auria Styles has joined UC Hastings as an Adjunct Professor and will teach the China Business Law seminar in the spring. Professor Styles is a senior corporate attorney with over twelve years of transactional experience in China and Sub-Saharan Africa. Professor Styles has practiced in the China and United States offices of major multinational law firms, including Gray Cary Ware & Freidenrich; Paul, Weiss, Rifkind, Wharton & Garrison; and Morrison Foerster. From 2003 to 2004, she served as Manager of Business Advisory Services for the U.S.-China Business Counsil. Professor Styles is the owner of the Law Offices of Auria Styles, where her practice focuses on mergers and acquisitions, venture capital and private equity investment, cross-border transactions, renewable energy, impact investing, social enterprises, sustainable business, and online media. Professor Styles holds a BA from Princeton University and a JD and an MAIS from the University of Washington.
11/6/14 China Practitioners to Visit UC Hastings
On Thursday, October 30, Greg Pilarowski, Founding Partner of Pillar Legal, visited the Introduction to Chinese Law course at UC Hastings. Mr. Pilarowski discussed variable interest entities and his experience representing foreign investors in China. Pillar Legal is a boutique law firm with offices in Shanghai and the Bay Area. UC Hastings Asia Network member Stephen Lim recently joined Pillar Legal as an associate.
On Wednesday, November 5 Nolan Shaw, Corporate Associate at the Zhong Lun Law Firm in Beijing, will discussed his China practice and strategies for securing jobs and internships in China. Mr. Shaw is a 2012 graduate of UC Hastings.
10/31/14 Professor Keith Hand Comments on Fourth Plenum and China's Integrated Political-Legal System
As we discuss the Fourth Plenum and “legal reform” in China, it is sometimes easy to forget that the Chinese Communist Party thinks about courts, prosecutors, lawyers, and justice bureaus as components of an integrated “political-legal” system. It is awkward to talk about “political-legal” reform or the “political-legal” system with Western audiences because we attach certain expectations to the term “political reform.” As a result, Western commentators on China tend to focus on progress or lack of progress in the “legal” dimensions of this system. I have never been completely comfortable with characterizations of China as turning “toward” or “away from” law and legal institutions, in part because I don’t think the basic motivations for development of the political-legal system or the Party’s views of political-legal institutions have really changed much over the last 25 years. Instead, at different stages, China’s leaders have decided to place greater emphasis on the “political” or “legal” dimensions of the duality to achieve their basic goals.
An adaptive Party is engaged in a constant process of adjusting its relative emphasis on these two dimensions of the system to find the right balance to achieve its goals in light of the particular mix of social, economic, and political conditions at play in a given period. In the 1990s, the Party focused on administrative law reforms, judicial professionalism, adjudication according to law, and related matters. The political dimension became less visible, but it remained at the core of the system. Over the last decade, as concern about social stability intensified, China’s leaders watched Color Revolutions topple authoritarian governments in the former Soviet Union, and China’s cadre of rights lawyers leveraged the reforms of the 1990s to make more expansive demands, greater emphasis was placed on the political dimension of the duality – Party loyalty, stability maintenance, suppression of rights lawyers, the concept of political-legal organs as instruments of the Party, and related elements. But courts still applied the law to adjudicate hundreds of thousands of cases annually, and many substantive “legal” reforms were advanced in the period. (The Property Law, the Open Government Information Regulation, reform of death penalty review procedures, juvenile justice reforms, and reform of the standards and process for urban property expropriations are just a few reforms that we might reference here.)
Veteran China lawyer Jiang Ping has talked about the Fourth Plenum as a “rebalancing.” This strikes me as one of the better conceptualizations of what is happening. Emphasis on the political dimension during the 2000s (under former head of the Party Political-Legal Committee Zhou Yongkang) led to some abuses and problems, and the leadership is now recalibrating. What it interesting is that while Xi Jinping seems to be returning to and modestly expanding on the administrative law and judicial reform playbook of the 1990s, he is simultaneously maintaining an emphasis on the political dimension of the duality. He is steadfastly emphasizing the principle of Party supremacy, Party control over the courts, and Party control over the discipline process; maintaining and even intensifying the campaign of repression against moderate rights lawyers and dissidents; tightening controls over the Internet and political-legal discourse; and centralizing authority.
Maintaining a focus on China's integrated “political-legal” system can help bridge the gap between the optimistic and pessimistic assessments of the Fourth Plenum that are circulating in the Western media this week. Such a focus can also help us set realistic expectations for the next stage of political-legal development and avoid the disappointment that results from misplaced expectations for groundbreaking “legal” reform.
Professor of Law and Director of the East Asian Studies Program
10/23/14 Professor Hand Quoted in New York Times Article on Legal Reform in China
NYT: China Moves to Reinforce Rule of Law, With Caveats
By Andrew Browne and Chris Buckley
October 23, 2014
BEIJING — Communist Party leaders, seeking to address widespread dissatisfaction with China’s politicized and corrupt judiciary, endorsed a raft of legal changes on Thursday to foster a more predictable legal system while keeping the courts under the firm control of the party. . . To read the full article, click here.
10/21/14 Deputy Secretary General of the Taipei Bar Association to Lecture at UC Hastings
UC Hastings was honored to welcome Sally Huashin Yen, Deputy Secretary General of the Taipei Bar Association, for a visit to the law school on Monday, October 20. Ms. Yen spent the day meeting with faculty and administrators. From 3:30 to 4:30, she gave a public lecture titled “Legal Ethics from Real Practice to Class: The Case of Taiwan.” The lecture was the first in our 2014-2015 East Asia Speaker Series.
Ms. Yen has been a leading figure in the development of attorney ethics rules in Taiwan. The story of the development of the Taiwanese legal profession is fascinating, and Ms. Yen helped us understand it.
10/17/14 Professor Keith Hand Discusses China’s Upcoming Fourth Plenum Meeting on Ruling the Country in Accordance with Law
As many of you know, the Fourth Plenum of the 18th Central Committee of the Chinese Communist Party will meet next week and will focus on ruling the country in accordance with law. This is the first time that the Central Committee has devoted an entire plenum session to legal reform issues. What can we expect?
The Fourth Plenum is likely to focus on strengthening the legal system as an instrument to discipline China’s vast bureaucracy. China’s leaders have stated that official corruption poses an existential threat to the Party. Local corruption and protectionism also create obstacles to Xi Jinping’s economic reform agenda.
Recent Chinese media reports emphasize the need to shift the focus of the current anti-corruption campaign from addressing the symptoms of corruption to addressing the root causes of corruption. To effectuate this shift, we can expect China’s leaders to revisit and expand modestly on the administrative and judicial reform playbook of the 1990s and early 2000s. These reforms centralized some legislative and administrative powers, curbed lower-level administrative discretion, and enlisted courts and citizens in the task of monitoring lower-level officials.
Reform efforts already underway highlight this general orientation. Over the past year, the National People’s Congress Standing Committee has released several draft amendments to the 1989 Administrative Litigation Law. The draft amendments expand the scope of judicial review of administrative acts, extend the deadline for filing claims, and enhance sanctions on agencies that refuse to enforce rulings.
China’s State Council is leading efforts to eliminate many “examination and approval” requirements. Central authorities view the thicket of examination and approval requirements at all levels as a drag on economic activity and a vehicle for corruption. The current effort advances general policy objectives that also motivated the adoption of the Administrative Licensing Law in 2003.
Last month, the NPCSC circulated draft amendments to the 2000 Legislation Law. The law more clearly defined the boundaries of local and central legislative powers, established rules for enforcing China’s hierarchy of legislation and eliminating legislative conflicts, and promoted limited public participation in the legislative process. Proposed amendments strengthen these efforts by carving out new fields of exclusive central legislative authority, further tightening controls on administrative rulemaking, and providing that draft legislation should be circulated for public comment.
Proposed judicial reforms elevate management over local court budgets and judicial appointments to the provincial level and promote judicial professionalism. These reforms would reinforce the proposed legislative changes above. Arguably, courts staffed by more capable judges and better insulated from local government interference would provide a more effective check on China’s bureaucracy.
The Fourth Plenum is likely to build modestly on these current efforts. Will it go further? Jerome Cohen has raised the possibility that the Party might call for a constitutional supervision committee. Indeed, language in the Third Plenum resolution issued in November 2013 emphasizes the need to improve constitutional supervision mechanisms.
It is worth noting that such as step is not necessarily inconsistent with a disciplinary model. Other socialist states have established similar institutions to police local legislation. Nonetheless, I am not optimistic that the Fourth Plenum will call for a constitutional supervision committee. I think we would see evidence of such a reform in the draft Legislation Law amendments, and I do not see such evidence. Instead, the amendments make only minor changes to the limited and ineffective process that existing NPC organs follow to review some legislation for conformity with higher-level legislation and the Constitution.
Professor of Law and Director of the East Asian Studies Program
10/16/14 UC Hastings Hosts National Committee on U.S.- China Relations CHINA Town Hall
The National Committee on U.S.-China Relations selected UC Hastings as one of 74 host sites for the 2014 CHINA Town Hall program.
The CHINA Town Hall began with a national interactive webcast with former President Jimmy Carter. Mr. Stephen A. Orlins, President of the National Committee on U.S.-China Relations, will moderate the national webcast. Participants at local sites throughout the country will have an opportunity to E-mail questions to President Carter.
Following the webcast, Professor Keith Hand and Adjunct Professor Auria Styles led a vibrant discussion on recent development in China’s legal reform process. Professor Hand previewed the upcoming Fourth Plenum of the 18th Central Committee of the Chinese Communist Party. The Fourth Plenum is focused on rule in accordance with law. Professor Styles presented on the current environment for foreign investors in China.
Over 50 faculty, students, alumni, and guests attended this unique national event. A detailed introduction to the CHINA Town Hall and a link to a recording of the interactive webcast with President Carter is available here.
10/6/14 UC Hastings Faculty Speak at Military Law and Procedural Law Conferences in Seoul
In late September, Provost and Academic Dean Elizabeth Hillman traveled to Seoul for the 2014 International Symposium on Security and Military Law. Dean Hillman presented on U.S. responses to sexual assault in the military.
The following week, Distinguished Professor Rick Marcus traveled to Seoul for the 2014 Annual Meeting of the International Association of Procedural Law (October 1-4). He presented on a panel examining the right to access to justice and public responsibilities.
9/20/14 UC Hastings Hosts Symposium on the Legal Dimensions of the Fukushima Nuclear Disaster
UC Hastings hosted a daylong symposium on the legal dimensions of the Fukushima nuclear disaster on Friday, September 19. Waseda University Law School, the Japan Society of Northern California, and the Collaborative Research Network on East Asian Law & Society co-sponsored the symposium. More than fifty participants from around the United States and Japan took part in a robust discussion on compensation standards for Fukushima victims, rights-based approaches to government support for Fukushima victims, access to legal representation, and the dispute resolution process in disaster cases.
The Fukushima symposium was the third in a series of UC Hastings symposia on the Japanese legal system.
The first symposium, held in September 2012, focused on Japan’s ongoing judicial reform effort. Participants examined a wide range of issues, including reform of the legal education system, the bar examination, and the legal profession in Japan and experimentation with lay participation in criminal trials.
The second symposium, held in September 2013 and co-sponsored by the Japan Society of Northern California, explored a range of issues related to corporate governance and capital markets in Japan.
8/30/14 UC Hastings Welcomes Visiting Scholars and LL.M. Students from the Asia-Pacific Region
UC Hastings is pleased to welcome four visiting scholars from East Asia for the current academic year.
-Yong Hee Kim, Judge, Gunsan Branch Court, Jeonju District Court, South Korea
-Yoko Hamada, Associate Professor of Law, Okayama University
-Xiang Anan, Ph.D. Candidate, East China University of Politics and Law (Shanghai) and Lecturer, Zhejiang University, Ningbo Institute of Technology
-Li Xiaowei, Ph.D. Candidate, Southwest University of Politics & Law (Chongqing)
The law school is also pleased to welcome new LL.M. students from Indonesia (1), Japan (3), Mainland China (4), and Taiwan (1).
Visiting scholars and LL.M. students enrich our learning environment with inside perspectives from around the Pacific Rim. For example, a visiting scholar and an LL.M. student from China are audited our fall survey course on the Chinese legal system. Their contributions to our class discussions are invaluable.
If you know prospective visiting scholars or LL.M. students with an interest in the Bay Area, please encourage them to apply to UC Hastings.
8/27/14 UC Hastings Seattle Alumni Event on China
On August 27, Chancellor & Dean Frank H. Wu and Professor Keith Hand spoke at a UC Hastings alumni event in Seattle, Washington. The event focused on the Chinese legal system and the East Asian Legal Studies Program. We had a fantastic turnout and many great comments and questions on Chinese legal developments. Seattle is truly a portal to the Pacific Rim. We thank our hosts Mike Fleming, Jerry Kindinger, and Gulliver Swenson at Ryan Swanson and our participating Seattle area alumni for making the event such as success.