60 Years of Chinese Legal Reform: A Berkeley Perspective Agenda

March 16 (afternoon) – San Francisco at World Affairs Council
March 17 (all day) – UC Berkeley (Bancroft Hotel)
Hotel space is available at the Graduate Hotel at UC Berkeley.

This event celebrates sixty years of teaching Chinese law at UC Berkeley and looks both at the
development of Chinese law and Chinese legal studies and prospects for the future. The first
half day of the program will be in downtown San Francisco and will discuss business and
commercial issues. The second day will focus on academic and public policy issues.
Organizer: Berkeley Center for Law and Technology/Asia IP Project
Additional Support Provided By: Robbins Collection in Religious and Civil Law at Berkeley Law,
the Miller Institute for Global Challenges and the Law at Berkeley Law, and the East Asian
Institute at UC Berkeley.

Monday, March 16, 2020

1:00 – 1:15 p.m.

 Opening Remarks

Philip Yun (World Affairs Council)
Richard Buxbaum (Berkeley Law)
Jerome Cohen
Stanley Lubman

1:15 – 2:30 p.m.

Innovation and Intellectual Property Protection

Views from the field on progress and ongoing challenges in IP, privacy,
antitrust and scientific collaboration; analysis of the Phase I Trade

Mark Cohen (UC Berkeley)

Graham Webster
Liu Jiarui 
Anna Han
Sam Li 

2:30 – 2:45 p.m. Break  
2:45 – 4:00 p.m.

Dispute Resolution – Public and Private

What is the record on business dispute resolution between US and
Chinese companies in China? Are China and the US “in good standing”
in the international trade sphere? How do they view international
dispute resolution mechanisms? Is the WTO a dead letter now that
“managed trade” has reemerged?

Donald Clarke 
Ron Cheng 

Mark Wu 
Ji Li 
Shahla Ali 
Steve Harris 

4:00 – 4:15 p.m.


4:15 – 5:15 p.m.


Rule of Law in China: Its Past, Present and Future

Jerome Cohen and Stanley Lubman share their views and thoughts of
the past sixty years of Chinese legal development and their
significance for the future.


Mary Kay Magistad (UC Berkeley, former NPR/PRI Journalist)

Jerome Cohen
Stanley Lubman

5:15 – 6:15 p.m.

Networking Reception

A bus will bring out of town guests back to Berkeley after the


Tuesday, March 17, 2020

9:00 – 9:30 a.m.

Opening Remarks

Dean Erwin Chemerinsky 
Jerome Cohen
Stanley Lubman

9:30 – 10:45 a.m.

China and International Law

Is China a responsible member of the international community? Is
China bending the accepted norms when it comes to Taiwan, the
South China Sea, Hong Kong?

Jerome Cohen

Yu-jie Chen 
Alex Wang 
Zang Dongsheng 

10:45 – 12:00 p.m.

Constraints on the State – Administrative Law

Are there meaningful constraints on the State’s ability to act
arbitrarily? Can you “fight City Hall” in China?

Neysun Mahboubi 

Stanley Lubman,
Wang Xixin  
Zhou Hanhua 
Jamie Horsley
Keith Hand

12:00 – 1:30 p.m. Lunch

Guest Speaker:
John Pomfret, “Rule of Law, The Beautiful Country and the Middle Kingdom”

1:30 – 3:00 p.m.

Big Data, Empircism and Chinese Legal Studies

As the Chinese legal system becomes more transparent, more data is
now available; what are we learning? How should it impact policy?

Robert Merges

Rachel Stern  
Susan Finder 
Brian Wright 
Glenn Tiffert

3:00 – 3:15 p.m. Break  
3:15 – 4:45 p.m.

Chinese Legal Practice and Scholarship in an Era of Uncertainty – A Cross-Generation View

A panel of experts young and old discuss the future of Chinese legal

William Alford
Randle Edwards
Jim Feinerman
Michael Klausner
Max Goldberg
Tobias Smith
Su Li
Philip Rogers

4:45 – 5:15 p.m.

Wrap Up

Orville Schell
Stanley Lubman
Jerome A. Cohen

6:00 p.m.

Reception and Dinner

Faculty Club