60 Years of Chinese Legal Reform Agenda

 

Monday, March 16, 2020
World Affairs Council, San Francisco | 312 Sutter St #200, San Francisco

 

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 during these past sixty years and their prospects for the future. The first half-day of the program will be in downtown San Francisco and will focus on business, commercial law and overall themes.  The second day will focus on several academic and public policy issues.

 

1:00 – 1:15 p.m.

Opening Remarks

Richard Buxbaum, Berkeley Law

Philip Yun, World Affairs Council

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
Agreement.

Mark Cohen, Berkeley Law/BCLT (moderator)

Kirti Gupta, Qualcomm

Anna Han, Santa Clara

Liu Jiarui, University of San Francisco

Sam Li, Wanhuida IP

Graham Webster, Hoover Institution

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, George Washington Law School (moderator)

Ron Cheng, Association of the United States Army, D. Nevada (moderator)

Shahla Ali, University of Hong Kong

Susan Finder, Peking University and Shenzhen University

Hon. Elizabeth LaPorte, JAMS

Ji Li, UC Irvine

Mark Wu, Harvard

4:00 – 4:15

Break

 

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 (moderator)

Jerome Cohen, New York University

Stanley Lubman, UC Berkeley

5:15 – 6:15 p.m.

Networking Reception
A bus will bring out of town guests back to Berkeley after the
reception.

 

Tuesday, March 17, 2020
Bancroft Hotel, Berkeley | 2680 Bancroft Way, Berkeley

9:00 a.m. – 9:15

Opening Remarks

Dean Erwin Chemerinsky, Berkeley Law

9:15 – 10:30 a.m.

Big Data, Empiricism, 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, Berkeley Law/BCLT (moderator)

Susan Finder, Peking University and Shenzhen University

Tobias Smith, Berkeley Law

Rachel Stern, Berkeley Law

Glenn Tiffert, Hoover Institution 

Brian Wright, UC Berkeley

10:30 a.m. – 12:00 p.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, New York University (moderator)

Yu-jie Chen

Zhen Dongsheng, University of Washington

Alex Wang, UC Los Angeles

12:00 – 1:30 p.m.

Lunch

John Pomfret, Former Washington Post Puureau Chief, Beijing
1:30 – 3:00 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, University of Pennsylvania(moderator)

Keith Hand, UC Berkeley

Zhou Hanhua, CASS

Jamie Horsley, Yale

Stanley Lubman, UC Berkeley

Mark Sidel, University of Wisconsin

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
scholarship.

 

Randle Edwards, Columbia (moderator)

Jim Feinerman, Georgetown (moderator)

Michael Klausner, Stanford University (moderator)

4:45 – 5:15 p.m.

Wrap Up

Orville Schell, Asia Society