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)

H. Stephen Harris, Jr., Winston & Strawn

Liu Jiarui, University of San Francisco

Rob Merges, Berkeley Law

Joseph Simone, SIPS IP

Tim Stratford, Covington & Burling

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

Anna Han, Santa Clara

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

Jamie Horsley, Yale

Greg Wajnowski

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.

Constraints on the State: Public Law and Civil Society
Are there meaningful constraints on the State’s ability to act
arbitrarily? Can you “fight City Hall” in China? What role can civil
society continue to play in China?

Neysun Mahboubi, University of Pennsylvania (moderator)
Stanley Lubman;

Jamie Horsley,  Yale;

Keith Hand, Hastings

Mark Sidel, Wisconsin

Jeffrey Lubbers, American University (commentator)

10:30 a.m. – 12:00 p.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?

Graham Webster, Stanford-New America DigiChina (moderator)

Dr. Deng Fei, Charles River Associates (via web)

Susan Finder, Peking University/Shenzen

Tobias Smith, Berkeley Law

Rachel Stern, Berkeley Law

Glenn Tiffert, Hoover

Brian Wright, Agricultural & Resource Economics – Berkeley

12:00 – 1:30 p.m.

Lunch

Guest Speaker: “China’s Contribution to the Universal Declaration of Human Rights”

John Pomfret, Former Washington Post Puureau Chief, Beijing
1:30 – 3:00 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 Chen, New York University (moderator)

Yu-Jie Chen, University of Hong Kong

Jacque DeLisle, University of Pennsylvania

Zang Dongsheng, University of Washington

Natalie Lichtenstein, Johns Hopkins

Alex Wang, UCLA

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
Young scholars discuss the future of Chinese legal scholarship.

 

Jim Feinerman, Georgetown (moderator)

Philip Rogers, Berkeley – Political Science

Kristin Makai Sangren, Berkeley-Anthropology

Shazed Ahmed, Berkeley- School of Information

Su Li, Law-Berkeley

Max Goldberg, Law-Yale

Siyao Li, U Penn- Political Science (via web)

4:45 – 5:15 p.m.

Wrap Up

Orville Schell, Asia Society

Mark Cohen


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