East Asian Legal Studies Center

Fall 2014 Events

September 22, 2014

"How the World Trade Community Operates" by Professor Sungjoon Cho, Chicago-Kent College of Law, noon-1:15 p.m., Lubar Commons, hosted by Professor Jason Yackee, pizza will be served.

October 9, 2014

"The Islands Problem: Tensions Between China, Japan, and Taiwan in the East China Sea" by Professor Alexis Dudden, University of Connecticut, and Associate Dean Kevin Kelly, University of Wisconsin Law School. 4-6 p.m., Foley & Lardner Courtroom, Room 3260 Law School, hosted by the East Asian Legal Studies Center and Professor Sarah Thal.

Abstract: Japan has territorial disagreements with each of its international neighbors -China, Taiwan, Korea, and Russia- in the form of sovereignty contests over tiny islands in the seas between them. These islands represent shards of Japan's modern history of war and empire. Brinksmanship over ownership of these islands has intensified dramatically in recent years. Today, the nation that wins exclusive control not only maintains control over the islands, but the ocean floor, too. With the most to gain, Japan has the most to lose. In clear but complicated ways, the intensity of Japan's disagreement centers on these discrete yet tightly linked phenomena.

With specific regard to the most prominent of the Japanese territorial disputes, the dispute with China over the Senkaku Islands (with the Chinese call the Diaoyu), what has characterized the United States approach with respect to the international legal issues, US defense policy, and American strategic concerns?

About Professor Alexis Dudden: Alexis Dudden is a professor of history at the University of Connecticut. She has written extensively about Japan and Northeast Asia, publishing recently online in Dissent, The Diplomat, and the Huffington Post among other venues. Dudden has numerous articles in print, and her books include Troubled Apologies Among Japan, Korea, and the United States (Columbia) and Japan's Colonization of Korea (Hawaii), and she is currently writing a book about Japan's territorial disputes and the changing meaning of islands in international law. Dudden received her BA from Columbia University in 1991 and her Ph.D. in history from the University of Chicago in 1998. She has lived and studied for extended periods of time in Japan and South Korea, and this past year she was at Princeton University as a visiting fellow in the Institute of International and Regional Studies. Additional awards include Fulbright Fellowships to Japan and Korea, ACLS, NEH, SSRC grants, and a year as a fellow at Harvard University's U.S.-Japan Program.

About Associate Dean Kevin Kelly: Associate Dean Kevin Kelly has been on the Law School Staff since 1998. He received a B.S. with honors in Foreign Service from Georgetown University and his J.D. with honors from the University of Wisconsin where he was Editor-in-Chief of the Wisconsin Law Review. Following graduation from law school Dean Kelly served as a criminal defense attorney and staff judge advocate in the U.S. Navy Judge Advocate General's Corps, and was stationed in San Francisco and Scotland. Dean Kelly is an officer in the Naval Reserve specializing in military operational law, the law of armed conflict and related international law issues. In 2003, he was recalled to active duty, serving as a NATO legal advisor to the Peace Stabilization Force (SFOR) in Bosnia-Herzegovina, as well as on the U.S. European Command headquarters staff during the Iraq War. His current assignment is to the Office of the Judge Advocate General of the Navy, International and Operational Law, Pentagon. His immediate past assignment was Commanding Officer of the U.S. Naval War College International Law Department reserve unit in Newport, Rhode Island.

Professor Dudden's article in Dissent Magazine

October 22, 2014

"The Rise of Private Business in China" by Dr. Nicholas Lardy, fellow at the Peterson Institute for International Economics in Washington, D.C., 4:30 p.m., DeLuca Forum at the Wisconsin Institutes for Discovery, hosted by the Wisconsin China Initiative.

Abstract: Dr. Lardy's most recent book, Markets Over Mao, traces the increasing role of market forces and refutes the widely advanced argument that Chinese economic progress rests on the government's control of the economy's "commanding heights." This free public lecture is held as part of the Wisconsin China Initiative's "Red Cap on Series on China & Global Economics."

About Dr. Lardy: Dr. Lardy received his bachelor's degree in economics from the UW-Madison in 1968, and his Ph.D. in economics from the University of Michigan in 1975. He is a former professor of economics at Yale University and former director of the Jackson School of International Studies at the University of Washington. He is considered one of the world's most foremost experts on the Chinese economy.

November 6, 2014

"Human Rights in Post-Martial-Law Taiwan: Lessons for the People's Republic of China" by Professor Margaret Lewis, Seton Hall Law School, noon-1:15 p.m., Lubar Commons, hosted by the East Asian Legal Studies Center.

Abstract: In less than three decades, Taiwan has transformed from a repressive, authoritarian state into a vibrant democracy. Changes to the legal system have played a central role in this story. Now that Taiwan has adopted the contents of the International Covenant on Civil and Political Rights as domestic law, it is an opportune moment to reflect on Taiwan's journey towards embracing international human rights norms and to confront remaining challenges. The situation across the straight is markedly different. Today, Taiwan's Constitutional Court has no counterpart on the Mainland and analogues to Taiwan's former police-controlled punishments remain in effect. As calls for reform on the mainland become increasingly vocal, how might Taiwan's experience inform efforts to increase human rights protections in the People's Republic of China?

About Professor Margaret Lewis: Maggie Lewis joined Seton Hall Law School as an Associate Professor in 2009. She is a term Member of the Council on Foreign relations, a Public Intellectuals Program Fellow with the National Committee on U.S.-China Relations, and an Affiliated Scholar of NYU School of Law's U.S.-Asian Law Institute. Following graduation from NYU School of Law, she worked as an associate at the law firm of Cleary, Gottlieb, Steen & Hamilton and a law clerk for the Honorable M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit.

November 18, 2014

Lecture by Neysun Mahboubi, University of Pennsylvania, Noon-1:15 p.m., Lubar Commons, hosted by the East Asian Legal Studies Center.

Abstract: Passage of China's Administrative Litigation Law in 1989 reflected and marked the culmination of a particularly vibrant period in Chinese legal and even political reform. Many of the practical obstacles to successful administrative litigation in the years since have likewise reflected the boundaries of reform. For the community of administrative law scholars and practitioners in China that first coalesced around the passage of the Administrative Litigation Law, the prospect of revising the law has long appeared as a good opportunity to try addressing at least some of those systematic limitations. Against the backdrop of history and expectations, this talk offers a preliminary evaluation of the actual revision of the Administrative Litigation Law that was finally adopted on November 1st. In its immediate aftermath of the Communist Party's Fourth Plenum meeting and a decision on promoting the "rule of law," the revision also serves as a valuable early litmus test.

About Neysun Mahboubi: Neysun A. Mahboubi is a Research Scholar of the Center for the Study of Contemporary China at the University of Pennsylvania. His primary academic interests are in the areas of administrative law, comparative law, and Chinese law, and his current writing focuses on the development of modern Chinese administrative law. He is co-chair of the international committee of the ABA Section of Administrative Law and Regulatory Practice, consults for the Asia Foundation on Chinese administrative procedure reform, and moderates the Comparative Administrative Law Listserve hosted by Yale Law School. Previously, he was a Visiting Assistant Professor at the University of Connecticut School of Law, where he taught courses on administrative law and comparative law, and before that a Fellow of the China Law Center, and Tutor-in-Law at Yale Law School. He also has taught at Princeton University's Woodrow Wilson School. He served as a trial attorney in the Civil Division (Federal Programs Branch) of the U.S. Department of Justice, and as a law clerk to Judge Douglas P. Woodcock of the U.S. District Court for the District of Massachusetts. He holds a J.D. from Columbia Law School and an A.B. in Politics and East Asian Studies From Princeton University.

December 4, 2014

Panel Discussion, Ruling China According to the Law? Interpreting the Fourth Plenum Decision of the CCP's 18th Central Committee, 4-5:30 p.m., Law School Room 7200 (Lubar)

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