East Asian Law and Society 2017 Newsletter
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AALS East Asian Law & Society Section Newsletter: A Roundup of East Asian Law and Society News, and Call for Reports of Members’ Activities December 2017 Section Officers (as of December 2017) Contents Chair, 2017: James Feinerman, Georgetown University Law Section Officers 1 Center Greetings from Chair-Elect Rob Leflar 2 Section News: 2 Immediate Past Chair, 2016: Carole Silver, Northwestern University Pritzker School of Law Setsuo Miyazawa, UC Hastings, Section Secretary News from Section Members (in alphabetical order) 3 Chair-Elect, 2017: Robert B Leflar, University of Arkansas Keith Hand School of Law (to become Chair in 2018) Andrew Harding Secretary, 2017: Setsuo Miyazawa, University of California Virginia Harper Ho Hastings College of the Law Robert H. Hu Executive Committee At-large Members: David Law Rob Leflar Ilhyung Lee, University of Missouri School of Law Setsuo Miyazawa Andrew Pardieck Judith McMorrow, Boston College School of Law Erin Ryan Tim Webster, Case Western Reserve University School of Law Carole Silver Timothy Webster Margaret Woo, Northeastern University School of Law Charles Weisselberg Press Release about Section Members 7 $5 Million Gift to NYU Law School News from Related Associations 8 CRN33 of the LSA Asian Law and Society Association aals east asian law & society section newsletter II. East Asian Law & Society Section Events at the 2018 Greetings from AALS Meeting in San Diego Those who have not yet registered are urged to register Chair-Elect Rob Leflar from https://www.aals.org/am2018/. The EALS Section will have the following sessions. Congratulations on a productive year – as demonstrated by Friday, January 5, 2018, 1:30 - 3:15 pm [ 5365] East Asian the reports you’ll read in this newsletter! I hope to see most Law & Society – Call for Papers: Research in Progress on East of you at AALS in San Diego. We sponsor or co-sponsor three Asian Law & Society sessions: (1) our Call-for-Papers session, Friday Jan. 5, 1:30- 3:15 [session 5365], at which we’ll honor and discuss papers The Selection Committee consisting of Eric Feldman (Penn), submitted by Wen-chen Chang & David Law, Yu-jie Chen, Chulwoo Lee (Yonsei), Robert B Leflar (Arkansas, chair), Craig Ayako Hatano, and Judith McMorrow, Sida Liu & Benjamin Martin (Washburn), and Teemu Ruskola (Emory) selected van Rooij; (2) New Directions for U.S.-Based Law Studies for the following papers. Foreigners, Saturday Jan. 6, 1:30-3:15 [6370]; and (3) our • Wen-chen Chang (National Taiwan University) and annual Section meeting at lunch on Saturday, 12:15-1:30 David Law (Washington University in St. Louis and [1418], at which we’ll honor Setsuo Miyazawa for his service University of Hong Kong), “Chinese Constitutionalism: to EALS and elect officers for the coming year. An Oxymoron?” Section leadership opportunities: Setsuo Miyazawa, founder • Yu-jie Chen (Academia Sinica), “Localizing Human Rights and godfather of this Section, as Secretary in 2017 would Treaty Monitoring: Case Study of Taiwan as a Non-UN normally be slated to succeed as Chair-Elect in 2018. But Member State.” because of a bizarre decision by his U.S. law school, U.C. • Ayako Hatano (NYU), “Can Strategic Human Rights Hastings, not to continue his full-time faculty status, under Litigation Complement Social Movements? A Case Study AALS rules he can’t serve. The bright side of this is that two of the Anti-Hate Speech Movement in Japan” Section leadership positions (Chair-Elect and Secretary) rather than one, are open to the Section membership. So those • Judith McMorrow (Boston College), Sida Liu (University willing to step forward and volunteer have an opportunity to of Toronto), and Benjamin van Rooij (UC Irvine), “Lawyer do so at our Section meeting in San Diego, Saturday at 12:15. Discipline in an Authoritarian Regime: Empirical Insights (The location within the conference hotel will be announced from Zhejiang Province, China” at the conference.) The winning papers will receive offers of publication in the Asian Law Review, published at the University of Section News Pennsylvania. Saturday, January 6, 2018, 12:15 – 1:30 pm [1418] East by Setsuo Miyazawa, UC Hastings Asian Law & Society Luncheon EALS Section Secretary for 2017 Ticket price $75 per person. I. Publication of the Papers Presented at the Call for Papers Jim Feinerman (Georgetown) will become the Immediate Session at the 2017 AALS Meeting Past Chair, Rob Leflar (Arkansas) will become the Chair, while From among the papers presented at the Call for Papers Setsuo Miyazawa (UC Hastings) will resign as the Secretary. Session at the 2017 AALS Meeting in San Francisco in Election of the Chair-Elect and the Secretary will be January 2017, the following papers have been published conducted. in Volume 12, Issue 3, Spring 2017 of the University of Saturday, January 6, 2018, 1:30 – 3:15 pm Pennsylvania Asian Law Review. Carole Silver (Northwestern [6370] East Asian Law & Society, Co-Sponsored by Graduate University) contributed “Introduction: Law & Society in the Programs for Non-U.S. Lawyers and International Legal Context of East Asia.” Exchange – New Directions in U.S. Based Law Studies for • Anna High (Loyola University of Chicago), “’It’s Grace Foreigners. and Favor, It’s Not Law’: Extra-Legal Regulation of III. Join the EALS Section Foreign Foster Homes in China.” Those who have not yet joined the EALS Section are urged • Colin P. A. Jones (Doshisha University), “From Great Writ to join by writing both to the AALS mailto:[email protected] to Tuning Fork: How Habeas Corpus Was Tamed in Japan.” and to Rob Leflar, [email protected] . • Park Kyung Sin (Korea University) and You Jong-Sung (Australian National University), “Criminal Prosecutions for Defamation and Insult in South Korea with a Leflarian Study in Election Contexts.” 2 aals east asian law & society section newsletter Andrew Harding News from Section Professor of Law National University of Members Singapore Keith Hand 2017 for me began Associate Dean for Global with the publication of Programs, Professor of Constitutionalism and Law, and Director of the Legal Change in Myanmar, East Asian Legal Studies which I edited with Khin Program, University Khin Oo. This came out of California, Hastings with Hart/ Bloomsbury. I College of the Law am also co-founding-editor of the same publisher’s East Asian Legal Studies series Constitutional Program at UC Hastings Systems of the World (which foregrounds contextual analysis of constitutional systems and is therefore very much law-and- In January 2015, the society work), and I worked extensively on Scott Newton’s University of California, book, The Constitutions of the Independent States of Central Hastings College of the Asia: A Contextual Analysis Law formally established an East Asian Legal Studies Program. , which came out in February, as Co-founders Senior Professor Setsuo Miyazawa and Associate well as Arun Thiruvengadam’s The Constitution of India: A Dean for Global Programs Keith Hand had three core objectives Contextual Analysis, published in December. We have already in launching the program: to establish a hub for research published eight other books on Asian countries. I also worked and exchange on East Asian Legal systems in the heart of San with Dian AH Shah editing a book called Law and Society in Francisco, to advance mutual understanding of the historic Malaysia: Pluralism, Ethnicity and Religion, which will appear changes taking place in this dynamic region, and to provide the in the new year with Routledge; and with Maartje de Visser next generation of UC Hastings students with the knowledge and Hu Jiaxiang on a book called Legal Education in Asia: From and professional training they will need to work effectively with Imitation to Innovation, published in December with Brill. clients and counterparts around the Pacific Rim. In September I submitted a book MS to Cambridge UP on The program takes a multifaceted approach to advance Constitutional Courts in Asia, which I edited with Albert Chen. these objectives. It adds to an already rich selection of I have chapters in all the books I have edited listed above, in international and comparative law courses at UC Hastings by addition to which I have been working up material on the new offering survey courses on the Chinese and Japanese legal monarchy in Malaysia, presented at a conference in Cambridge systems and specialized seminars on Chinese business law, in July; and published an article on devolution in Sarawak. I am Japanese business law, and the impact of China’s rise on the preparing to teach from January a course on Law and Society international legal order. It offers students opportunities to in South East Asia with George Radics from NUS Sociology participate in exchanges at leading universities across in East Asia, including Waseda University, Hitotsubashi University, Department, which will be a first at NUS in bringing law Peking University, Shanghai Jiaotong University, National students and sociology students together in the same class. Taiwan University, and Yonsei University. Our cooperative Cheers, Andrew intern placement relationships with employers and bar associations in East Asia facilitate student access to high-level internships across the region. Virginia Harper Ho Finally, the program provides a robust offering of lectures, Professor of Law & Edwin conferences, and public programs. In the fall of 2017, for W. Hecker, Jr. Teaching example, the program organized its sixth annual symposium Fellow, Co-Director, on the Japanese legal system (which focused on hate speech Polsinelli Transactional laws in Japan); hosted David Rank, former Charge d’affaires at Law Center, University of the U.S. Embassy in Beijing, for a lecture on U.S.-China relations; Kansas School of Law welcomed leading scholars and practitioners to lecture on topics ranging from corporate governance in Japan to regulatory Virginia Harper Ho is a compliance in China; and held a special ceremony to celebrate Professor of Law at the Senior Professor Setsuo Miyazawa’s festschrift.