中國法律研究中心 Summer 2010 CENTER FOR CHINESE LEGAL STUDIES Innovative Seminar on Chinese Law, Society, and Governance Brings Leading Scholars to Campus By Christopher Gomes A semester-long interdisciplinary colloquium about Chinese law, “There is a lot of exciting work being done by scholars society, and governance attracted standing-room-only audiences on both contemporary law and society and on Chinese legal at Columbia Law School during the spring 2010 semester. history,” Liebman said. “But scholars and students in law, More than 35 students from the Law School and the Graduate history, and the social sciences do not talk to each other very School of Arts and Sciences were enrolled in the course often. This colloquium was one step toward fostering cross- “Chinese Law and Society.” But the public, other students, and disciplinary dialogue.” professors also attended to hear leading scholars discuss their Zelin, the Dean Lung Professor of Chinese Studies at China-focused research in this weekly colloquium. Columbia University, is working on a project about the legal Professors Benjamin Liebman and Madeleine Zelin invited 11 history of the Qing Dynasty. specialists from several fields, including history, law, and political This cross-disciplinary course was the first of its kind for science, to discuss topics ranging from justice in 17th-century the university and for the Center for Chinese Legal Studies. China to television as a campaign medium. Usually, the Center hosts at least one major event and a Liebman is director of the Center for Chinese Legal Studies, speaker series in the spring semester. This colloquium was which, along with the Weatherhead East Asian Institute, the first series law students could take for credit and for sponsored the events. Liebman’s research focuses on the role which readings were available to the public in advance of of media in the Chinese legal system, Chinese tort law, and the the speakers’ presentations. evolution of China’s courts and legal profession. Colloquium Presentations January 26 February 16 Concepts of Justice in Late Imperial China When Being Fair Means Breaking the Jonathan K. Ocko, Professor of History and Rules: Citizen Criteria for Procedural Department Head, North Carolina State Justice and State Legitimacy University, Raleigh Lily L. Tsai, Associate Professor, Political Science, Massachusetts Institute of Technology February 2 Intelligence Wars: Security, Sovereignty, February 23 and Information in China, Ca. 1940 Citizen Complaints and Popular Klaus Mühlhahn, Professor of History, University Accountability Under Authoritarianism: of Indiana, Bloomington Evidence from Pre-1989 Eastern Europe and Post-1978 China February 9 Martin K. Dimitrov, Assistant Professor of Case Precedents in Qing China Government, Dartmouth Wang Zhiqiang, Professor of Law and Legal History, Fudan University Law School (continued on page 2) the Center for Chinese Legal Studies at Columbia law school Colloquium Presentations (continued from page 1) March 2 March 30 Speaking Law to Political-Economic Corporate Social Responsibility with Power: China’s Derivative Lawsuit Chinese Characteristics: Mechanism and the Limits of Private Law Advertising as a Means of Campaigning Nicholas C. Howson ’88, Assistant Professor on Chinese Television of Law, University of Michigan Law School Daniela Stockmann, Assistant Professor, Leiden University March 9 The Opacity of Texts: Reading Qing April 6 Judicial Narratives The Slippery Matter of Trademarks: Robert Hegel, Professor of Chinese and Copycat Soap Companies, the Question Comparative Literature, Washington University, of Authenticity, and Sino-British St. Louis Diplomacy in 1930s China Eugenia Y. Lean, Associate Professor of History, March 23 Columbia University Place and Petitioning in China: From the Qing Dynasty to the Reform Era April 13 Chen Xi, Assistant Professor, Political Science, The Exclusionary Rule in a State of Flux: University of North Carolina, Chapel Hill China, Taiwan, and the United States Margaret K. Lewis, Associate Professor of Law, Seton Hall University It’s not the Law. It’s the Enforcement. Current Barriers to Effective Environmental Law in China China has more than thirty “China is rapidly losing eco-diversity and is plagued with administrative regulations and severe water and air pollution,” he said. “The problem isn’t that more than eighty rules to protect there aren’t enough laws. It’s that the laws are not enforced. This the environment and natural is because of the barriers to enforcement.” resources. Yet despite significant The six types of barriers he cited include institutional, progress in creating legislation systematic, financial, legislative, capacity, and human resources. governing the environment, A main institutional barrier is the incentive system for China continues to struggle to promotion in the centralized Party-State. A bureaucrat’s superior limit pollution. evaluates promotion based on economic growth. The problem The problem continues to be is that the costs of pollution are not factored into the equation, lack of enforcement, according thus creating a disincentive to use sustainable growth practices. to Mr. Feng Jia, who spoke at the Law School on March 29. Mr. There is also insufficient public participation in enforcement, Feng is a Ph.D. candidate at the China University of Political such as through litigation. Science and Law and was a visiting scholar at the Center for “Public participation through public interest litigation is an Chinese Legal Studies for the 2009-2010 year. Mr. Feng is also extremely effective way to support environmental protection an attorney for the China-based Center for Legal Assistance and regulation,” said Mr. Feng, “This is also a great way to to Pollution Victims (CLAPV). guarantee social harmony.” 2 the Center for Chinese Legal Studies at Columbia law school The 36th Annual Friedmann Conference Honors Jerome Cohen Professor and Practitioner Feted for Work on Human Rights and Rule of Law in China Jerome A. Cohen received the 2010 Wolfgang Friedmann In his speech, Professor Cohen addressed the wide range of Memorial Award on March 25 at Columbia Law School. He is challenges to the development of the rule of law in China. He a professor of law and co-director of the U.S.-Asia Law Institute shed light on the increasing pressures facing Chinese “rights of New York University Law School. lawyers” and others taking on sensitive cases. The Columbia Journal of Transnational Law recognized The conference, organized by the Columbia Society of Professor Cohen for his remarkable record of leadership in International Law, comprised three panels. The first was titled, the development of law in Asia. In making the award, Mark “How has China implemented its new anti-monopoly law?” and R. Shulman ’99, assistant dean for graduate programs and the second was “What role does the internet play in encouraging international affairs and adjunct professor of law at Pace free speech in China? What role should the U.S. play in fostering University, noted that Professor Cohen has worked tirelessly for Chinese free speech?” Professor Cohen sat on the third panel, half of a century to improve understanding and to promote “What is and should be the role of the legal profession in China?” greater adherence to the rule of law throughout this critical The Wolfgang Friedmann Memorial Award has been given region, most notably in the People’s Republic of China. He said annually since 1975 and recognizes an individual who has that as an insightful scholar and a zealous advocate on behalf of made outstanding contributions to the field of international law. commercial clients and human rights activists alike, Professor Past recipients include Sandra Day O’Connor, Professor Louis Cohen embodies Professor Wolfgang Friedmann’s legacy of Henkin, Daniel Patrick Moynihan, Boutros Boutros-Ghali, courage, intellect, and engagement. James A. Baker III, and Hans Blix. Columbia Law School Professors Celebrate 10 Years of Law School Clinic Development in China Professor Liebman and a mediation colleague, Margaret Shaw, were among the first few American clinical professors invited to China to talk about and demonstrate clinical pedagogy. Liebman and Shaw were at Tsinghua Law School, one of seven schools funded by the Ford Foundation to establish the first law school clinics in China. The professors also introduced basic lawyering skills—interviewing, case planning, client counseling and negotiation—at South Central University of Economics and Law (Zhongnan) Law School. Such clinics in part also help develop in students understanding of social justice and professional responsibility. (left to right): Carol B. Liebman and Barbara A. Schatz, both clinical professors of The following summer, Professor Liebman and Professor law at Columbia Law School Schatz returned, this time to Wuhan to work with the In June 2010, Carol B. Liebman and Barbara A. Schatz, both clinical faculties at the law schools at Zhongnan and Wuhan clinical professors of law at Columbia, returned to China to University. Columbia professors have gone to China every attend a conference in celebration of the tenth year of clinical few years to continue developing clinical programs. Recently, legal education in China. This is a history which the two Professor Schatz worked with the first clinic in China that professors helped build. deals with non-profit organizations. “Each time I return to China to meet with clinicians,” Today approximately 100 Chinese law schools offer clinics Professor Liebman said, “I have been impressed by the speed in subjects as diverse as environmental law, employment law, at which the clinical approach has been embraced by Chinese criminal law, women’s rights, administrative law and street law. law schools.” According to Professor Liebman, “The number seems likely Clinical legal education began in the year 2000, when to grow.” 3 the Center for Chinese Legal Studies at Columbia law school Edwards Fellows Seven Outstanding Scholars This year the Center for Chinese Legal Studies was pleased to particular attention to the influences of foreign models and award Edwards Fellowships to seven outstanding scholars. The local experience.