Clarke Colloquium Series: Spring 2009
2/12: Eva Pils
Eva Pils, Assistant Professor, Chinese University of Hong Kong Law School
The Peasants' Struggle for Land in China
Dr. Eva Pils studied law, philosophy and sinology at Heidelberg University, Germany, and graduated from there with a law degree in 1996. After obtaining her professional qualification as a German lawyer she practiced law for a while at Baker & McKenzie, Frankfurt, and then went to London to do research. After taking an LL.M. degree from the School of Oriental and African Studies, London, in 2000, she wrote her PhD dissertation on rights protection and justice in contemporary China at University College London, gaining her PhD degree from the University of London in January 2005. In 2003, Eva was one of eight European participants in the EU-China Judicial and Legal Co-operation Programme in Beijing. She was a Global Research Fellow at NYU School of Law in 2004/2005. She will be a visiting research scholar/visiting assistant professor at Cornell Law School in 2006. Her main research interests are Chinese law, law and social conflict, legal philosophy and comparative law.
In her presentation, "The Peasants' Struggle for Land in China," Professor Pils described how Chinese peasants have resisted government expropriation of their land. Professor Pils began with a brief overview of the land rights and land tenure system in China and the legal status of peasants today. She then showed how some peasants have attempted to circumvent restraining legal rules by acquiring property directly through their communities, while others have resorted to open declarations of defiance against the current land law regime.
In her paper, Professor Pils says that she wants to "to draw a rough sketch of the major grievances affecting Chinese peasants in their struggle for land and land rights to date. A tentative analysis of the various difficulties and grievances, but also of some contradictions of principle in the land tenure system, suggests that the current system needs to be changed. The fact that . . . there appear to be voices calling for—or indeed declaring—'full' private ownership rights in land does not, of course, prove that such a reform would be correct. It is, however, difficult to think of an alternative reform leading to greater equity and less suffering, which would not require even further-reaching and more difficult reforms of the political and legal system, in particular, of the currently too-weak judiciary and too-strictly-controlled media, in order to reduce corruption in the current hybrid, nominally 'socialist' yet also fiercely market-driven economy."
For more information on Professor Pils, please see her webpage at the Chinese University of Hong Kong website.
2/26: Takashi Maruta
Professor of Law, Kwansei Gakuin University Law School, Japan, and Visiting Scholar, Center for Japanese Legal Studies, Columbia University
Lay Participation in Legal Decision Making Comes to Japan
Professor Maruta has been a major influence in the development of Japanese legal reforms, including the introduction of Saiban-in Seido, the Japanese reform in which six lay citizens and three professional judges will decide serious criminal cases jointly, beginning in May of 2009. Professor Maruta discussed the law reform process that led to this particular form of citizen participation in legal decision making, and the special challenges that he and others confronted and continue to face in developing a strong and vibrant system of lay participation in Japan.
Optional reading: Valerie P. Hans, Jury Systems Around the World, 4 Ann. Rev. L. Soc. Sci. 275 (2008).
4/1: Mingli Kuo
Mingli Kuo, Visiting Researcher from the Taiwan Ministry of Justice Program
Lay Participation in the Taiwan Judicial System
Mingli Kuo is a prosecutor at the Taipei District Prosecutors Office. He completed his education at the Judges and Prosecutors Training Institute and began his career as a public prosecutor in 2002. In major cases, it is his duty to instruct and supervise agents to investigate crimes legally and correctly. His research interest focuses on the seizure, forfeiture and recovery of illegal proceeds. Before coming to Cornell, he participated in the “Capacity-Building Workshop on Combating Corruption Related to Money Laundering” held by APEC in Bangkok in 2007.
4/1: Chih-Ming Hsieh
Visiting Researcher from the Taiwan Ministry of Justice Program
Transformation of the Prosecutor's Role in Taiwan
Chih-Ming Hsieh is a member of the Organized Crime and Economic Crime Task Force, a Foreign Affairs Spokesman, and a member of the Criminal Code Research Crew in the Taichung District Prosecutor's Office. During his seven-year career, he has dealt with more than 6000 cases, including intellectual property crime cases, homicide cases, drug smuggling cases, environmental crime cases, organized crime cases, white-collar crime cases, corruption cases, and other high profile or felony cases. Recently, he has focused mainly on economic crime cases, especially stock market manipulations and fraud.
4/16: Zhu Wang
2008-09 Visiting Researcher, Cornell Law SchoolEuropean Canvas, American Colors, Chinese Spirit: The Making of the Grand Scroll of Tort Law of China
Zhu Wang is a 2008-09 Visiting Researcher at Cornell Law School; a Ph.D. Candidate of Civil and Commercial Law from Law School of Renmin University of China; and a researcher of the Research Center of Civil and Commercial Jurisprudence of Renmin University of China. He has joined a number of research programs sponsored by both the state and ministries of China, co-authored 4 books, published more than 20 papers in journals in China. He was a visiting scholar to Law School of Soochow University in Taipei in 2007. Before coming to Cornell, he was in charge of the editorial department of www.civillaw.com.cn (the largest academic website for law study in China) and the E-Journal of Civil and Commercial Law.
4/23: Chenguang Wang
Wang Visiting Professor of Law (Spring 2009)
Law-Making Functions of the Chinese Courts: Judicial Activism in a County of Rapid Social Changes
Associated Paper
Professor Wang is Professor of Law and former Dean, Tsinghua University Law School. He received his B.A., LL.M., and Ph.D. from Peking University, and an LL.M. from Havard University. His research interests include Jurisprudence and Comparative Law. Professor Wang has also been an Arbitrator for CIETAC; Vice President, Legal Theory Association, China Law Society; Adjunct Professor, National Judges College; and Adjunct Professor, Law School, City University of Hong Kong.
Clarke Colloquium Series: Fall 2008
9/11: Sato Manabu
Professor of Political Science in the Law School of Okinawa
Okinawa and the Changing Face of US-Japan Security Relations
Co-sponsored with the Department of Government.
Event Information
9/12–14: "Digital Archive and the Future of Transpacific Studies”: The Second International Symposium
Host/Moderator: Naoki Sakai
Panel Chairs: Shunya Yoshimi (University of Tokyo), Ulrich Johannes Schneider (Director, University Library of Leipzig), Timothy Murray (Society for the Humanities, Cornell University), Shelley Wong (Cornell University), Katsuya Hirano (Cornell University), Brett de Bary (Cornell University), Narita Ryûichi (Japan Women’s University), Minoru Iwasaki (Tokyo University of Foreign Studies), Steffi Richter (University of Leipzig), J. Victor Koschmann (Cornell University)
This conference will address the general problem of media, newly developing technology for research, and the modalities of accumulation of knowledge in the Humanities. We will discuss how we can re-situate existing disciplines, how new media technology has transformed our conventions of teaching, and how the functions of library can be re-defined in accordance with the changing conditions of digital technology. We will also consider some significant attempts for new research methods, pedagogical experimentations, and international networking in the Humanities. Of utmost significance in this respect is an assessment of how the developments of digital technology can serve to politicize or de-politicize academic activities at universities. We will strive to invent intellectual strategies to render the consequences of media transformation productive in the politicization of academia in East Asia, Europe and North America.
Co-Sponsored by the Society for the Humanities, the Department of History, the Department of Asian Studies and the East Asia Program; in collaboration with the International Project of Re-writing Modern and Contemporary Japanese Intellectual History
Symposium Website
11/6: William J. Hurst
University of Texas at Austin, Department of Government
The Chinese Worker After Socialism
Clarke Colloquium Series: Spring 2008
1/28: Jeffrey S. Lehman
Professor of Law at Cornell Law School and Founding Dean of Peking University School of Transnational Law
To Launch a J.D. Program in China: Six Narratives in Search of an Author
*This event was co-sponsored with the Faculty Workshop series.
1/29: Joel C. Haims and Karen Hagberg
Partners at Morrison & Forster
Legal and Cultural Considerations for American Litigators Practicing in China
2/12: Yuri Obata
Clarke Postdoctoral Fellow and Assistant Professor of Communications at Indiana University South Bend
Japanese Supreme Court Obscenity Decisions: A Historical and Cultural Analysis
*This event was co-sponsored with the Cornell East Asia Program.
3/13: Virada Somswasdi
President of the Foundation for Women, Law and Rural Development (FORWARD) and Associate Professor at Chiang Mai University
Militarization and Counter Terrorism Measures in Thailand: The Effect on Women Human Rights Defenders
*This event was co-sponsored with the Berger International Legal Studies Program, and hosted by Anthropology 102, The Comparison of Cultures.
3/27: Robert Wai
Associate Dean and Professor of Law at Osgoode Hall
Normal Trade Relations? Investment Restrictions, Security Exceptions and the Limited Rule of International Trade Law
4/15: Annelise Riles
Director of the Clarke Program in East Asian Law and Culture, and Jack G. Clarke Professor of Far East Legal Studies and Professor of Anthropology
Collaboration in the Field of Law: New Directions in the Clarke Program in East Asian Law and Culture
4/17: Zhang Sheng
Clarke Visiting Researcher and Vice-Dean and Professor, China University of Political Science and Law
The Drafting of Min-guo Civil Code: A Knowledge Sociology Analysis
Clarke Colloquium Series: Fall 2007
11/19: Salil K. Mehra
Temple University Beasley School of Law
The Ipod Tax: Why the Digital Copyright System of American Law Professors' Dreams Failed in Japan
11/26: Huaqing Ke
China University of Politics and Law
The Law and Economics of the Right to Strike in China
Clarke Colloquium Series: Spring 2007
1/31: Randall Peerenboom
UCLA Law School
Law and Development of Constitutional Democracy: Is China a Problem Case?
2/6: Grace Kuo
National Chung-Cheng University Department of Law
When Local Family Law Meets Global Trend: An Ethnographic Study of the Foreign Spouses and the Intimate Citizenship Regulations in Taiwan
2/27: John Haley
Washington University School of Law
Why Study Japanese Law?
3/2: Sally Engle Merry
New York University School of Law and Department of Anthropology
Making Women's Human Rights in the Vernacular: Legal Pluralism and Traveling Rights in India, China, and the USA
*This event was co-sponsored with the Anthropology Colloquium Series.
3/13: Lan Cao
William and Mary School of Law
Culture Change
4/3: John Ohnesorge
University of Wisconsin Law School
Law and Development Theory and the Northeast Asian Experience
4/5: Hugh T. Scogin, Jr.
Orrick, Herrington & Sutcliffe LLP
China's Labor Contract Law and the Pressures of Globalization
*This event was co-sponsored with the Berger Program and the ILR Collective Bargaining 980 Workshop Series.
4/10: Ilhyung Lee
University of Missouri School of Law
Korean Perception(s) of Equality and Equal Protection
4/12: Jane Anderson
New York University and Australian National University
The Practices of Intellectual Property: Traditional Knowledge Protection in Indonesia and Australia
4/17: Clarke Lecture: Cui Zhiyuan
Cornell Law School and Qinghua University School of Management and Cornell Law School
Towards a Law and Economics of Public Property: China and Beyond
*With commentary from Professor Stuart Schwab and Professor Gregory Alexander.
4/24: Yanchun Cao
Cornell Law School and Yanshan University
The Past, Present and Future of Anti-Discrimination in Employment in China
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Clarke Colloquium Series: Fall 2006
9/11: Michael W. Dowdle
Resident Fellow and Assistant Director of the Clarke Program in East Asian Law and Culture
Cornell Law School
Towards a Theory of Constitutional Poietics: The Courts and Constitutional Development Lessons from Early-Industrial England and Present-Day China
9/21: Judge Song Jianli
Supreme People's Court of the People's Republic of China
The Chinese Judiciary: Current Reforms and Challenges
10/5: Timothy Choy
Ohio State University
Earthly Vocations: Ethics of Environmental Fidelity and Comparison in Hong Kong
10/19: Jerome A Cohen
Professor of Chinese Law, New York University School of Law
10/24: Zhu Suli
Professor of Law and Dean of the Peking University Law School
A Conversation on Law in China
11/3: Donald Clarke
George Washington University School of Law
The Role of Non-Legal Institutions in Chinese Corporate Governance
11/9: Mark Selden
East Asia Program, Cornell University
After the Bomb: An Asia-Pacific Perspective on war and peace in the Korean Peninsula
11/16: Chen Jian
Department of History, Cornell University
China's Dilemmas as an "Insider" of the International System
Clarke Colloquium Series: Spring 2006
2/28: Eva Pils
Cornell Law School
Speaking the truth to Hu and Wen: public dissension and rights advocacy in China
3/9: Takehiro Ohya
Nagoya University Graduate School of Law
Recent Reform in Japanese Legal Education: Law School System and its Troubles
3/13: Robert Weiner
Cornell University, Department of Government
Declining Electoral Competitiveness in Japan? Theoretical Pessimism and Realignment-Era Evidence
3/16: Yasufumi Nakamori
Cornell University
Okinawa Soul: Photographs by Ishikawa Mao Photography as Voice
3/29: Keith Hand
Yale University School of Law
The Sun Zhigang Incident: Implications for Constitutionalism and Citizen Action in China
4/4: Natalie Lichtenstein
Assistant General Counsel, Legal Vice Presidency, The World Bank
China’s Legal Reforms: Implications for Corporate Governance
4/6: Teemu Ruskola
American University, Washington College of Law
Law in the Age of the World Picture: On the Political Ontology of Modernity
4/25: Jonas Grimheden
Cornell Law School
Implementation of Chinese Judicial Reform
Clarke Colloquium Series: Spring 2005
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| Prof. John Bowen |
1/31: John Bowen
Washington University at St Louis
Why the French Don’t Like Headscarves
2/6: Sergio Munoz-Sarmiento
Presentation of new work on photography and transparency
2/7: AnnJanette Rosga
University of Colorado Boulder
Transparency and Accountability: Trafficking in the Rule of Law
2/14: Matthew Daley
President, US-ASEAN Business Council
The Challenge of Terrorism in Southeast Asia
2/28: Tammy Davis
Cornell Law School
Paradise Lost? A retrospective of 25 years of constitutional law in the Federated States of Micronesia
3/14: Robert DeLaMater
Sullivan and Cromwell LLP
Recent Trends in SEC Regulation of Foreign Private Issuers and Cross-Border Public M&A Transactions – How the U.S. Regulatory Regime is Affecting the United States’ Historic Position as the World’s Principal Capital Market
Video
3/17: Hisakazu Hirose
Tokyo University School of Law
Why Might a Cooperative be Stronger?: A Case Study from the Hand-pulled Noodle Industry in Japan
Video
3/31: Jerome Cohen
New York University
Is There Criminal Justice in China?
4/1: Bill Maurer
University of California Irvine
Due Diligence and the 'Reasonable Man'
4/4: Naoki Kasuga
University of Osaka
Law Creators or Law Discoverers? Japanese Crime Novels Today
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Clarke Colloquium Series: Fall 2004
8/26: Ueno Chizuko
University of Tokyo, Department of Sociology
Undermining the Gender Equal Policies in Japan
9/23: Veronica Taylor
University of Washington
From Manners to Rules: New Regulatory Directions in Japan
10/7: Vic Koschmann
Cornell University, History Department
Volunteering in Japan: Civil Society or Subjective Technocracy
10/28: Koichi Hamada
Yale University, Department of Economics
Promoting Law and Economics in Japan
11/4: Takashi Uchida
University of Tokyo
The Reform of the Legal Education System in Japan
11/11: Nicholas Howson
Cornell Law School
Misleading and Fraudulent Disclosure in the Chinese Capital Markets
11/11: Karen Hagberg
Morrison and Forester
LLP Lost in Litigation: A Practical Guide to the Differences between the U.S. and Japanese Litigation Systems
Clarke Colloquium Series: Spring 2004
.pdf summary
1/27: Jan Zeserson
East Asia Program, Cornell University
Mapping Bodies, Managing Symptoms: Anthropological Studies of Medicine in Japan
2/2: Mark Selden
East Asia Program, Cornell University
The United States and Japan in Twentieth Century Asian Wars: An International Law and Human Rights Perspective
2/9: Mike Shin
Asian Studies, Cornell University
The Cultural Policies of the ‘Culture Policy’ (Bunka Seiji) in Colonial Korea, 1919-25
2/16: Sherry Martin
Government, Cornell University
The Implications of Tax Reform for Constructions of Japanese Women’s Citizenship
3/1: Brett de Bary
Asian Studies, Cornell University
Magnificent Obsession: Japanese Popular Culture and American Japan Studies in the 1990s
3/7: Doug Holmes, SUNY Binghamton;
George Marcus, Rice University;
David Westbrook, University at Buffalo Law School
Intellectual Vocations in the City of Gold: Internarrativity, Para-ethnography, Intimate Artifice
Video
.pdf summarty
3/8: Wendi Adair
Johnson Graduate School of Management, Cornell University
Third Culture in U.S.-Japanese Negotiation
3/15: Kevin Clermont
Cornell Law School
Standards of Proof in Japan and the United States
3/15: Martin Puchner, English Department Cornell University;
Bernadette Meyler, Cornell Law School
An interdisciplinary discussion of Giorgio Agamben's recently translated book, The State of Exception
*This event was co-sponsored with The Society for the Humanities.
3/31: Kunal Parker
Cornell Law School
Life and Death in American Legal Thought, 1850-1900: The Jurisprudence of Custom
4/7: Marilyn Strathern
Anthropology, University of Cambridge
Self-ownership and other-ownership: an anthropological comment from the Pacific
Photo in Cornell Law Forum, Summer 2005 (pdf)
4/12:Tamara Loos
History, Cornell University
Subject Siam and Siam’s Subjects: Thailand’s Buddhist Modernity in Muslim Pattani
4/26: Peter Katzenstein
Government, Cornell University
The American Imperium and a World of Porous Regions
Colloquium Series Lectures Presented in Spring 2003
January 29, 2003
Jae Won Kim
Cornell Law School
“The Legal Profession and Legal Culture during Korea's Transition to Democracy and a Market Economy”
February 5, 2003
Alisa Freedman
Asian Studies, Cornell University
“Training Schoolgirls: Mass Transportation and the Public Appearance of Affluent Women in Early Twentieth Century Tokyo”
February 12, 2003
Grace Kuo
Cornell Law School
“Gender Neutrality or Gender Blindness? -Examining the Process of Becoming Female Legal Professionals in Taiwan”
February 19, 2003
Anna Brettell
Government, Cornell University
“The Rationalization of Legal Processes in China: The Integration & Politicalization of Science in Environmental Disputes”
February 26, 2003
Allen Carlson
Government, Cornell University
“A Reluctant Peacekeeper: China's Policies and Discourses on Multilateral Intervention during the 1990s”
March 5, 2003
Jim Hagen
Applied Economics & Management, Cornell University
“Coerced to Cooperate? Development of a Cooperative Distribution Strategy in Japan”
Story in Cornell Law Forum Summer 2003 (pdf)
March 12, 2003
Hiro Miyazaki
Department of Anthropology, Cornell University
“Economy of Dreams: Rationality and Utopia in the Tokyo Financial Markets”
March 14, 2003
Lecture: Judith Farquhar
Anthropology, UNC Chapel Hill
“Health, Resistance, Sovereignty: The Cultivation of Life in Contemporary Beijing”
March 28, 2003
Iris Jean-Klein
Social Anthropology, University of Edinburgh
“Future Active: Palestine, Solidarity Activism and Anthropology”
Co-sponsored by the Clarke Middle East Fund, Cornell Law School
April 4, 2003
Douglas Holmes
Anthropology, Binghamton University
“Intimate Artifice: Three Cases of Para-Ethnography”
Co-sponsored by the East Asia Program, Cornell University
April 9, 2003
Sabine Haenni
Theatre, Film & Dance, Cornell University
“Legislating Hollywood's Chinatown”
April 18, 2003
Carol Greenhouse
Anthropology, Princeton University
“States of discourse: Questions and challenges for the ethnography of law”
April 22, 2003
Lecture: Laura Nader
Anthropology, University of California at Berkeley
“The Americanization of International Law”
Story in Cornell Law Forum Summer 2003 (pdf)
April 25, 2003
Tom Boellstorff
Anthropology, University of California, Irvine
“Dubbing Culture: Indonesian Gay and Lesbian Subjectivities & Ethnography in an Already Globalized World”
May 2, 2003
Lecture: Lawrence Cohen
Anthropology, University of California at Berkeley
“The Operation and Its Reason: Reflections on the Surgical Constitution of As-if-Moderns in India”
Co-sponsored by the Cornell University Lecture Series
October 27, 2003
Lecture: Dean Kyong Whan Ahn
Seoul National University College of Law
”NGO Activities in the Transformation of Korea”
October 30, 2003
Inaugural Clarke Lecture: William Alford
Harvard Law School
“Have you eaten? Have you divorced? Debating the meaning of freedom in marriage in China
