Tuesday, December 9, 2014
5:10- 6:30 p.m.
C303, PKU ShenZhen
Aaron Simowitz is a Research Fellow at New York University’s Center for Transnational Litigation, Arbitration, and Commercial Law, a Fellow at the Classical Liberal Institute, and a Lecturer in Law at Columbia Law School, where he teaches Transnational Litigation and Arbitration. His scholarship considers the impact of new types of assets and transactions on international litigation and arbitration. His current work, Siting Intangibles, lays out a conflict of laws framework for judgment and arbitral award enforcement against intangible assets. Aaron received the 2014 Young Scholar’s Award from the American Society of International Law’s Private International Law Interest Group.
Before joining NYU and Columbia, Aaron worked at the New York office of Gibson, Dunn &Crutcher, where he focused on international litigation and arbitration. Aaron earned his J.D. from the University of Chicago Law School.
On January 14, 2014, the United States Supreme Court decided Daimler v. Bauman. In Daimler, the Court dramatically curtailed the ability of U.S. courts to assert jurisdiction over foreign entities. Specifically, it held by a vote of 8-to-1 that the U.S. doctrine of general jurisdiction, which identifies where an entity can be sued for any claim whatsoever, applies only where the entity is essentially “at home.” The Court made clear that “at home”—except in “exceptional” circumstances—equals a corporation’s place of incorporation or principal place of business. In doing so, the Court upended half a century of U.S. law subjecting corporations to general jurisdiction wherever they have “continuous and systematic” contacts. This had the effect of bringing the U.S. much closer to the rest of the world in how it treats defendants. But it has also raised numerous unanticipated concerns, among them whether U.S. courts can assert power over arbitral award debtors or non-parties holding a defendant’s or debtor’s assets. We will discuss both the intended and unintended consequences of theDaimler decision, some of which are even now playing out in high-profile litigation between the Bank of China and U.S. luxury goods companies.
Tuesday, November 25, 2014
5:10- 6:30 p.m.
C303, PKU ShenZhen
This lecture examines the application of U.S. antitrust law to “zero-price markets”, where firms set the price of their products at $0. Creative content, software, search functions, social media platforms, mobile applications, travel booking, navigation and mapping systems, and myriad other products are now widely distributed at zero prices. But despite the exponential increase in the number and volume of zero-price products being consumed, antitrust institutions and analysts have not developed adequate answers to the questions raised by the absence of market prices.
The lecture will trace the evolution of modern U.S. antitrust law from its political roots to its modern basis in neoclassical economics. While economic insights have improved antitrust law’s rigor, they have also caused an inappropriate-and in some ways exclusive-focus on prices. The lecture contends that this price-centered focus has caused antitrust enforcers, scholars, and courts to overlook the very existence of markets with no prices. The absence of positive prices does not foreclose antitrust scrutiny-“trade,” for purposes of the Sherman and Clayton Acts, encompasses transactions that involve customers exchanging things other than money for the products they demand. For purposes of antitrust law, zero-price markets are “markets”.
Friday, November 28, 2014
C303, PKU ShenZhen
Lawyer Cao Pingsheng from Grandall Law Firm will speak at Peking University School of Transnational Law on Capital Market and Securities Lawyer. Mr. Cao’s work includes advising dozens of companies in their restructuring, IPO, re-finance, M&A, issuing of convertible bond and equity division reform. Some of his notable clients include NOPOSION Corporation, Guangdong Ronsen Super Micro-wire Co., Ltd., Tibet Galaxy Science & Technology Development Co., Ltd., Guangxi Guidong Electric Power Co., Ltd., China Merchants Property Development Co., Ltd., Shenzhen Worldsun enterprise Co., Ltd., Shenzhen Zhongheng Huafa Co., Ltd., China Overseas Land & Investment Ltd.(Hongkong listed company), Shenzhen Investment Ltd. (Hongkong listed company) and CITIC Resources Holdings Ltd. (Hongkong listed company).
He obtained his M.A. degree from Central South University and his B.A. degree from Central South University.
In the perspective of legal globalization, Peking University Law and World Global Forum will organize famous legal scholars all over the world to explore significant issues faced by legal theories and practices during China’s process of driving the national policy of ruling by law.
The Forum will organize academic discussions on different topics such as the following:
Globalization and Development of Legal Education
Globalization and Rules of M&A, Globalization
Financial Supervision System
Globalization and Innovation of the Dispute Settlement Mechanism etc.
The recent forum sponsored by Peking University School of Transnational Law, together with Northwest University of Politics & Law will focus on the topic of Globalization and Development of Legal Education, for the purpose of promoting the revolution and development of China’s legal education by having legal scholars from all over the world explore the legal education systems of different countries.
Wednesday, November 19, 2014
07:00 – 08:30 p.m.
C303, PKU ShenZhen
For many decades, Arthur Andersen was one of the world’s five largest accounting firms and one of the world’s premier professional organizations with a reputation for integrity and trustworthiness. But in 2002 it was convicted of obstructing justice and ceased to provide auditing services to public companies. How can we explain this? What was the cause (or causes) of Andersen’s fall? How do we find the cause (or causes)? What have the lawyers said about its fall and why? What can we learn from Andersen’s fall?
Mr. Preston M. Torbert is currently Senior Counsel at Baker & McKenzie’s Chicago office where he practiced for three decades, drafting documents and advising clients on trade, investment, and compliance matters in China. He is a founder of the firm’s China Practice Group, and a co-founder of the firm’s Taipei and Beijing offices. He holds degrees from Princeton (A.B.), Chicago (Ph.D. in Chinese history), and Harvard (J.D.).
Mr. Torbert is the author of The Ch’ing Imperial Household Department, of four books in Chinese on drafting English-Chinese bilingual contracts, and of numerous articles, including recently, “Contract Drafting: A Socratic Manifesto” in The Scribes Journal of Legal Writing (2011-12) and “A Study of the Risks of Contract Ambiguity” in The Peking University Journal of Transnational Law (2014).
Tuesday, November 4, 2014
12:15 – 13:30 p.m.
C303, PKU ShenZhen
The Fifth Amendment protects a defendant’s right against self-incrimination, as embodied in the ubiquitous “Miranda” rights recited in every US cop show. People v. Dunbar, argued in New York’s Court of Appeals in mid-September, asks whether a program run by the Queens District Attorney of videotaped interviews with defendants conducted shortly before they were arraigned, at which point the right to counsel would attach, violated their rights under the Fifth Amendment. On the one hand, the case seems like a straightforward application of the Miranda case law developed since that decision first came down in 1966. But as the case progresses with numerous filings, including amicus briefs from the NYCLU and professors at NYU School of Law, it has become clear that the case raises questions about the fundamental structure of criminal justice and the authority and rationale for employing an adversarial, as opposed to inquisitorial, system.
The lecture will be given by Nicholas Frayn, visiting assistant professor of law at Peking University School of Transnational Law, who earned a J.D from the Benjamin N. Cardozo School of Law.
As an attorney with the Legal Aid Society, Nicholas Frayn litigated dozens of cases in which defendants had given video-taped statements under the program. He will introduce the topic and outline the various arguments that have been raised in the filings so far, before asking whether or not they can describe the adversarial process as a defendant’s “right” in the US criminal justice system.
Tuesday, November 4, 2014
09:00 – 10:30 a.m.
C303, PKU ShenZhen
For over a century, American law schools emphasized broad legal concepts over concrete lawyer skills. Despite repeated attempts to emphasize practical experience in the curriculum, law faculties have been resistant to change. This is an era of disruption in legal education, however, and experiential legal education is gaining new respect and recognition as a crucial element of legal training.
Professor Daniel Filler has been the Senior Associate Dean for Academic and Faculty Affairs at Drexel University Thomas R. Kline School of Law since 2007, and was one of the school’s founding faculty members. Before joining the new faculty at Drexel, he was a professor at the University of Alabama School of Law.
Professor Filler’s courses include: Criminal Law, Criminal Procedure, Juvenile Justice Law, Disability Law, Punishment and Society, and Legal Ethics. He has published articles in leading American law journals including the University of California-Berkeley Law Review, the University of Virginia Law Review, and the University of Iowa Law Review. He has been quoted in the New York Times, the Washington Post, the Wall Street Journal, the USA Today, Le Monde, and many other news outlets.
Professor Filler is the co-founder of one of the most widely read law professor blogs in the United States, The Faculty Lounge, which has twice won awards from the American Bar Association (“ABA”) as one of the Top 100 law blogs in the United States. He also blogs with University of Chicago Professor Brian Leiter at another widely-read blog, Leiter Law School Reports.
Before entering teaching, Professor Filler worked on large business transactions and litigation in the New York office of the international law firm, Debevoise and Plimpton. He then practiced as a criminal defense lawyer in both Philadelphia and New York. While teaching at the University of Alabama, he created law clinics representing children with disabilities and people facing the death penalty. He chaired the ABA commission studying the Alabama death penalty and is currently involved in a study of the Pennsylvania death penalty.
Professor Filler earned his J.D. from New York University School of Law and his B.A. from Brown University. He held United States Court of Appeals clerkship (with Judge J. Dickson Phillips Jr. of the U.S. Court of Appeals for the Fourth Circuit) immediately after law school.
Thursday, October 29, 2014
12:15pm – 13:45pm
C303, PKU Shenzhen
Qingyu Yin has significant experience in patent litigation, patent preparation and prosecution, and client counseling in the fields of semiconductor technologies, materials science, electronic circuits, telecommunications, optical communications, and information technology.
Mr. Yin focuses primarily on Section 337 investigations at the U.S. International Trade Commission (ITC). He has experience in all aspects of litigation, ranging from pre-litigation due diligence, preparation of complaint, fact and expert discovery, depositions, expert reports, motions and briefs, to trial presentations, including witness examinations and cross-examinations, and case management. He has also served as lead counsel.
In his prosecution practice, Mr. Yin routinely interviews inventors to develop invention disclosures and draft new patent applications in a broad range of complex technologies. He has successfully prosecuted hundreds of patent applications and frequently conducted interviews with patent examiners.
With experience in both litigation and prosecution, Mr. Yin is able to provide effective client counseling on patent matters. He frequently provides opinions, assessments, and evaluations on issues related to patents. Mr. Yin travels extensively to China to assist companies with intellectual property needs and to present lectures on intellectual property topics.
Monday, October 13, 2014
4:30pm – 6:00pm
C303, PKU Shenzhen
The Career Services Office is arranging a series of programs to give students an opportunity to learn more about the broad array of career options in law. To initiate the series,one of the United State’s leading litigators with a specialty in antitrust litigation, Melissa Maxman, will lecture on American antitrust law. In this lecture, she will share with you observations and advice about this important practice area. As you are aware from current headlines, this is an area of intense attention and growing importance in China.
Melissa H. Maxman is a member in the firm’s Commercial Litigation Group and the co-chair of the Antitrust Practice Group, working in the Washington, D.C., office. In addition to her antitrust practice, she has extensive experience in RICO and environmental law and commercial and criminal litigation. She joined the firm in December, 2009.
Melissa has advised domestic corporations on international antitrust issues, including the coordination of compliance with U.S., and foreign antitrust laws by U.S. corporations and their foreign subsidiaries. She has also advised foreign corporations on the application of and compliance with U.S. antitrust laws. She has represented clients in civil and criminal matters before the Antitrust Division of the Department of Justice, in actions before the Federal Trade Commission, and in private civil matters. Melissa has prosecuted and defended complex litigation, including class actions, involving antitrust, RICO, environmental, and intellectual property laws.
Melissa’s credentials include decades of litigation experience at both the trial and appellate levels. She served as an Assistant United States Attorney in the Eastern District of Pennsylvania from 1991 to 1993. In addition, she served as a law clerk for the Honorable Harry T. Edwards on the United States Court of Appeals for the District of Columbia from 1988 to 1989.
Melissa serves as an advisory board member of the Civil RICO Report, and the Institute of Consumer Antitrust Studies. Elected in 2003, she is a member of the American Law Institute, a group of leading lawyers, judges, and law professors who comment upon and help develop changes to statutes, Restatements of the Law, and principles of law utilized by our courts. She has served as a board member of the Sewall-Belmont House and Museum/National Woman’s Party as well as a former Trustee of the Philadelphia Prison System. She currently serves as a National Council Member on the Dean’s Advisory Board to The George Washington University Columbian College of Arts and Sciences.
Melissa has a B.A. in music from The George Washington University. Melissa earned her law degree, cum laude, from the University of Michigan Law School, where she was editor-in-chief of the Michigan Law Review, Vol. 86, and a member of the Order of the Coif.
Peking University School of Transnational Law (“STL”), on PKU’s Shenzhen Graduate Campus, is the only law school in the world that combines an American-style Juris Doctor degree (J.D.) with a China law Juris Master degree (J.M.), thereby preparing students for the mixture of common law, civil law, and Chinese legal traditions increasingly characteristic of the global economy. The law school’s resident faculty includes scholars from the U.S., China and the EU whose previous and concurrent appointments include such esteemed law faculties as those of Harvard, Yale, Stanford, the University of Chicago, University College London, University Aix-Marseille, and Hong Kong University, among others.
The fundamental mission of STL is to (i) educate top Chinese university graduates about different legal traditions and systems and thereby promote their ability to contend with the new policies and practices likely to emerge from the East-West integration under way in Southeastern China; (ii) contribute to the creation of a Chinese legal profession equipped to serve China’s increasingly sophisticated domestic economy and to compete successfully on an international scale with dominant American and British law firms; and (iii) provide domestically an affordable, graduate-level legal education top Chinese students traditionally have only been able to obtain abroad at great expense. As one of STL’s students recently exclaimed, “Studying at STL is like studying abroad in China!”
The PRC State Council authorized Peking University’s creation of China’s first common law Juris Doctor curriculum in 2007. The following year, STL admitted the first students into its combined J.D./J.M. curriculum. The University appointed Jeffrey Lehman, a former president of Cornell University and dean of the University of Michigan Law School, as STL’s Founding Dean. Lehman left STL in 2013 when he was appointed Founding Vice Chancellor of New York University’s new Shanghai campus. His successor is Philip McConnaughay, the Founding Dean of Penn State University’s Schools of Law and International Affairs, a former professor of law at the University of Illinois, and a former partner of the leading international law firm, Morrison & Foerster.
STL’s students are among the best and brightest in China. In order to be eligible for admission to STL, PRC students must either earn exemption from China’s national graduate school entrance exam by virtue of being one of the top-few graduates of one of China’s top-tier universities, or meet or exceed STL’s cut score on the national graduate school entrance exam, which is a slightly lower cut score than PKU University-Beijing because STL also requires in-person English-language interviews of applicants and administers a special STL-LSAT exam, which STL has found to be highly predictive of law school success. However, in order to take advantage of STL’s slightly lower cut score, you must designate STL as your first choice law school.
In addition, STL welcomes applications from foreign students and students from Hong Kong, Taiwan, and Macau.
Although STL is still young, with only four graduating classes to date, it already has captured the attention of the world’s leading law firms, companies, government offices, and universities. Post-graduate placement of STL graduates is nearly 100 percent. STL alumni work with leading law firms such as Fangda Partners, King & Wood Mallesons, Junhe, Kirkland & Ellis, Shearman & Sterling, Paul Weiss, Simpson Thatcher, Cleary Gottlieb Steen & Hamilton, DLA Piper, Morrison & Foerster ; leading companies such as Ping An, Huawei Technologies, Tencent, Baidu, Walmart China, General Electric; and leading government offices and nonprofit organizations such as the Qianhai Equity Exchange, the Supreme People’s Court, the South China International Economic and Trade Arbitration Commission, the United Nations Refugee Agency, and CIETAC. STL graduates pursuing academic careers have been accepted into advanced degree programs at such elite universities as Harvard, Yale, Science Po, College of Europe, and others. Click here for a full placement report that includes salary, job type, and employer location information.
These employers and universities recognize that the true value of STL’s J.D. and J.M. degrees includes far more than simply educating students about the content of different areas of Chinese and American law. Their true value lies in imparting the skills that make for great lawyers, jurists and leaders of any nationality: rigorous analytical thinking, the ability to see all sides of an issue, the ability to solve complex problems creatively, and the ability to persuade. STL students acquire these skills because of STL’s unique method of instruction through serious, reflective study of actual cases accompanied by intensely interactive class sessions in which professors question and challenge students. The benefit of this method quickly becomes apparent to STL students:
“The study of … law is something new and unfamiliar to me, unlike any schooling I’ve ever been through before. The professors use the Socratic method here; they call on you, ask you a question, and you answer it. At first, I thought it was inefficient – why didn’t they just give a lecture? But I soon learned that it was not a matter of efficiency, but a way to educate yourself. Through professors’ questions you learn to teach yourself. And through this method of question and answer, (question and answer), they seek to develop in you the ability to analyze. … The professors train the mind.”
“The most attractive part of STL for me is [the] teaching method, which is concentrated on motivated thinking instead of force-feeding information. … Professors will not say yes or no to any answer; they ask students to think in wider and deeper ways.”
“[T]he Socratic Method … left me with the deepest impression. I got a better understanding of the differences between STL and traditional Chinese law schools – initiative [and] critical thinking are greatly emphasized at STL. Although it is true that the four years of learning at STL are challenging and demanding, [I have learned] that studying law can be interesting and thrilling.”
STL’s four-year, dual degree J.D./J.M. curriculum offers a first-year curriculum of core American J.D. courses, supplemented by a Transnational Law survey course that introduces students to each of the world’s principal regulatory and dispute resolution jurisdictions. Students also enroll in a writing course specially designed with the help of linguistics scholars to aid non-native English speakers in the study of American law.
The second-year curriculum is weighted in favor of Chinese law Juris Master courses. J.D. and comparative courses are included as well to help maintain students’ English proficiency.
STL’s third and fourth year curriculums increasingly blend Chinese and American law topics with perspectives from the European Union and elsewhere to create a truly transnational program of legal education.
Increasingly, STL’s curriculum also offers supervised real-world practice experience. Students in STL’s new Small Business Entrepreneurship Clinic, for example, will advise emerging Shenzhen businesses on the wide range of business, intellectual property, and other regulatory and personal issues that typically accompany the start-up of new businesses. Students in STL’s Public Interest Advocacy Clinic work remotely via audiovisual connection with experienced public interest lawyers in the United States on major American social change initiatives and litigation.
STL’s unique program of legal education and method of instruction are quickly becoming models for law schools throughout China and throughout the world. STL is becoming known as “China’s Most Innovative Law School in China’s Most Innovative City.”
The achievements of STL students are already gaining attention worldwide. In 2013, STL’s Jessup International Law Moot Court Team was the Chinese National Champion. STL’s 2014 and 2015 Vis International Arbitration Moot Teams were Chinese National Champions as well, winning all expense paid trips to the Vis International competition in Vienna, Austria. STL students established and now edit the Peking University Transnational Law Review, an English language journal with worldwide readership. In 2014, STL students established China’s first Public Interest Law Foundation, commonly known as “PILF.”
Upon graduation, STL students are prepared for the practice of Chinese, American, UK, and EU law, as well as for the new traditions and practices certain to emerge from the continued globalization of legal practices. STL graduates are bound for leadership, and their impact on China and the world is certain to be significant.
If you are ready to experience STL’s challenging and rewarding J.D./J.M. program in China’s most innovative city, we look forward to your application.
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