Public Lecture: How to Negotiate Business Contracts with Americans

Lecture details

Saturday, December 27, 2014
3:00-4:30 p.m.
C303, PKU ShenZhen

The speaker Mr. Michael Lu is Senior Director at AAC Technologies and Partner at Lee, Tsai & Partners. Before joining AAC, Mr. Lu was General Counsel at Delta Electronics, Deputy Director at TSMC, General Counsel at CyberLink as well as Partner at Baker & McKenzie Taipei. Mr. Lu is also an Associate Professor at National Chiao Tung University (Taiwan). Mr. Lu studied at Soochow University (Taiwan) and Chengchi University (Taiwan). He holds a LLM degree from Cornell University and a JD degree from American University.


“Jurists in Nanyan” Series Lecture: Compilation of Chinese Civil Code

Lecture details

Tuesday, December 23, 2014
9:00-10:30 p.m.
C303, PKU ShenZhen

Recently, compilation of Chinese Civil Code is one of the most important questions in the process of Rule of Law in China. On Dec. 23, 2014, Professor ZHU Daming will invite the head of the Civil Law Office of Legal Council of Standing Committee of the National People’s Congress, to give students a lecture. The lecture is arranged to introduce the progress and several questions in the compilation of Chinese Civil Code. We hope you all could participate the lecture and find it interesting. This lecture is held by STL and Society of Women in Law (SWL).


Law Careers Series Lecture: UNHCR Mandate and Refugee Protection

Lecture details

Tuesday, December 16, 2014
12:30-14:00 p.m.
C303, PKU ShenZhen

STL Career Services Center has arranged a lecture on Dec. 16 2014 to introduce students an UN organization, which is UNHCR(联合国难民署). From the talk by Senior Protection Officers Zhang Youli and Li Sangu, you will expect to learn what they do and how it feel like working in international organization like that. We hope you all could participate the lecture and find it interesting.

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December 9: Lecture on Developments in the U.S. Law of General Jurisdiction

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Lecture details

Tuesday, December 9, 2014
5:10- 6:30 p.m.
C303, PKU ShenZhen

Short bios:

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.

Talk Description:

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.

Public Lecture: Antitrust Law in Zero-Price Markets

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Lecture details

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”.

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Law Careers Series Lecture: Capital Market and Securities Lawyer

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Lecture details

Friday, November 28, 2014
2:20-4:00 p.m.
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.

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Law and World Global Forum: Globalization and Development of Legal Education

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.

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Public Lecture: What Felled Arthur Andersen? It Depends…

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Lecture details

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).

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Lunch-Time Lecture: An Important Criminal Law Case Pending in the New York Court of Appeals

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Lecture details

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.

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Public Lecture: The New Dawn of Hands-on Legal Education

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Lecture details

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.

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Peking University School of Transnational Law

Room 410, School of Transnational Law
Peking University Shenzhen Graduate School,
University Town, Xili, Nanshan District,
Shenzhen, China 518055