Tuesday, March 10, 2015
C303, PKU ShenZhen
About the Speaker Julien Chaisse:
Julien Chaisse is Associate Professor at the Chinese University of Hong Kong (CUHK) and Director of the Center for Financial Regulation and Economic Development (CFRED). Julien is an award-winning specialist in international economic law with particular expertise in the regulation and economics of foreign investment.
In addition to scholarly work, Prof. Chaisse has wide experience as a practitioner, and is engaged as expert, counsel and arbitrator in international dispute settlement. Apart from his frequently being interviewed by local and international media on current events and legal issues, Prof. Chaisse is also regularly invited to provide legal advice and training courses on cutting-edge issues of international economic law for international organizations, governments, multinational law firms and private investors, including the United Nations ESCAP and ITC, World Trade Organization, ASEAN Secretariat, European Commission, Asian Development Bank, numbers of European countries and ASEAN member states.
Friday, January 16, 2015
C303, PKU ShenZhen
About the Speaker Robert Lewis:
Robert Lewis (吕立山), one of the best well-known, most active foreign lawyers in the China legal market, is a true pioneer in international legal practice and widely acclaimed thought leader. A US lawyer licensed in California, Robert has worked in China for more than 20 years in both private practice with major international and Chinese law firms and as in-house counsel with multinational corporations. Currently a senior international counsel of Zhonglun Law Firm, his practice focuses on in-bound and out-bound cross-border corporate and commercial transactions, with a particular emphasis on M&A, telecoms/IT transactions, and infrastructure projects, as well as clean energy and strategic partnering arrangements generally.
A few highlights of Robert’s illustrative career include:
– Perfectly bilingual in spoken and written Mandarin with native English.
– Managing Partner of Lovells (Hogan Lovells) Beijing Office for nine years.
– General Counsel of Nortel Networks Communications.
– The only foreign member of All China Lawyers Association Legal Training Committee, who has conducted hundreds of hours of training for Chinese lawyers and legal professionals.
– Author of numerous professional articles and several books in Chinese for Chinese legal and business professionals, including “The Art of Legal Drafting”, “Pioneering the – Modern Chinese Law Firm Management System” and “The Rules of the Game”.
– Architect and founding Chairman of the first Chinese-foreign law firm alliance, Sino-Global Legal Alliance (SGLA).
– Regular opinion contributor to The Lawyer online on China legal market (Robert’s blogs on the Chinese legal market can be found at http://www.thelawyer.com/news-and-analysis/opinion).
– Legal advisor to the 2008 Beijing Olympics Committee on major infrastructure projects
Come hear expert’s insight about the legal market, China practice. Come ask the top professional leader about your question. A great opportunity that you never want to miss.
Friday, January 9, 2015
B218, PKU ShenZhen
In November 2014, China and the United States signed an ambitious agreement that commits each country to reducing its greenhouse gas emissions over the coming decades. I review the agreement and discuss the current state of U.S. climate policy in light of these new targets. The Obama Administration has proposed executive actions to limit climate pollution, but more effort will be required if the United States is to reach its new goals. Although there is little hope of federal legislation in the next two years, the U.S. could rapidly reduce its emissions if the balance of political power shifts in the future. Meanwhile, states continue to drive the policy conversation on climate and clean energy in the U.S. Perhaps the best news of all is the rapid development of successful businesses in the American wind and solar industries, whose influence at the state and federal levels could help transform the national energy sector.
Danny Cullenward joined UC Berkeley as a Philomathia Research Fellow in September 2013, after completing his J.D. at Stanford Law School and his Ph.D. in Environment & Resources (E-IPER) at Stanford University.
Danny was the first J.D./Ph.D. student in E-IPER, where he was a David and Lucile Packard Foundation Stanford Graduate Fellow. His thesis research integrated insights from energy economics and law to support the development of effective, science-based climate policy at the state and federal levels. Working through Stanford’s Environmental Law Clinic, Danny focused on strengthening California’s climate policy through litigation, public comments, and regulatory development processes. With colleagues in engineering and law, he also created new methods for assessing the distributional impacts of national carbon tax legislation on household expenditures.
Before graduate school, Danny worked for MAP Royalty, Inc., an energy investment company in Palo Alto. At MAP, he was responsible for supporting energy education at Stanford, including co-teaching the University’s largest energy class and organizing a field research seminar to visit major energy installations in China. Previously, Danny was a Research Associate with the Program on Energy and Sustainable Development, where he conducted fieldwork on energy policy in China, India, Brazil, and Norway.
He holds a B.S. with interdisciplinary honors in Earth Systems, and an M.S. in Management Science & Engineering, both from Stanford.
Tuesday, January 6, 2015
C303, PKU ShenZhen
The Tang dynasty is regarded as one of China’s most accomplished dynasties – its achievements in the areas of literature, empire-building, and law have influenced subsequent dynasties. Indeed, the Tang Code, a penal code promulgated in its finalized form in 653, is regarded as an apex in the development of traditional Chinese law. Given the importance of the Tang Code and the Tang dynasty more generally, it is not surprising that much has been written about the Tang Code and Tang law. Most scholarship, however, has tended to focus on the history of codification and, more specifically, the Tang Code itself. Less scholarship has been done to understand how the Tang Code was actually implemented and applied in society and to answer questions such as whether the application of justice (as mandated by provisions of the Tang Code) was applied consistently. Drawing on and introducing selected Tang historical sources and case accounts (many of which have not previously been translated to English), this talk attempts to address these questions and to discuss the implementation and application of law in traditional China as viewed through the enforcement of criminal law and criminal procedure (as set forth in the Tang Code) in the Tang dynasty.
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”.
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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