Monthly Archives: April 2010

Library Highlights: A Focus on Chinese Law

Understanding Labor and Employment Law in China
Ronald C. Brown
KNQ1270 .B76 2010
From the Publisher: Continued economic prosperity in China and its international competitive advantage have been due in large part to the labor of workers in China, who for many years toiled in under-regulated workplaces. Now, there are new labor law  reforms raising the rights and standards of workers throughout China. These new laws have been praised for their progressive measures and at the same time blamed for placing too many economic burdens on companies, especially those operating on the margins and those that have caused business failures. This, combined with the recent global downturn and the millions of displaced and unemployed Chinese migrant laborers, has created ongoing debate about the new labor laws. Meanwhile the Chinese Union has organized Wal-Mart and many of the Global Fortune 500 companies and a form of collective bargaining is occurring. Workers are pursuing their legal labor rights in increasing numbers. This book provides a clear overview of the current labor and employment law environment in China and its legal requirements, as well as current practices under these laws used to deal with growing labor issues.

Anti-dumping Law and Practice of China
Xiaochen Wu
KNQ340.5 .W89 2009
From the Publisher: For over a decade China has been globally recognized as the leading recipient of antidumping measures. On the other hand, China’s use of antidumping measures is equally noteworthy. Xiaochen Wu’s timely book takes a very practical approach as it examines its subject in a broad context. Besides providing a rich and detailed interpretation of the legal  provisions, it discusses complex technical aspects of the Chinese antidumping law in a very pragmatic way, notably by providing actual instances of their application in the antidumping investigations conducted by the Chinese Ministry of Commerce.

Intellectual Property Rights in China: Politics of Piracy, Trade and Protection
Gordon C.K. Cheung
KNQ1155 .C4445 2009
From the Publisher: Intellectual Property Rights infringement is so rampant in China that counterfeit goods – from general household merchandise, garments and media consumables to specialist products including pharmaceutical products and super computer chips – can be found in roadside stalls, markets, shops, department stores and even laboratory of leading universities. If allowed to continue these infringements may further engender a socially accepted culture of ‘fakeness’ that may seriously hamper innovation and economic progress.

[The author] uses the case of intellectual property rights to examine how and to what extent market forces and knowledge development affect the relationships of China and the world, especially the United States. Including detailed original statistics and data collected from Chinese provinces and cities and in-depth interviews with legal experts and policy makers, this book gives a unique insight into the opportunities and challenges that China faces as it increasingly becomes part of the global society.
Intellectual Property Rights in China is a stimulating read for anyone studying Chinese Business and International Political Economy.

Space Commercialization and the Development of Space Law from a Chinese Legal Perspective
Yun Zhao
KZD1145 .C475 2009
From the Publisher: This book will be the first English on space law written by a Chinese scholar. With the rapid development of space activities in China, many space scientist and lawyers are keen to know Chinese Legal views on policies and laws on space activities. The book discusses new development of space law in view of the rapid development of space commercial activities from a Chinese legal perspective. The topics selected in the book reflect the author’s teaching and research in space law at four different universities: Leiden University, Erasmus University Rotterdam, City University of Hong Kong and the University of Hong Kong. Six areas of space law issues have been selected: property rights, space registration and liability regime, launching services, telecommunications services, national space legislation and international space cooperation. All the topics are closely related to current Chinese space legislation and practice. When dealing with the above six issues, the author will first briefly discuss the current rules and practice at the international level, followed by in-depth analysis of Chinese situation.

From “Che” to China: Labor and Authoritarianism in the New Global Economy
Stephen F. Diamond
HD6476 .D53 2009
From the Publisher: [This book] argues that globalization is not a progressive force that is giving rise to a new democratic capitalism. In fact, authoritarianism, in part influenced by neo-stalinist regimes and their intellectual architects such as ‘Che’ Guevara, remains an important political force and the new global capitalism itself is contributing to its persistence. In particular, the labor organization is now seen by authoritarian regimes as a source of power and control over the general population. To realize the democratic potential in the globalization process, a new autonomous labor movement responsible to its rank and file members must emerge. This requires an intellectual break with the consensus view that capitalism can safely accommodate healthy trade unions in a stable world order.

Lawyers in Modern China
Richard Komaiko and Beibei Que
KNQ1630 .K66 2009
From the Publisher: The book explores several factors that contribute to the current state of underdevelopment of the legal profession, including weak demand for legal services, the balkanization of the profession, systemic sources of corruption, and a dearth of comprehensive yet affordable legal research tools. Finally, the book offers a set of tailored policy recommendations that are designed to ameliorate the problems that stifle the Chinese bar and cultivate it into a powerful force for the promotion of the rule of law.

The Regulatory Environment of Chinese Taxation
Chaowu Jin
KNQ3558 .J56 2009
From the Publisher: This new [2nd] edition contains information on major changes in Chinese tax law, including the promulgation of a new Enterprise Income Tax Law and its Implementing Regulations and substantial revisions to the Individual Income Tax Law. As before, the work consists of two parts: (1) the legislative and dispute settlement aspects of Chinese taxation and (2) the most important types of taxes now in effect in China, particularly those that are important to international readers.

Women and the Law Conference and Ruth Bader Ginsberg Lecture Series Display

Come by the Library Lobby and look over our display of materials related to this year’s Women and the Law Conference and Ruth Bader Ginsberg Lecture Series. The conference, on campus Friday April 30, 2020, will examine the past, present and future of intersectionality. Speakers will discuss ways that intersectional analysis illuminate stories of marginalization in the lives of women of color and other groups; and will set out concrete and aspirational visions of what it means to use intersectional awareness to reshape social movements and advance social justice. The display  includes books and articles published by the distinguished conference speakers: Kimberle Crenshaw, Devon Carbado, Cheryl Harris, Saul Sarabia, and Russell Robinson as well as other relevant works.

Library Highlights: Criminal Law

The Emerging Practice of the International Criminal Court
edited by Carsten Stahn and Göran Sluiter
KZ6311 .E364 2009
From the Publisher: The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Court’s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.

The Impact of Behavioral Sciences on Criminal Law
edited by Nita A. Farahany
K5028.5 .I47 2009
From the Publisher: New discoveries from neuroscience and behavioral genetics are besieging criminal law. Novel scientific perspectives on criminal behavior could transform the criminal justice system and yet are being introduced in an ad hoc and often ill-conceived manner. Bringing together experts across multiple disciplines, including geneticists, neuroscientists, philosophers, policymakers, and legal scholars, The Impact of Behavioral Sciences on Criminal Law is a comprehensive collection of essays that address the emerging science from behavioral genetics and neuroscience and its developing impact on the criminal justice system. The essays survey how the science is and will likely be used in criminal law and the policy and the ethical issues that arise from its use for criminal law and for society.

Criminal Law
Richard G. Singer, John Q. La Fond
KF9219.85 .S54 2010
From the Publisher: Examples & Explanations: Criminal Law, draws on well-known cases that have not made the appellate courts or in some cases haven’t even gone to litigation. The fifth edition includes cutting edge examples and explanations based on prescription drug-induced sleepwalking, death caused by abuse of time-release pain-killing patches, and void-for-vagueness challenges to laws limiting where sex offenders can live or travel.

Among the attributes that make this study aid an excellent resource: [...]Unique, time-tested Examples & Explanations pedagogy —Combines textual material with well-written and comprehensive examples, explanations, and questions to test students’ comprehension of the materials and provide practice in applying information to fact patterns; recent Supreme Court cases on the insanity defense and the diminished capacity defense (such as Arizona v. Clark and Dixon v. United States); explanations include analysis of both prosecution and defense, which provides additional valuable exam-writing skills for students.

Regulating Deviance: The Redirection of Criminalisation and the Futures of Criminal Law
edited by Bernadette McSherry, Alan Norrie and Simon Bronitt
K5015.4 .R44 2009
From the Publisher: The criminal attacks that occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Domestic criminal law has become a vehicle for criminalising ‘new’ terrorist offences and other transnational forms of criminality. ‘Preventative’ detention regimes have come to the fore, balancing the scales in favour of security rather than individual liberty. These moves complement already existing shifts in criminal justice policies and ideologies brought about by adjusting to globalisation, economic neo-liberalism and the shift away from the post-war liberal welfare settlement. This collection of essays by leading scholars in the fields of criminal law and procedure, criminology, legal history, law and psychology and the sociology of law, focuses on the future directions for the criminal law in the light of current concerns with state security and regulating ‘deviant’ behaviour.

The Principle of Legality in International and Comparative Criminal Law
Kenneth S. Gallant
K5165 .G35 2009
From the Publisher: This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law – in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.

EU Criminal Law
Valsamis Mitsilegas
KJE7975 .M58 2009
From the Publisher: EU Criminal Law is perhaps the fastest-growing area of EU law. It is also one of the most contested fields of EU action, covering measures which have a significant impact on the protection of fundamental rights and the relationship between the individual and the State, while at the same time presenting a challenge to State sovereignty in the field and potentially reconfiguring significantly the relationship between Member States and the EU. The book will examine in detail the main aspects of EU criminal law, in the light of these constitutional challenges. These include: the history and institutions of  EU criminal law (including the evolution of the third pillar and its relationship with EC law); harmonisation in criminal law and procedure (with emphasis on competence questions); mutual recognition in criminal matters (including the operation of the European Arrest Warrant) and accompanying measures; action by EU bodies facilitating police and judicial co-operation in criminal matters (such as Europol, Eurojust and OLAF); the collection and exchange of personal data, in particular via EU databases and co-operation between law enforcement authorities; and the external dimension of EU action in criminal matters, including EU-US counter-terrorism co-operation. The analysis is forward-looking, taking into account the potential impact of the Lisbon Treaty on EU criminal law.

Crime and Culpability: A Theory of Criminal Law
Larry Alexander and Kimberly Kessler Ferzan
K5103 .A44 2009
From the Publisher: This book presents a comprehensive overview of what the criminal law would look like if organized around the principle that those who deserve punishment should receive punishment commensurate with, but no greater than, that which they deserve. [The authors] argue that desert is a function of the actor’s culpability, and that culpability is a function of the risks of harm to protected interests that the actor believes he is imposing and his reasons for acting in the face of those risks. The authors deny that resultant harms, as well as unperceived risks, affect the actor’s desert. They thus reject punishment for inadvertent negligence as well as for intentions or preparatory acts that are not risky. Alexander and Ferzan discuss the reasons for imposing risks that negate or mitigate culpability, the individuation of crimes, and omissions. They conclude with a discussion of rules versus standards in criminal law and offer a description of the shape of criminal law in the event that the authors’ conceptualization is put into practice.