Category Archives: China Law

Library Highlights: Law and Religion

The Mandate of Heaven and the Great Ming Code
Jiang Yonglin
KNN33 .J53 2011
From the Publisher: After overthrowing the Mongol Yuan dynasty, Zhu Yuanzhang, the founder of the Ming dynasty (1368-1644), proclaimed that he had obtained the Mandate of Heaven (Tianming), enabling establishment of a spiritual orientation and social agenda for China. Zhu, emperor during the Ming’s Hongwu reign period, launched a series of social programs to rebuild the empire and define Chinese cultural identity. To promote its reform programs, the Ming imperial court issued a series of legal documents, culminating in The Great Ming Code, which supported China’s legal system until the Ming was overthrown and also served as the basis of the legal code of the following dynasty, the Qing (1644-1911). […] This study challenges the conventional assumption that law in pre-modern China was used merely as an arm of the state to maintain social control and as a secular tool to exercise naked power. Based on a holistic approach, Jiang argues that the Ming ruling elite envi-sioned the cosmos as an integrated unit; they saw law, religion, and political power as intertwined, remarkably different from the “modern” compartmentalized worldview. In serving as a cosmic instru-ment to manifest the Mandate of Heaven, The Great Ming Code represented a powerful religious ef-fort to educate the masses and transform society.

Friends at the Bar: A Quaker View of Law, Conflict Resolution, and Legal Reform
Nancy Black Sagafi-nejad
KF4869.Q83 S24 2011
From the Publisher: George Fox, founder of the Religious Society of Friends, admonished his follow-ers against “going to law.” In this fascinating, wide-ranging book, a Quaker lawyer explores the rela-tionship between Quakers and the American legal system and discusses Friends’ legal ethics. A highly influential group in the United States, both for their spiritual ideals of harmony, equality, and truth-telling, and for their activism on many causes, including abolition and opposition to war, Quakers have had many noteworthy interactions with the law. [The author] sketches the history and beliefs of the early Quakers in England and America, then goes on to look at important twentieth-century constitutional law cases involving Quakers, many involving civil rights issues. Sagafi-nejad’s survey of one-hundred Quaker lawyers shows them to be at odds with the adversarial system and highlights a legal practice that must balance truth-telling and zealous advocacy. The Quaker development of extra-legal dispute resolution to solve debates amongst Friends is discussed, along with a look at the possible future of mediation.

Hinduism and Law: An Introduction
edited by Timothy Lubin, Donald R. Davis Jr., Jayanth K. Krishnan
KNS122 .H564 2010
From the Publisher: Covering the earliest Sanskrit rulebooks through to the codification of ‘Hindu law’ in modern times, this interdisciplinary volume examines the interactions between Hinduism and the law. The authors present the major transformations to India’s legal system in both the colonial and post colonial periods and their relation to recent changes in Hinduism. Thematic studies show how law and Hinduism relate and interact in areas such as ritual, logic, politics, and literature. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history.

Encountering Religion in the Workplace: The Legal Rights and Responsibilities of Workers and Employers
Raymond F. Gregory
KF3466.5 .G74 2011
From the Publisher: In a recent survey, 20 percent of the workers interviewed reported that they had either experienced religious prejudice while at work or knew of a coworker who had been subjected to some form of discriminatory conduct. Indeed, according to the Equal Employment Opportunity Com-mission, the filing of religious discrimination charges under Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, sex, and religion) increased 75 percent between 1997 and 2008. The growing desire on the part of some religious groups to openly express their faith while at work has forced their employers and coworkers to reconsider the appropriateness of certain aspects of devotional conduct. Religion in the workplace does not sit well with all workers, and, from the employer’s perspective, the presence of religious practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression—by employees and employers—from unlawful proselytizing. In doing so, the authors build on previous treatments of Hindu law as a purely text-based tradition, and in the process, provide a fascinating account of an often neglected social and political history. practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression— by employees and employers— from unlawful proselytizing.

Muslims and Global Justice
Abdullahi Ahmed An-Naʻim
KBP2460 .N353 2011
From the Publisher: An-Na’im opens this collection of essays with a chapter on Islamic ambivalence toward political violence, showing how Muslims began grappling with this problem long before the 9/11 attacks. Other essays highlight the need to improve the cultural legitimacy of human rights in the Muslim world. As An-Na’im argues, in order for a commitment to human rights to become truly uni-versal, we must learn to accommodate a range of different reasons for belief in those rights. In addition, the author contends, building an effective human rights framework for global justice requires that we move toward a people-centered approach to rights. Such an approach would value foremost empower-ing local actors as a way of negotiating the paradox of a human rights system that relies on self-regulation by the state. Encompassing over two decades of An-Na’im’s work on these critical issues, Muslims and Global Justice provides a valuable theoretical approach to the challenge of realizing glob-al justice in a world of profound religious and cultural difference.

Politics, Taxes, and the Pulpit: Provocative First Amendment Conflicts
Nina J. Crimm, Laurence H. Winer
KF6449 .C748 2011
From the Publisher: In Politics, Taxes, and the Pulpit, Nina J. Crimm and Laurence H. Winer examine the provocative mix of religion, politics, and taxes involved in the controversy over houses of worship engaging in electoral political speech. The authors analyze the dilemmas associated with federal tax subsidies benefiting nonprofit houses of worship conditioned on their refraining from political cam-paign speech. The Supreme Court’s recent Citizens United decision invalidating federal campaign fi-nance restrictions on corporations’ political campaign speech makes the remaining, analogous restric-tive tax laws constraining many nonprofit entities all the more singular and problematic, particularly for houses of worship. Crimm and Winer explore the multifaceted constitutional tensions arising from this legal structure and implicating all fundamental values embodied in the First Amendment: free speech and free press, the free exercise of religion, and the avoidance of government establishment of religion. . They also examine the history and economics of taxation of houses of worship. The authors conclude that there exists no means of fully resolving the irreconcilable clashes in a constitutionally permissible and politically and socially palatable manner. Nonetheless, Crimm and Winer offer several feasible legislative proposals for reforming tax provisions that likely will generate considerable debate.

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Center for Global Legal Studies— Recent Acquisitions

Antigone: Texte Original, Introduction et Notes
David I. Grossvogel
PQ2601.N67 A63 1959 (Course Reserve)
ThomCat

Beyond the Boycott: Labor Rights, Human Rights, and Transnational Activism
Gay W. Seidman
HD8943 .S44 2009
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China’s Long March toward Rule of Law
Randall Peerenboom
KNQ2025 .P44 2002 (Course Reserve)
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French Criminal Law
Catherine Elliott
KJV7979 .E435 2001
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Global Unions: Challenging Transnational Capital through Cross-Border Campaigns
edited by Kate Bronfenbrenner
HD6475.A1 G57 2007
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International Encyclopaedia of Laws. Civil Procedure
edited by Paul Lemmens
K2205 .I584 1994-
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Iran Awakening: A Memoir of Revolution and Hope
Shirin Ebadi with Azadeh Moaveni
KMH110.I23 A3 2006 (Course Reserve)
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The Pianist
Produced by Roman Polanski, Robert Benmussa, Alain Sarde; screenplay by Ronald Harwood
VIDEO PN1995.9.B55 P536578 2002 (Course Reserve)
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The Pianist: The Extraordinary Story of One Man’s Survival in Warsaw, 1939-4
Wadysaw Szpilman; with extracts from the diary of Wilm Hosenfeld; foreword by Andrzej Szpilman
DS135.P63 S94713 1999 (Course Reserve)
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Reading Lolita in Tehran: A Memoir in Books
Azar Nafisi
PE64.N34 A3 2003 (Course Reserve)
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Sophocles
Translated and with an introduction by David Grene
PA4414.A1 G7 1991 (Course Reserve)
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Two Women
Produced by Arta Film & Arman Film; written and directed by Tahmineh Milani
VIDEO PN1997 .T862 1998 DVD-ROM (Course Reserve)
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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.

Global Legal Studies — Recent Acquisitions

Accountability for Human Rights Atrocities in International Law: Beyond the Nuremberg Legacy
Steven R. Ratner, Jason S. Abrams, James L. Bischoff
K5301 .R38 2009
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Cruel and Unusual Punishment: Comparative Perspective in International Conventions, the United States and Iran
Sanaz Alasti
K5103 .A43 2009 (New Book Shelf)
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The International Law of Belligerent Occupation
Yoram Dinstein
KZ6429 .D56 2009
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Treaty Conflict and the European Union
Jan Klabbers
KJE5106 .K57 2009 (New Book Shelf)
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Wearing Chinese Glasses: How not to go Broke in Chinese Asia
Gregory A. Bissky
HF3834 .B57 2007
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Global Legal Studies — Recent Acquisitions

EC Competition and Telecommunications Law
edited by Christian Koenig … [et al.].
KJE6964 .E25 2009
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Engaging With Foreign Law
Basil Markesinis in co-operation with Jorg Fedtke
K559 .M374 2009
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The Establishment of the Hariri Tribunal
edited by C. Tofan
KZ6304 .E88 2008
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EU Criminal Law
Valsamis Mitsilegas
KJE7975 .M58 2009
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European Employment Law: a Country by Country Guide
edited by Trowers and Hamlins
KJC2855 .E95 1995
ThomCat 

The European Union and China, 1949-2008: Basic Documents and Commentary
Francis Snyder
D1065.C5 S69 2009
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Foreign Relations Law: Cases and Materials
Curtis A. Bradley, Jack L.Goldsmith
KF4651 .B73 2009
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Gifts: a Study in Comparative Law
Richard Hyland
K898 .H95 2009
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A Guide to the Laws, Regulations, and Policies of the People’s Republic of China on Foreign Trade and Investment
James L. Kenworth
KNQ78.B87 K46 1989
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Housing Homeless Persons: Administrative Law and the Administrative Process
Ian Loveland
KD1179 .L68 1995
ThomCat 

Implementation Handbook for the Convention on the Rights of the Child
prepared for UNICEF by Rachel Hodgkin and Peter Newell
K639.A41989 H63 2007
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International Courts and Environmental Protection
Tim Stephens
K3585 .S74 2009
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International Environmental Law: Basic Instruments and References, 1992-1999
Edith Brown Weiss, Daniel Barstow Magraw, Paul C. Szasz
K3583 .W452 1999
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Jurisdiction of Specific International Tribunals
Chittharanjan F. Amerasinghe
KZ6265 .A44 2009
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The Law Market
Erin A. O’Hara and Larry E. Ribstein
KF8858 .R49 2009
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Mass-mediated Terrorism: The Central Role of the Media in Terrorism and Counterterrorism
Brigitte L. Nacos
PN4784.T45 N35 2002
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The Nexus of Law and Biology: New Ethical Challenges
edited by Barbara Ann Hocking
K328 .N494 2009
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Protecting Civilians: The Obligations of Peacekeepers
Siobhan Wills
KZ6515 .W55 2009
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Regimes Matrimoniaux, Successions et liberalites dans les relations internationales et internes
sous la direction de Michel Verwilghen; Union internationale du notariat latin, commission des affaires europeennes et de la Mediterranee
KJC979.M37 R44 2007
ThomCat

Rethinking Europe’s Constitution
edited by Andreas Kinneging
KJE4445 .R47 2007
ThomCat 

Routledge Handbook of International Law
edited by David Armstrong; editorial board, Jutta Brunee … [et al.].
KZ1250 .R68 2009
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Standard Contract Terms in Europe: a Basis for and a Challenge to European Contract Law
edited by Hugh Collins
KJE1640 .S73 2008
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Status Quaestionis: Questionnaire on the Provision of Legal Interpreting and Translation in the EU
edited by Erik Hertog, Jan Van Gucht
KJE5306 .S73 2008
ThomCat

Trade and Investment Rule-making: The Role of Regional and Bilateral Agreements
edited by Stephen Woolcock
HF1418.7 .T723 2006
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