Stanford’s China Guiding Cases Project

On December 20, 2011, the Supreme People’s Court of the People’s Republic of China released its first batch of guiding cases (指导性案例).  This happened slightly more than a year after the Court issued the Provisions of the Supreme People’s Court Concerning Work on Guiding Cases (最高人民法院关于案例指导工作的规定) in November 2010.

The first batch of guiding cases consists of two civil cases and two criminal cases.  The China Guiding Cases Project (CGCP), an initiative of Stanford Law School founded by Dr. Mei Gechlik in early 2011 and advised by leading experts including justices from the U.S. Supreme Court and China’s Supreme People’s Court, is pleased to release its translation of 王志才故意杀人案 (WANG Zhicai, an intentional homicide case) (Guiding Case No. 4) (attached).

About the CGCP

The CGCP aims to advance knowledge and understanding of Chinese law and to enable judges and legal experts both inside and outside of China to contribute to the evolution of Chinese case law through ongoing dialogue on the guiding cases. The CGCP intends to make these cases quickly and easily accessible to English-speaking audiences outside China on its searchable website http://cgc.law.stanford.edu.  Visitors to the website will be able to post their thoughts about the cases and commentaries in Chinese and English, while “Question and Answer” sessions will permit readers and commentators to have more in-depth dialogues, again in Chinese and English.

To mark this historical moment in the development of the Chinese legal system, the CGCP will take the following steps this month:

Launch the CGCP website (http://cgc.law.stanford.edu) on Monday, January 9, 2012.  Translations of the other three guiding cases will be available then.  In addition, Judge JIANG (Michael) Heping, Chief Judge of the First Civil Division of the Dongguan Municipality No. 2 People’s Court in Guangdong Province, has contributed to the CGCP a commentary on Guiding Case No. 2.  Judge JIANG’s court has been identified as a Court for National ADR Initiatives by the Supreme People’s Court.  The Chinese and English versions of Judge JIANG’s commentary will also be posted on the CGCP website.
Hold a public event on Wednesday, January 18, 2012, 12:45 – 2 p.m., at Stanford Law School.  Dean Larry Kramer will commemorate the official launch of the CGCP and the public release of our official products.

To keep abreast of CGCP announcements and updates, please subscribe to the China Guiding Cases Project mailing list by visiting https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject.  Just enter your email address in the space provided and then click “Subscribe”.

The CGCP Team
Stanford Law School

Release of Initial Guiding Cases from the Supreme People’s Court of China

The Supreme People’s Court (SPC) of  China has released its first four guiding cases : two contract law and two criminal law cases.

上海中原物业顾问有限公司诉陶德华居间
Shanghai Zhongyuan Property Consultants Ltd. v. De-Hua Tao
This is a contract law opinion.

吴梅诉四川省眉山西城纸业有限公司买卖
Wu Mei v. West Side Paper Co., Ltd. Sichuan Meishan
Also a contract law case.

潘玉梅
Panyu Mei, Ning Bribery Case

王志才故意杀人案
Wang Intentional Murder Case

The SPC statement explaining the concept of guiding cases and links to the four cases in Chinese is available at :
http://www.chinacourt.org/html/article/201112/21/472164.shtml

The court announcement and additional information in Chinese can be found at:
http://www.court.gov.cn/xwzx/fyxw/zgrmfyxw/201112/t20111220_168538.htm
http://www.court.gov.cn/xwzx/jdjd/sdjd/201112/t20111220_168539.htm.

Stay tuned to Legal Research Plus for news about English translations and commentary on the initial batch of SPC Guiding Cases.

 

Italian Society for the Study of Comparative Law

The latest issue of the “European Journal of Private Law” reports on the establishment in September 2010 of the Società Italiana per la Ricerca nel Diritto Comparato (SIRD)

Conference Report: The First Conference of the Società Italiana per la Ricerca nel Diritto Comparato (SIRD) on “The New Frontiers of Comparative Law” held in Milano
Nadia Coggiola
15 European Review of Private Law 687 (2011)

From the article:
Founded by several distinguised Italian scholars, among them to cite a few, Rodolfo Sacco, Antonio Gambaro, Guido Alpa, Giovanni Conso, Michele Graziadei, Alessandro Pizzorusso and Gustavo Zagrebelsky, SIRD now counts more than 200 members.

The role of comparative law in Italian universities is remarkable: Italian universities are the home of around 200 chairs in comparative law, and the subject is compulsory in every law degree programme.

Società Italiana per la Ricerca nel Diritto Comparato
Italian Society for the Study of Comparative Law

http://www.sirdcomp.it/

Constitution Explorer Project

Stanford’s Center on Democracy, Development and the Rule of Law (CDDRL) and Program on Liberation Technology are creating a database of constitutions searchable by subject. They are working on building a taxonomy and tagging individual articles and sections from foreign constitutions. When the database is finished, it should nicely complement  Hein’s Constitutions of the World Illustrated and Richmond’s Constitution Finder.

If you are in the bay area this weekend and wish to support this project, CDDRL is organizing an International Constitution Day volunteer session on Saturday, November 12th at Stanford.

See the following link for additional information:
http://cddrl.stanford.edu/events/6902

Citations to Foreign Law in the Supreme Court of Canada

Waiting for Globalization: an Empirical Study of the McLachlin Court’s Foreign Judicial Citations

Peter McCormick

41 Ottawa Law Review 209

From the abstract:

…This paper explores the Supreme Court of Canada’s citations to judicial authority since 2000. The paper argues that the notion of non-Canadian citation must be disaggregated into three component parts – English, American and everything else. – before it can usefully be examined, these three exhibiting quite different patterns; an d its concludes that in none of them can the “expanding globalization” thesis be sustained. … Finally, it looks at the kinds of cases that tend to include non-Canadian citations, and suggests that not only are we still waiting for globalization, but to the extent that we are focusing primarily on rights-based jurisprudence, we may also be looking in the wrong place.

Stanford China Law & Policy Conference May 6 & 7, 2011

The Inaugural Stanford China Law & Policy Conference

Law and the Chinese Transformation

May 6-7, 2011

Stanford Law School

About the Event:  The Stanford China Law & Policy Association is hosting the inaugural China Law & Policy Conference that will take place on May 6-7, 2011.  The title of the conference is “Law and the Chinese Transformation.”  This event is co-sponsored by the Rock Center for Corporate Governance.

 

The Conference brings together prominent experts on Chinese law, politics, and business to begin productive conversations about the most pressing issues in Chinese legal, political, and corporate governance reform.  Dean Larry Kramer will give opening remarks.  Dr. Condoleezza Rice, former Secretary of State, will deliver the keynote speech.  GAO Zhansheng, Consul General of the People’s Republic of China in San Francisco, will deliver a special luncheon speech.

 

Confirmed panelists and moderators from China include:

Honorable WANG Yanfang, IP Tribunal of the Supreme People’s Court of China

SHEN Weixing, Vice Dean of Tsinghua University Law School, China

WANG Xixin, Vice Dean of Peking University Law School, China

Jeff Lehman, Founding Dean of the Peking University School of Transnational Law, China

XIAO Wei, Managing Partner, Jun He Law Offices

 

Confirmed panelists and moderators from the US include:

Brad Berenson, Partner, Sidley Austin

Nancy Boswell, President and CEO, Transparency International – USA

Juan Botero, Rule of Law Index Director, The World Justice Project

Brian Cabrera, General Counsel, Synopsys

Carmen Chang, Partner, Wilson Sonsini

Chuck Comey, Partner, MOFO

Marc Fagel, Regional Director, SEC in San Francisco

Mei Gechlik, Lecturer, Stanford Law School

Paul Goldstein, Professor, Stanford Law School

Joe Grundfest, Professor, Stanford Law School

Mike Klausner, Professor, Stanford Law School

Larry Kramer, Dean of Stanford Law School

David Lee, Partner, Orrick

Yabo Lin, Partner, Sidley & Austin

Paul Marquardt, Partner, Cleary Gottlieb

Ken Nguyen, Stanford Law School

John Quinn, Managing Partner, Quinn Emanuel

Joe Simone, Partner, Baker McKenzie

Laura Stein, General Counsel, Clorox

Alan Sykes, Professor, Stanford Law School

Bill Treanor, Dean of Georgetown University Law Center

Honorable Clifford Wallace, Ninth Circuit

 

The conference will hold six panels discussing the various legal implications of a rising China.  These panels include:

I.             Legal Education in China and the US

II.            The Development of Rule of Law in China

III.           IP protection and Enforcement in China

IV.          Cross-border Acquisitions and Investments

V.            Foreign Corruption Practice Act and its Applications to Business Operations in China

VI.          Opportunities and Challenges for the Legal Profession

 

Registration Information:

Registration is free, but required for all participants.  Please register at http://www.stanford.edu/dept/law/forms/chinalaw_participants.fb

CLE credits will be offered to practicing attorneys for attending the conference.

Questions?  If you have any questions, please contact: Sandy Yao at sandyyao@stanford.edu or Michelle Yuan at yyuan1@stanford.edu.

 

Links from the Constitutional Court of South Korea

The English language site of the Constitutional Court of South Korea provides links to supreme and constitutional courts of individual countries arranged by continent.

There are also links to a few selected international tribunals and five Korean government Web sites that provide resources in English, including the Ministry of Government Legislation (Korea Law in English)

http://english.ccourt.go.kr/

Click on “Legal Links” from the homepage.

Italian Journal of Public Law

Italian Journal of Public Law

http://www.ijpl.eu/

Current issue and archives are available free of charge.

From the journal description:

The Italian Journal of Public Law IJPL was established in 2009 by a small group of scholars based in several Italian universities, with the encouragement and support of scholars from other countries.

IJPL has the ambition to serve as a bridge between the Italian and other legal cultures and therefore encourages the submission of studies, comments and review articles from lawyers and social scientists from all over the world.

IJPL is interested in publishing pieces in all areas of public law, especially with regard to administrative and constitutional law. Both comparative and theoretical approaches are particularly welcomed.

 

The latest issue of the “German Law Journal” has an article about this journal , which includes links to other online Italian legal journals.

Giancinto della Cananea. On Bridging Legal cultures: The Italian  Journal of Public Law.

11 German Law Journal 1281 (November 2010).

http://www.germanlawjournal.com/

 

 

 

 

 

Islamic Law Index Database

The law librarians at the International Islamic University Malaysia have created a nice index of journal articles and book chapters related to Islamic Law. Sadly, no full-text is available. The database includes materials from U.S., European, and Asian publishers. The bibliographic records provide subject headings, and abstracts when available. The majority of records are in Malay or English. Searching is available in English.

Terima kasi temans!

Islamic Law Index Database

http://lib.iiu.edu.my/elmu-rm/mom2-documentsearch.jsp

http://lib.iiu.edu.my (select Islamic Law on the right side of the screen)

Article: The Use of Foreign Decision by Constitutional Courts – A Comparative Analysis

SSRN has posted an article on the use of foreign law by constitutional and supreme courts. The author looks at the use of foreign law in constitutional law cases by courts in Australia, Austria, Canada, France, South Africa,  and Switzerland. The article is only available in Spanish.

The Use of Foreign Decision by Constitutional Courts – A Comparative Analysis

Rodrigo Brito Melgarejo

In Dret, Volume 2 (2010)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1639031

http://www.indret.com/pdf/720_es.pdf

Abstract:

Despite the relevance of comparative law in constitutional adjudication has repeatedly been at the center of heated debates, in recent years, an increasingly transnational constitutional dialogue between justices has developed in many countries. Some members of a large number of constitutional courts have embraced the possibility of considering the constitutional decisions of other nation’s courts because the potential benefits of comparative constitutional learning are many. Considering other national court decisions or explaining disagreements with them, for example, may stimulate judges to rethink principles or priorities in ways that alter their own constitutional perspective and to find new valuable arguments that renew its own stock of constitutional ideas.

This paper aims at analyzing the way some constitutional courts are using foreign decisions in constitutional interpretation and tries to demonstrate that comparative constitutional reasoning tends every day more vigorously to universality.