Books to Help with LLM Student Training

A couple of recent book releases that may be helpful for LLM students:

International Legal English: a practical course book for speakers of English as a second language
Angela Williams
Torino: G. Giappichelli, 2012
ISBN: 9788834898024
http://www.giappichelli.it/Home/978-88-348-9802-4,3489802.asp1

An American Constitutional History Course for Non-American Students
Luis Grau
Madrid: Dykinson, 2012
ISBN:9788490312902
http://www.amazon.com/American-Constitutional-History-Non-American-Students/dp/849031277X

Expert Commentaries Posted on the China Guiding Cases Project

Stanford’s China Guiding Cases Project has recently posted two expert commentaries on the first batch of guiding cases released by the Supreme People’s Court. Both commentaries are available in English and Chinese.

Prof. Wang Chenguang of Tsinghua University School of Law comments on the differences between Chinese Guiding Cases and stare decisis in common law countries. Prof. Wang’s commentary also addresses some of the still unresolved issues of how courts will apply the Guiding Cases in practice.
https://cgc.law.stanford.edu/expert-commentary/2-professor-wang/

Chief Judge Jiang Heping of the First Civil Division of the Dongguan Municipality No. 2 People’s Court in Guangdong Province discusses the second Guiding Case, Wu Mei v. Meishan Xicheng Paper Co., Ltd. of Sichuan Province involving the role of settlements in the Chinese legal system. The case clarifies the distinctions among settlement, mediation, and adjudication in Chinese courts. Chief Judge Jiang’s court has been designated a “Court for National ADR Initiative” by the Supreme People’s Court.
https://cgc.law.stanford.edu/expert-commentary/1-judge-jiang/

The CGCP team is busy working on China law summaries on specific areas of law. Look for these to be posted soon on the Web site. The first law summaries will probably cover contract law, criminal law, environmental law, and alternative dispute resolution.

China Guiding Cases Project
https://cgc.law.stanford.edu/

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/

Festival Justice et Cinema

La Rochelle, France offers an annual justice and film festival – Festival Justice et Cinema. Now in its third year, the 2011 edition was held June 10th and11th.

Each year’s festival offers a different theme, with this year’s films focusing on  screen portrayals of investigating magistrates (juge d’instruction)

 In addition to screening  films, the festival also offers discussions by legal practitioners, film critics, journalists, and academics.

http://www.festivaljusticeetcinema.fr/

The Web site also includes a biblioghraphy.

Law, Justice and Film

Looks like the University Jean Moulin and the Bar Association of Lyon’s conference on law and narrative cinema is turning into an annual event. The 2nd annual meeting was held in late March in Lyon. In addition to panels, the conference also screened films. Participants included screenwriters, directors, attorneys, professors, and administrative judges.

Les Rencontres Droit, Justice & Cinema 2011
Les questions de Droit et de Justice abordées par le prisme du cinéma de fiction
Lyon, France. March 21-25, 2011
http://lesmistons.typepad.com/files/dp-comoedia—rencontres-djc-20115.pdf

2010 Conference
http://www.barreaulyon.com/Le-Barreau-de-Lyon/Actualites/Rencontres-Droit-Justice-et-Cinema

Hat tip to the Law and Cinema Blog (Le Blog Droit et Cinéma)
http://lesmistons.typepad.com/blog/

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.

 

Legal Research Methods in a Modern World: A Coursebook

Together with my Stanford Law School colleague George D. Wilson and our friend and Danish legal scholar Henrik Spang-Hanssen, we have just published the third edition of our legal research book, a revision of Legal Research Methods in the U.S. and Europe, 2nd Edition.  But with the inclusion of short but good (in my opinion) chapters on legal research in China and Russia and some other materials, we have changed the title to Legal Research Methods in a Modern World: A Coursebook.

The book, now weighing in at 453 pages (and bargain priced at $ 55.00), is rich with illustrations and peppered with legal research tips.  My contribution is mainly Chapter 5, about legal research methods in the United States, and it is based upon and follows the advanced legal research class that I co-teach here at Stanford.  New to this edition, in addition to other updates, is the inclusion of research exercises that we have found most useful from the class.  I did not include the answers — because I hope to continue to use these exercises — but I would be very happy to share the answers and my thoughts on approaches with other instructors of legal research.

The legal world is certainly getting smaller, and it is our shared belief that this would be handy book for any attorney to have as he or she deals with lawyers from other countries and their legal cultures.

The book should be available from Amazon.com; but if not, or if you want to order copies in mass quantities, the U.S. distributor is International Specialized Book Services.  For other countries, the distributor is Marston Book Services.

We also have a corresponding website here.