Program. Law & Democratization in Taiwan & South Korea: Twenty Years Experience. University of Wisconsin Law School October 19-20, 2007

Transcription

1 Program Law & Democratization in Taiwan & South Korea: Twenty Years Experience University of Wisconsin Law School October 19-20, 2007 Sponsored by the Law School s East Asian Legal Studies Center; cosponsored by the Global Legal Studies Center and the University s Center for East Asian Studies, with substantial support provided by the Taiwan Economic and Cultural Office, Chicago, and the Foundation.

2 Background to the Conference: 1987 was a key year in the democratization of both Taiwan and South Korea. Martial law was lifted in Taiwan, while in South Korea military rule came to an end and the current constitution was adopted. While much has been written about the political circumstances surrounding these momentous events, much less has been written relating law and legal institutions to the democratization process. The primary goal of this conference is to address explicitly the role of law and legal institutions in the democratization of Taiwan and South Korea, before 1987 as well as after. While attention will be paid to constitutional law, this conference will also address ways in which other bodies of law, such as corporate, labor, property, criminal, or electoral law, have interacted with the democratization process.

3 Program Friday, October 19, :00-9:30 Registration/Breakfast 9:30-11:00 Opening Session Introductory Remarks: Welcome: Professor John Ohnesorge Professor Charles Irish Professor Heinz Klug 9:45 Plenary Professor Jerome Cohen Address: New York University Law School Of Counsel, Paul, Weiss, Rifkind, Wharton & Garrison LLP 10:30 Overview: Taiwan s Constitutional Reforms Dr. Wen-cheng Lin President, Taiwan Foundation for Democracy 11:00-11:15 Coffee break 11:15-12:45 Session 1: Historical and Political Overview: Political Models of Democratization and Law Professor Edward Friedman Department of Political Science, University of Wisconsin-Madison The Politics of Law in Democratization Professor Tom Ginsburg College of Law, University of Illinois at Urbana-Champaign Law and Democratization: The Uses of Constitutional Law in Taiwan, Korea, and Latin America Professor Javier Couso Universidad Diego Portales, Chile Discussant: Professor T. J. Cheng College of William and Mary 12:45-2:00 Lunch for speakers, discussants, and invited guests

4 2:00-3:30 Session 2: The Changing Role of Law and Legal Institutions in Democratization Professor Steve Meili Law and Development: Korean Contemporary History in Retrospect Professor Chang-Hee Lee Korean Constitutional Court at the Crossroads: Countermajoritarian Difficulty and the Idea of Constitutional Adjudication Professor Chaihark Hahm Yonsei University The Rule of Law and Democracy as Movement Strategy: Explaining Judicial Independence Reform in Taiwan Professor Chin-shou Wang National Cheng Kung University Discussants: Professor Joseph Wong University of Toronto Professor Boa Santos /University of Coimbra 3:30-3:45 Coffee Break 3:45-5:45 Session 3: Democratization and Constitutional Law: Comparative Analysis Professor Tom Ginsburg College of Law, University of Illinois at Urban-Champaign The Media and Political Authority: The Media's Fight for Freedom of Expression Professor Tsung-fu Chen College of Law, National Taiwan University Korean Perception(s) of Equality and Equal Protection Professor Ilhyung Lee University of Missouri School of Law An Analysis of American Influences on Taiwan's Free Speech and Press Jurisprudence Professor Anuj Desai Discussant: Professor Alexandra Huneeus 7:00-9:00 Invited guests gather informally in small groups for a hosted dinner in downtown Madison.

5 Saturday, October 20, :00-9:30 Breakfast 9:30-10:00 Plenary Address: Professor Jiunn-rong Yeh National Taiwan University 10:00-10:15 Break 10:15-11:45 Session 4: Democratization and the Changing Role of Administrative Law Professor John Ohnesorge Dynamics of Democracy: Administrative Law, Institutional Change, and Democratic Governance in Taiwan Mr. Cheng-Yi Huang University of Chicago Is Private Enforcement the Cure for Under-Enforcement of Environmental Law? Professor Hong Sik Cho Discussant: Professor Tom Ginsburg College of Law, University of Illinois at Urban-Champaign 11:45-1:15 Lunch for speakers, discussants, and invited guests. 1:15-2:45 Session 5: Democratization, Law, and the Economy Professor Charles Irish Democratization and Corporate Governance in Korea: One Step Forward and Two Steps Back? Professor Joongi Kim Yonsei University The Evolution of Taiwan's Corporate Governance Reforms after the Repeal of Martial Law: Observation from the Changes of Political Environment Professor Andrew Lin National Taiwan University Discussants: Professor John Ohnesorge Professor Chang-Hee Lee 2:45-3:00 Coffee Break

6 3:00-4:30 Session 6: Democratization, Law, and Human Rights: Addressing Wrongs from the Authoritarian Past Professor Jerome Cohen New York University Law School Of Counsel, Paul, Weiss, Rifkind, Wharton & Garrison LLP Transitional Justice in Korea: Legally Coping With Past Wrongs after Democratization Professor Kuk Cho Constrained Justice: Judicial Roles in Transitional Justice and Democratization in Taiwan Professor Wen-chen Chang National Taiwan University Discussants: Professor Heinz Klug 4:30-5:30 Closing Session (roundtable) Professor Leigh Payne Department of Political Science, University of Wisconsin-Madison Professor John Ohnesorge 7:00-10:00 Dinner for invited guests at Le Chardonnay Restaurant, 320 West Johnson Street