Xingzhong Yu. 310 Myron Taylor Hall Ithaca, NY

Transcription

1 April 10, 2014 Xingzhong Yu 310 Myron Taylor Hall Ithaca, NY CURRENT APPOINTMENTS Anthony W. and Lulu C. Wang Professor in Chinese Law, Cornell Law School, January 1, Other Appointments: Professor of Law by Special Arrangements, Northwest University of Politics and Law, Xian, China Present. Guest Professor, Hangzhou Normal University Law School, China, August, EXPERIENCE Anthony and Lulu Wang Distinguished Visiting Professor, Cornell Law School, August 16 December 31, Co-Director, Center for Rights and Justice, Chinese University of Hong Kong, August 1, 2010 January 15, Associate Dean (Research), Faculty of Law, Chinese University of Hong Kong, August 2008 September 2010). Associate Professor, Faculty of Law, Chinese University of Hong Kong, January 2007 January 15, Director, Chinese Law Program, Hong Kong Institute of Asia-Pacific Studies, Chinese University of Hong Kong, March 2003 January 15, Coordinator, Law and Society Subarea, China Studies, Five Major Focused Areas of Research, Chinese University of Hong Kong, August 1, 2008 January 15, Page

2 Visiting Associate Professor of Law, Harvard Law School, Fall Assistant Professor, Department of Government and Public Administration, The Chinese University of Hong Kong, January 3, 2000 December 30, Lecturer on law, Harvard Law School, September 1999 December 1999 Course: The Role of Law in Chinese Society (co-teaching with Professor William Alford) Senior Research Fellow, East Asian Legal Studies, Harvard Law School, September 1998 August 1999 Conducted research on the US involvement in China s effort to modernize its legal system since the beginning of the century to learn how current and future endeavors of similar nature could benefit from that experience; Served as an Overseas Consultant for the Ford Foundation s Global Law Programs Learning Initiative. Visiting Professor, Beijing University Department of Law, Spring Semester 1998 Taught legal reasoning and legal methods; advised graduate students on dissertation topics and research skills; participated in projects on Chinese judicial reform sponsored by the Ford Foundation and other entities. Associate (Chinese Legal Specialist), Baker & McKenzie, Chicago, November 1995 February 1998 Assisted US clients doing business in China, including providing information and comments on PRC foreign trade and investment laws, labor law, company law, intellectual property law and foreign exchange regulations and preparing various legal documents in both English and Chinese. Visiting Scholar, Columbia Law School, Center for Chinese Legal Studies, Studied American legal pragmatism and its relevance to Chinese legal reform; audited courses on Jurisprudence, Contracts, Civil Procedure, International Law and Constitutional Law. Lecturer on Law, Department of Law, Northwest University of Political Science and Law, Xian, China, Courses taught: Jurisprudence and Legal Theory Visiting Fellow, Australian National University, History of Ideas Unit, May 1985 October Conducted research on economic reform and law in China; translated selected Chinese laws and relevant articles into English; audited courses and seminars on political and legal theory, history of legal ideas and philosophy. 2 Page

3 Lecturer, Department of Foreign Languages, Northwest University of Political Science and Law, Xian, China, Taught general English and legal English, translated legal documents, acted as interpreter for academic lectures. EDUCATION Harvard Law School S.J.D. (Doctor of Juridical Science) 1995 Dissertation: A Theory of Civil Order Dissertation Committee: Professors William P. Alford, Mary Ann Glendon and Martha Minow Fields of Interest: Social Theory, Comparative Law, Chinese Law and Legal History, Jurisprudence, Constitutional Law, comparative studies of judicial institutions. Harvard Law School LL.M. (Master of Laws) 1991 Thesis: Legal Essentialism in the People s Republic of China Lanzhou University, Gansu, People s Republic of China B.A Major: English Language and Literature Senior Research Project: The Birth of American National Literature. PUBLICATIONS In English: State Legalism and the Public/Private Divide in Chinese Legal Development, in Theoretical Inquiries in Law. Volume 15, Issue 1, (2014) Pages Academic Discourse, Official Ideology, and Institutional Metamorphosis: Reflections on Contemporary Chinese Legal Discourses and Reality, in Culture and Social Transformations: Theoretical Framework and Chinese Context, edited by Tianyu Cao, Xueping Zhong, Liao Kebin, and Ban Wang (Brill, 2013), Pages Judicial Professionalism in China: From Discourse to Reality in William P. Alford, Kenneth Winston & William C. Kirby (eds.) Prospects for Professionalism in China: Essays on Civic Vocations (Routledge, September 2010). Western Constitutional Ideas and Chinese Discourse on Constitutionalism in Michael 3 Page

4 Dowdle and Stephanie Balme (eds.) Building Constitutionalism in China (Palgrave Macmillan, September 2009). Regulatory and Institutional Framework of Regional Autonomy for Ethnic Minorities in China, in China Law, No. 2, April Autonomy in Ningxia Hui Autonomous Region of the PRC, Commissioned report for the Kreddha Autonomy Mapping Project (Netherlands), March Autonomy in Xinjiang Uygur Autonomous Region of the PRC, Commissioned report for the Kreddha Autonomy Mapping Project (Netherlands), June Formalism and Commitment in Hong Kong s Constitutional Development in Hualing Fu and Simon Young (eds.), Constitutional Interpretation in Hong Kong: The Struggle for Coherence, (Palgrave Macmillan, 2007). Pp European Constitution and Its Implications for China, in Legisprudence- an international journal for the study of legislation, Vol.1, No. 2, 2007 (Hart Publishing), pp Human Faculties and Human Societies- a Three Dimensional Cultural Epistemology, in Archiv Fur Rechts - Und Sozialphilosophie Beiheft 102, Epistemology and Ontology of Law, edited by Zenon Bankowski (Germany: Franz Steiner Verlag Stuttgart, 2005). Citizenship, Ideology and the PRC Constitution, in Goldman and Perry (eds.), Changing Meanings of Citizenship in Modern China (Cambridge, Mass.: Harvard University Press, 2002). Legal Pragmatism in the PRC, (Originally published in Journal of Chinese Law, 3:1, Fall 1989, collected in the volume on Chinese Law and Legal Theory edited by Perry Keller for the International Library of Essays in Law and Legal Theory, 2001). The Constitution of a Civil Order, Investigation of Culture, Vol. 10, October Accountability and Dialogue: Agenda for Change, China Rights Forum, Fall The Work Begins at Home, Human Rights Tribune, 3:3, Fall Book Review: Banakar and Travers (eds.) AN INTRODUCTION TO LAW AND SOCIAL THEORY, The Law and Politics Book Review (An electronic Publication of the Law and Courts Section of the American Political Science Association), Vol. 13 No. 2, February Book Review: LEGISPRUDENCE: A NEW THEORETICAL APPROACH TO LEGISLATION by Luc J. Wintgens (ed.), The Law and Politics Book Review, Vol. 13 No. 5, May Page

5 Book Review: LAW AS COMMUNICATION by Mark Van Hoecke, The Law and Politics Book Review, Vol. 13 No. 8, August Book Review: LAW AND LEGAL INTERPRETATION, by Fernando Atria and D. Neil MacCormick (Eds.). The Law and Politics Book Review, Vol. 14 No. 5, May Book Review: LAW OF DEMOCRATIC GOVERNING, by Gregory Tardi (ed.), The Law and Politics Book Review, Vol. 15 No. 9 (2005). Book Review: COMPETITION POLICY AND LAW IN CHINA, HONG KONG AND TAIWAN, by Mark Williams, The Law and Politics Book Review, Vol. 17 No. 9 (2007). Book Review: AUTONOMY AND PROTECTION OF FUNDAMENTAL RIGHTS IN HONG KONG SPECIAL ADMINISTRATIVE REGION, by Wong Yun-Bor, Hong Kong Law Journal, Volume 39, Part 2, In Chinese: Books Frontiers of Jurisprudence, (Beijing: China Democracy and Law Publishing House, 2014). Anglo-American Jurisprudence: From Experience to Identity (forthcoming, China Democracy and Law Publishing House). Reading Jurisprudence (Beijing: The Ocean Publishing House, June 2010). Frontiers of Social Theory and Law (Co-editor) (Beijing: Tsinghua University Press, January 2010). Rule of Law and Civil Orders (Beijing: Chinese University of Politics and Law Press, 2006). Articles Legal Ideas in the Family Sayings of Confucius, in China Law Review, Vol. 1, On a Three Dimensional Epistemology of Civil Orders, in Collected Papers of 2013 World Chinese Legal Philosophy Summit, Hong Kong: Red (Round Table) Publish, Pages Toward and Beyond the Rule of Law, in Caijing Magazine, No. 32, November, Page

6 Theorizing Mediation Practice: from Concepts to Philosophy, in Xu Xin (ed.), Mediation in Comparative Perspectives, Beijing: China University of Politics and Law Press, 2013, Pages Non-finality, Blue-Heaven Judge and the Superjudge Hercules, in Journal of Hangzhou Normal University, Vol. 5, May "A Preliminary Study of Francis Bacon's Legal Thought," in Journal of Hangzhou Normal University, Vol. 2, February, "Academic Discourse, Ideology, and the Transformation of Institutions" in Culture and Social Transformation, Xueping Zhong et al (eds.) (Hangzhou: Zhejiang University Press, September Chinese Legal Philosophy in the Post-Global Age: Opportunities and Challenges, in Pacific Journal, Vol. 19, No.10, October Subsidiarity: an Important Principle for Constitutionalism and Development, in Journal of Law and Economics, Vol. 12, June High Degree of Autonomy and the Principle of Subsidiarity, in Comparative Law in China (2009), August On Pufendorf s Elementa jurisprudentiae universalis libri duo in Deng Zhenglai (ed.) Annual Studies of Western Legal Philosophers, (Beijing: Beijing University Press, January 2007). Pp Emancipation, Development and Law: Modernity into Postmodernity, in Wu Jinlian & Jiang Ping (eds.) Journal of Law and Economics, Vol. 1, "Deliberative Democracy and Freedom of Association," in Wu Yuzhang (ed.) The Legal Aspects of Social Organizations, (Beijing: Social Science Archives Press, 2004) Artificial Intelligence, Defeasible Reasoning and Law, in Legal Thinking and Legal Method, No. 3, "In Search of the Balance between Law and Politics," in Peking University Law Journal, No. 6, 2003 (Beijing University Law School) (with Ge Hongyi). "Value Transformation and the Disappearance of the Subject---On the Crisis of Contemporary Confucianism," in Legal Theory and Precedents, November 2003, an online journal maintained by Zhejiang University Law School. Forms of Law and Forms of Legal Reasoning, Legal Thinking and Legal Method, No. 2, Page

7 Cultural Significance of Enforcing the International Human Rights Conventions in China, in Liang Zhiping (ed.) Rule of Law in China: Institutions, Discourse and Practice (Beijing: Chinese University of Politics and Law, 2002). Critical Legal Studies and Postmodern Jurisprudence, in Zhu Jingwen (ed.) Postmodern Legal Studies in the West (Beijing: Falu Chubanshe, 2001). The Ultimate Rule of Recognition in Hong Kong Law retrospect and prospect, Hong Kong Journal of Social Sciences, No. 22 Spring/Summer The Role of Natural Law in the Divinization and Secularization of Law, Legal Science, No. 118, Is the Rule of Law the Most Ideal Option for Mankind? Law Science Monthly, Number 1, Analogical Reasoning in Law, Legal Thinking and Legal Method, No. 1, July Prevailing Culture, Two-Dimensional Cultural Epistemology and the Rule of Law, Tsinghua Forum of the Rule of Law, Vol. 3. Liberal Legal Values and the Globalization of Law, Tsinghua Law Journal, Vol.1, No. 1, Modern and Postmodern in Jurisprudence, The People s University Law Review, No. 1, Dworkin s View on Indeterminacy and Autonomy of law, Global Law Review, Vol. 23. Rule of Law as a Civil Order, Tsinghua Forum of the Rule of Law, Vol. 2, Order and Civil Order, Investigation of Culture, Vol. 8, January The Authority System and the Chinese Constitution, Hong Kong Journal of Social Sciences, No. 6, An Introduction to Contemporary Western Legal Philosophy, Legal Science, Short Essays Freedom Trail in Boston, Faxuejia Chazuo (Jurists Teahouse), Vol. 25, January Westphalia Duo, Black Box Operation and the Northern Superiority over the South in Legal Studies: William Twining s Reflection and Critique of Western Jurisprudence, Faxuejia Chazuo, Vol. 21, May Page

8 Seeing Randy Edwards Again, Faxuejia Chazuo, Vol. 20, March The Honorable Judge, Faxuejia Chazuo, Vol. 18, June Going to Seminars, Global Law Review, Vol. 23, Autumn Bacon, Coke and the English Common Law, People s Court Daily, October 22, Wall Street Journal (Chinese Edition) Column Articles In Search of the Meaning for the Middle Class, March 11 th, 2014 Killing the Baby Giraffe: Interest versus Compassion, February 17 th, 2014 Modern Men and China s Road to Enlightenment, January 8 th, 2014 Historical And Cultural Barriers In China s Road Towards the Rule of Law, December 26 th, 2013 Mandela s Long Road to Freedom, December 10th, 2013 Random Thoughts about the Symbolism of Freedom, November 12th, 2013 A Society Inflicted with Brutality Calls for Natural Law, August 5th, 2013 Constitutionalism Signifies Civilized Politics, June 24th, 2013 Can the Supreme People s Court Exercise the Power of Constitutional Review? June 3rd, 2013 Implementing Constitutional Review Symbolizes the Beginning of a Modern Society, May 17th, 2013 Constitutional Commitment and Judicial Independence, April 23rd, 2013 Chinese Dream: State or Individual, April 3rd, 2013 Lawyers, the Internet, and the New Enlightenment, March 5th, 2013 The Principle of Subsidiarity, Self-Reliance, and Civil Society, February 19th, 2013 Constitutionalism and Democracy: Which Comes First? January 31st, Page

9 From Revolutionary Legitimacy to Constitutional Legitimacy, January 15th, 2013 Institutions and Politics: How Far Can China Go? December 26 th, 2012 What Is the Scientific Outlook for Development? December 3 rd, 2012 The Long and Noble Cause of Emancipation of the Chinese People, November 13 th, 2012 Truth Is the Daughter of Time, November 5 th, 2012 Having Rules Does Not Mean Having the Law, October 15 th, 2012 What Is the Future for Democracy? September 26 th, 2012 Does the Constitution Mean Anything? September 13 th, 2012 UNPUBLISHED PRESENTATIONS Normative Dualism --- Chinese Approaches to Order and Disorder, talk given at the Center for Advanced Study, University of Illinois at Urbana-Champaign on March 11, Reinterpretation of Chinese legal Tradition, talk given at Shenzhen University Law School on June 24, Three Approaches to Human Development, talk given at the Legal Theory Forum at the People s University of China on June 18, Chinese Approaches to Order and Disorder, paper presented at the Comparative Law and Sociology of Law Forum in Beijing University Law School on June 13, Rule of Law as a Civil Order, paper presented at the International Conference on the Rule of Law with Chinese Characteristics in Transition, organized by the School of Law, City University of Hong Kong on June 5-7, China s Approaches to Order and Disputes, paper presented at the Shanghai Forum, held at the Fudan University on May 24, New Approaches to Comparative Law: Meridian 180 as an Example, talk given at the Hangzhou Normative University Law School on March 22, Judicial Risk and Assessment of Judges in China, Center for the Study of Contemporary China, University of Pennsylvania, February 1, Page

10 Marxian Legal Theories and Identity Jurisprudence, keynote speech at the conference on Critical Perspectives on Law held in the Northwest University of Political Science and Law in Xian, China on December 22, Lectures on Comparative Legal Philosophy, a series of five lectures delivered to postgraduate students and young teachers at the Northwest University of Political Science and Law in Xian on December 22-27, Judicial Risks in the People's Republic of China, a talk given for the Clarke Program in East Asian Law and Culture, Cornell Law School on November 8, "Legal Civil Order and China's Rule of Law Construction," public lecture delivered at the Nandu (Southern Metropolitan) Public Forum in Shenzhen on July 15, "Rule of Law and China," public lecture delivered at the Lingnan Public Forum in Guangzhou on July 14, "Rule of Law as a Civil Order" lecture given at the International Summer Camp for postgraduate law students held at the Zhejiang University Law School on July 9, "Empirical Jurisprudence: From Bacon to Hobbes," lecture given at a summer program held at the East China University of Politics and Law on June 26, "Usefulness of Law and Legal Research for Social and Human Development," talk given to students at the Beijing Forestry University on the evening of June 23, "Can Epistemological Rupture Reduce the Path Dependency in the Development of Legal Philosophy?" paper presented at a conference at Tsinghua University Law School on June 23. "The Emerging Constitutional Identity of Hong Kong, paper presented at the 2012 Law and Society Association annual meeting in Honolulu, Hawaii, June 5-8, Subsidiarity and Legal Pluralism, paper presented at the Global Legal Education Forum celebrating the 100th anniversary of the S.J.D. program at Harvard Law School on March 24, "Human Rights Advocacy in China," talk presented at the Cornell Human Rights Advocacy Week on March 15, The Meaning of Law in Traditional Chinese Culture, paper given at the Research Seminar, Faculty of Law, CUHK, March 3, Chinese Legal Tradition Reconsidered, paper presented at the Symposium on New Perspectives in Chinese Studies: Approach, Data, and Method, Organized by CUHK- CCKF Asia Pacific Centre for Chinese Studies (APC) 3-4 August Unicorns, Waters and Mountains: Authoritative Symbols in Traditional and Contemporary Chinese Law, Paper presented at the Workshop on The Promises of Law, 10 Page

11 co-organized by Cornell Law School and Chinese Law Programme of HKIAPS, CUHK, Hong Kong, 23 October The Constitutional Principle of Subsidiarity and Ethnic Regional Autonomy in China, paper presented at the Roundtable on Autonomy co-organized by the Center for Comparative and Public Law at the University of Hong Kong and Chinese Law Programme of the HKIAPS, CUHK, June 2, On the Development of Human Faculties a Critique of the UNDP s Human Development Concept, paper presented at the International Conference on Law and Development: The Chinese Experience held at the Renmin University of China, May 8 10, Property Law and Constitutional Developments in China s Economic Reform Process, presentation at the Roundtable Discussion on Property Rights: Global Issues, Chinese Perspectives held at the School of Law, the CUHK, 29 May Frontiers of Legal Philosophy, three lectures given at the Northwest University of Political Sciences and Law, Xian, June Asian Constitutionalism: The Emerging Constitutional Identity of Hong Kong, paper presented at The 6th Asian Conference on Philosophy of Law held in Taiwan University, Taipei, March The Controversy over the Draft Property Rights Law and China s Economic Reform, talk given at the Northeastern University Law School, Boston, 25 October, The Role of Law in Chinese Society, lecture given at Tufts University, Boston, 15 November, Current Legal Reforms in China, talk given to Chinese Students Association at Harvard University, Boston, 15 December On PRC Regional Autonomy Law (Paper presented at the International Conference on Comparative National Experiences of Autonomy: Purpose, Structures, and Institutions, organized by Center for Comparative and Public Law at the University of Hong Kong in April 2005). Theories of Constitutionalism in China (Paper presented at the Symposium on Constitutionalism Today: China From Comparative Perspectives in April, 2005 at the CUHK). Three Principles for an Ideal Civil Order (Paper presented at the 22 World Congress of Philosophy of Law and Social Philosophy in Granada, Spain in May 2005). Legal Education and Legal Profession in the United States, a public lecture presented 11 Page

12 at the Forum of Renowned Scholars in Law, Jilin University Law School, 16 June Lex Americana, Jus Gentium and Globalization of Law, talk given to postgraduate students in Jilin University Law School and Northwest University of Politics and Law in May and June 2004 respectively. Foreign-invested Enterprise Law in the PRC, lectures given at the Chinese Law Certificate Seminars organized by Hong Kong Trade Development Council in 2003 and The Principle of Charity for the Legal Professionals, a public lecture for Chang An Forum, a prestigious forum sponsored by the Northwest University of Political Science and Law in Xian, China, 19 December Hong Kong s Custom and Law, lecture delivered at the Orientation for New Teaching Assistants organized by the CLEAR at the CUHK (for three times since 2002). Comparative Legal Philosophy, a two-week series of lectures delivered to postgraduate students of jurisprudence at the Northwest University of Politics and Law in Xian for three consecutive summers since Postmodern Constitutionalism and China s Constitutional Development, public lecture given at Northwest University of Politics and Law in Xian in December Legal Reasoning and Judicial Decision-Making, public lecture given at Northwest University of Politics and Law in Xian in June Chinese Legal Tradition: A Pathfinder and A New Interpretation, paper presented at the Fourth Conference on Asian Jurisprudence, January 2002 (Hong Kong). Constitutional Interface between Hong Kong and the Mainland, paper presented at 2002 General Annual Meeting of Hong Kong Political Science Association (May 2002). PUBLIC SERVICE Member, Professors Committee, Guanghua Law School, Zhejiang University. Member, International Consultation Committee, Fudan University Law School. Member of the Advisory Board, Frontiers of Legal Science. Member of the Advisory Board, Library of Chinese and Comparative Law. Member of Review Board, Legisprudence- an international journal for the study of legislation (Belgium). 12 Page

13 13 Page Member of the Advisory Board, Justice, Institute for Advanced Judicial Studies (Beijing). Associate Member, Harvard Disability Project.