Publications & Outreach
In addition, our Fellows, Visiting Scholars, and Affiliates contribute to the law school's intellectual life through their own research and publications. While many of our projects have a practical focus – helping promote law and policy reforms – our activities also generate books, articles, and other publications.
Gewirtz, Paul, "What China and US Must Not Forget - A Commentary by Paul Gewirtz," New York Times, January 18, 2011. (English)
Gewirtz, Paul, "Privacy and Speech", in Sino-American Advanced Legal Studies Dialogue: Research on Personality and Defamation Law, edited by Wang Liming and Paul Gewirtz. Renmin University (2006). (English) (Chinese)
Gewirtz, Paul, "The U.S.-China Rule of Law Initiative," 11 William & Mary Bill of Rights Journal 603 (2003).
Gewirtz, Paul, "Independence and Accountability of Courts," 24 Global Law Review 7 (2002).
Chinese (Adobe PDF Format) | (Adobe PDF Format)
Gewirtz, Paul, "Approaches to Constitutional Interpretation: Comparative Constitutionalism and Chinese Characteristics," Vol. 31 Part 2 Hong Kong Law Journal 200 (2001).
Hecht, Jonathan, "Developments in the Area of Evidence Law in China," testimony on July 26, 2002 before the Congressional-Executive Commission on China.
Hecht, Jonathan, "Opening to Reform?: An Analysis of China's Revised Criminal Procedure Law," published by the Lawyers Committee for Human Rights.
Hecht, Jonathan, "Taming the Dragon: Can Legal Reform Foster Human Rights in China?," testimony on April 11, 2002 before the Congressional-Executive Commission on China.
Horsley, Jamie P., “Balancing Individual Rights and Group Interests: Who Decides?” in Douglas G. Spelman, ed., The United States and China: Mutual Public Perceptions. Woodrow Wilson International Center for Scholars, Washington, D.C., 2011.
Horsley, Jamie P., "The Rule of Law: Pushing the Limits of Party Rule," in Joseph Fewsmith, ed., China Today, China Tomorrow: Domestic Politics, Economy and Society. Rowman & Littlefield Publishers, 2010.
Horsley, Jamie P., "The Development of Public Participation in the People’s Republic of China" in Ethan J. Leib & Baogang He, eds., The Search for Deliberative Democracy in China. Palgrave Macmillan, 2010.
Horsley, Jamie P., "Update on China's Open Government Information Regulations: Surprising Public Demand Yielding Some Positive Results ," on Freedominfo.org, posted April 23, 2010 at here.
Horsley, Jamie P., "China Adopts First Nationwide Open Government Information Regulations," on Freedominfo.org, posted May 9, 2007 at http://www.freedominfo.org/features/20070509.htm. Our Center's translation of the Regulations on Open Government Information is also available Open Government Regulations English Translation.
Horsley, Jamie P., "Rule of Law in China: Incremental Progress," in C. Fred Bergsten, N. Lardy, B. Gill & D. Mitchell, The Balance Sheet in 2007 and Beyond. Center for Strategic and International Studies and The Peterson Institute for International Economics, April 2007.
Horsley, Jamie P., "Toward a More Open China?" in Ann Florini ed., The Right to Know: Transparency for an Open World. Columbia University Press, 2007.
Horsley, Jamie P., and Harold C. Relyea, eds., "Special Symposium Issue: Open Government in China," with an "Introduction on Open Government Implementation" by Jamie P. Horsley, in Government Information Quarterly, Volume 23, Issue 1 (2006). The symposium included translations of a collection of papers that were presented at a Center workshop in Shanghai in October 2004 on implementation of open government information in Shanghai Municipality, Shanghai’s Xuhui District, Guangzhou and Chongqing, together with Center translations of the Shanghai, Guangzhou and Chongqing open government information provisions.
Horsley, Jamie P., “Access to Government Information in the People’s Republic of China,” in The Bowker Annual Library and Book Trade Almanac 2006.
Horsley, Jamie P., "Rule of Law in China: Incremental Progress," written as a background paper for incorporation in C.F. Bergsten, B. Gill, N.R. Lardy & D. Mitchell, China: The Balance Sheet. Public Affairs Press, 2006.
Horsley, Jamie P., "Public Participation and the Democratization of Chinese Governance," in Yang Zhong and Shipin Hua, eds., Political Civilization and Modernization: The Political Context of China's Reform. World Scientific Press, 2006.
Horsley, Jamie P., "The Democratization of Chinese Governance Through Public Participation and Open Government Information," in Political Civilization and Modernization in China, Vol. 3, The Political Context of China's Transformation. Renmin University, Beijing, 2004. Page 569.
Horsley, Jamie P., "Shanghai Advances the Cause of Open Government Information in China" on Freedominfo.org, April 20, 2004. A translation of The Shanghai Municipal Provisions on Open Government Information is also available.
Horsley, Jamie P., Book Review of China's Long March Toward Rule of Law, by Randall Peerenboom, Journal of Asian Studies, February 2004.
Horsley, Jamie P., "Guangzhou's Pioneering Foray Into Open Government" in China Business Review, July-August 2003, and also reprinted with the author's translation of the Guangzhou provisions at Freedominfo.org.
Horsley, Jamie P., "A Legal Perspective on the Development of Electoral Democracy in China: The Case of Village Elections," in Understanding China's Legal System (a festschrift in honor of Jerome A. Cohen). NYU Press, 2003.
Horsley, Jamie P., Book Review of Bird in a Cage: Legal Reform in China After Mao, by Stanley B. Lubman, The China Business Review, May-June 2002.
Horsley, Jamie P., "Village Elections, Training Ground for Democratization," The China Business Review, Mar-April 2001.
Publications by the Center's Affiliates
The following are a few of the many publications by Visiting Scholars, former staff, students, and others affiliated with The China Law Center:
Balzano, John, "China’s Food Safety Law: Administrative Innovation and Institutional Design in Comparative Perspective," 13 Asian-Pacific Law & Policy Journal 23 (2012).
Balzano, John, "Towards a Gay Friendly China: Implications of a Changing China for Gays and Lesbians," 16 Law & Sexuality 1 (2007).
Balzano, John and Yu, Ping, China Mainland Section, in Human Rights Glossary: International, China Mainland, Hong Kong, Taiwan (2007).
Balzano, John and Jia, Ping, "Coming Out of Denial: An Analysis of AIDS Law and Policy in China (1987 – 2006)," 3 Loyola University Chicago International Law Review 187 (2006).
Wilhelm, Katherine, "Rethinking Property Rights in China," UCLA Journal of International Law and Foreign Affairs, No. 2, Fall/Winter 2004.
Prescott, Jeffrey, "Efficiency and Justice in Summary Criminal Trials," [Original English version in Adobe PDF format]. A Chinese version was published in Legal Daily [Fazhi Ribao], July 24, 2003.
Belkin, Ira, "China's Criminal Justice System: A Work in Progress," in Washington Journal of Modern China, Fall 2000 Vol. 6, No. 2.
Cui, Wei, "Shenpi (Licensing) Reform from the Perspective of One Municipal Jurisdiction" 33 Hong Kong Law Journal 417 (2003).
Halegua, Aaron, "Reforming the People's Mediation System in Urban China," Hong Kong Law Journal, 35(3), 715-750 (2005).
Hand, Keith J., “Citizens Engage the Constitution: The Sun Zhigang Incident and Constitutional Proposals in the People’s Republic of China,” forthcoming in Stephanie Balme and Michael Dowdle, eds., Constitutionalism and Judicial Power in China (Palgrave, 2008).
Keith Hand and Thomas Kellogg, “NPCSC: Vanguard of China’s Constitution?” China Brief, January 17, 2008 (reprinted as “China Crawls Slowly Towards Judicial Reform,” Asia Times, January 25, 2008).
Hand, Keith J., "Can Citizens Vitalize China's Constitution?" Far Eastern Economic Review (May 2007).
Hand, Keith J., “Using Law for a Righteous Purpose: The Sun Zhigang Incident and Evolving Forms of Citizen Action in the People’s Republic of China,” 45 Columbia Journal of Transnational Law 114 (2006). (Word file)
Hand, Keith J., “Watching the Watchdog: China’s State Compensation Law as a Remedy for Procuratorial Misconduct,” 9 Pacific Rim Law & Policy Journal 95 (2000).
Hao, Qian, "From Status-Based Privilege to Old Age Security: Redefining Goals of Pension Reform in China," 6 Journal of the Institute of American and Chinese Culture (2003).
Hao, Qian, "The New Economic Constitution in China: a Third Way for Competition Regime?" 24 Northwestern Journal of International Law and Business 107 (2003).
He, Xin, "Why Do They Not Comply with the Law? Illegality and Semi-Legality among Rural-Urban Migrant Entrepreneurs in Beijing,” 39 Law & Society Review 527-562, September 2005.
Hsu, C. Stephen, ed. Understanding China's Legal System, (a festschrift in honor of Jerome A. Cohen), NYU Press (2003).
Kellogg, Thomas, "'Excessive Deference' or Strategic Retreat? Basic Law Article 158 and Constitutional Development in Hong Kong," Hong Kong Journal, January 2008.
Kellogg, Thomas, "The Anti-Seditious Speech Debate and Media Law Reform," China Brief, May 2007.
Kellogg, Thomas, "Courageous Explorers? Education Litigation and Judicial Innovation in China," 20 Harvard Human Rights Journal 141 (2007).
Kellogg, Thomas, "A Misbegotten Template?: Legislating the Right to Privacy in Hong Kong," Hong Kong Journal, April 2007.
Lubbers, Jeffrey S., "Notice-and-Comment Rulemaking Comes to China," 32 Admin. & Reg. L. News 5-6, Fall 2006.
Sheng, Yi, "A Promise Unfulfilled: The Impact of China’s 1996 Criminal-Procedure Reform on China’s Criminal Defense Lawyers’ Role at the Pretrial Stage" 4 Perspectives (2003). Part 1, Part 2. Perspectives is the on-line journal of the Overseas Young Chinese Forum.
Wang Liming, “An Inquiry into Several Difficult Problems in Enacting China’s Uniform Contract Law,” 8 Pacific Rim Law & Policy Journal 351 (1999) (Keith Hand, trans.).
Wang Xixin, "Government Openness is a Force for Self-Confidence and Progress," Legal Daily [Fazhi Ribao], September 28, 2006. Wang Xixin is a regular commentator for the Legal Daily and has written on public participation in legislation, public hearings, environmental protection, and the food safety system.
See our News page for information about recent Center events.
The Ministry of Land and Resources, "U.S. Experts Meet and Discuss Mechanisms for Land Adjudication," China Land, April 2008 (Chinese).
Li Jianwei, "China-U.S. Academic Workshop on Eminent Domain and Land Dispute Resolution Systems Emphasizes Smooth Channels for Resolving Landless Farmers’ Disputes," The Ministry of Land and Resources Website, April 3, 2008 (Chinese).
"China-U.S. Academic Workshop on Eminent Domain and Land Dispute Resolution Systems Emphasizes Smooth Channels for Resolving Landless Farmers’ Disputes," Chongqing Bureau of Land & Resources and Land Management Public Information Website, April 3, 2008 (Chinese).
"China-U.S. Academic Workshop on Eminent Domain and Land Dispute Resolution Systems Emphasizes Smooth Channels for Resolving Landless Farmers’ Disputes," Ningbo Bureau of Land and Resources Website, April 3, 2008 (Chinese).
"Legal Reform Comes to China With the Support of Scholars at Yale," The William and Flora Hewlett Foundation, February 7, 2008.
Yang Mei, "Increase the 'Light,' Thoroughly Lead Anti-Corruption Efforts," Legal Daily, January 22, 2008 (Chinese).
"Yao Jianzong to Attend 'Bilaterial Workshop on Anti-Discrimination Law'," Legal Theory, January 22, 2008 (Chinese).
Zhao Lei, "Debating 30 Years of Anti-Corruption Efforts in China," Southern Weeked, January 17, 2008 (Chinese).
Xu Kai, "How Does the Law on Media Become a Law to Free the Media?" Caijing Magazine, January 14, 2008 (Chinese).
"Xiong Xuanguo: Strengthen International Cooperation in Anti-Corruption Work," China Court, January 14, 2008 (Chinese).
"Experts: Income Declaration System Flawed, Will Be Replaced by Household Asset Reporting," Beijing News, January 14, 2008 (Chinese).
"High Level Officials Attended Anti-Corruption Workshop," Legal Evening News, January 12, 2008 (Chinese).
Elise Potaka, "The Law of the Banned," The Diplomat, December 14, 2007 (Keith Hand quoted).
Andrew Batson and Jason Dean, “Shoring up the Wall: Communists Move to Adapt Their Rule to a Richer China,” The Wall Street Journal, October 17, 2007 (Keith Hand quoted).
"Peking University Law School and Yale University Professor Discuss NPO Clinic Course Curriculum," China Trade Associations and Chamber of Commerce Website, September 24, 2007 (Chinese).
Elise Potaka, “China’s Legal Reform Crusaders,” Kantor Berita Radio (Jakarta), September 1, 2007 (Keith Hand and Xu Zhiyong quoted).
"The Office of Legislative Affairs of the Beijing Municipal People’s Government and Yale University Law School's China Law Center Co-Sponsor Workshop on Administrative Dispute Resolution," The Office of Legislative Affairs of the Beijing Municipal People’s Government Website, August 10, 2007 (Chinese).
Robert C. Pozen, "Insuring China's Future," The Wall Street Journal, August 6, 2007.
"Senior Yale Professor Launches Training Program," Suzhou Industrial Park Website, July 25, 2007 (Chinese).
"International Legal Experts Gather at Lake Hu in Suzhou: Reference Cases Become Part of the Judicial Training Curriculum," Suzhou Education Network, July 24, 2007 (Chinese).
"International Workshop on Reference Cases Opens," People's Court Daily, July 24, 2007 (Chinese).Renmin University Law School, "International Workshop and Training Held to Discuss Reference Cases," Legal Daily, July 23, 2007 (Chinese).
"International Workshop and Training on the Use of Judicial Precedent," Procuratorial Daily, July 23, 2007 (Chinese).
"Looking at Models and Then Judging Cases," Suzhou News Network, July 21, 2007 (Chinese).
Yang Mei, "Chinese and Foreign Legal Experts Gather in Suzhou to Explore 'Precedent,'" People's Daily, July 20, 2007 (Chinese).
"Lin Xiangguo Meets Legal Experts," Xinhua News, July 19, 2007 (Chinese).
Jim Yardley, "With New Law, China Reports Drop in Executions," The New York Times, June 9, 2007 (Keith Hand quoted).
"Small Claims: Concise, But Far From Simple," People's Court Daily, June 8, 2007 (Chinese).
"United States Judge and the "'Langfang Experience'," Langfang Daily, June 1, 2007 (Chinese).
"Strengthening International Cooperation and Building a Desirable Environment for Administrative Law," Development and Reform Commission of Hunan Province, May 17, 2007 (Chinese).
"Strengthening International Cooperation and Building a Desirable Environment for Administrative Law," Hunan Province Government Television News Clip [Second Story in the Broadcast], May 17, 2007 (Chinese).
"Strengthening International Cooperation and Building a Desirable Environment for Administrative Law," Sina News, May 17, 2007 (Chinese).
"Zhou Qiang Meets Paul Gewirtz, the Director of Yale University's China Law Center," Central People’s Government Website, May 17, 2007 (Chinese).
Peter Ford, "Death Penalty Gets Tighter Scrutiny in China," Christian Science Monitor, November 7, 2006 (Keith Hand quoted).
Susan Jakes, "China's Message on Executions," Time, November 3, 2006 (Keith Hand quoted).
Craig Simmons, "China Slides on Vow to Improve Rights Record," Cox News Service, August 30, 2006 (Jeffrey Prescott quoted).
Jes Randrup Nielsen, "Stram kurs mod pressen i Kina (Strict sentences for press in China)," Jyllands-Posten, August 25, 2006 (Keith Hand quoted).
Chris Buckley, "Chinese Rights Activists Put the Law on Trial," Reuters, August 24, 2006 (Keith Hand quoted).
Marcella Bombardieri, "Yale in Forefront of Colleges' Fight for Overseas Clout," Boston Globe, May 14, 2006.
Yale President Richard Levin's "Introduction of President Hu Jintao," Yale's Office of the President Website, April 21, 2006.
Jim Yardley, "Desperate Search for Justice: One Man vs. China," New York Times, November 12, 2005 (Jonathan Hecht quoted).
Paul Bass, "From China to New Haven," New Haven Independent, November 10, 2005.
Anthony Spaeth, "Talking Points: China and the U.S.," Time, September 13, 2005 (Paul Gewirtz quoted).
Hannah Beech and Susan Jakes, "Changing the Game," Time Special Report "China's New Revolution," June 27, 2005. Two of six profiles are of the Center's former visiting scholars: Sun Chao (Fall 2001) and Zhou Dan (Spring 2004).
David Kirkpatrick, "China Won't Protect IP Until It Gets Its Own IT," Fortune, June 27, 2005 (Paul Gewirtz quoted).
Thomas B. Scheffey, "China Moves Toward Open Government Rules," The Connecticut Law Tribune, August 23, 2004.
Tim Johnson, "China Set to Include Human, Property Rights in Its Constitution," Knight Ridder, March 14, 2004 (Jeffrey Prescott quoted).
"Peking University: Sino-American Workshop Agenda on Reforming China's Land Requisition System," China Economic Network, February 27-28, 2004 (Chinese).
"The Law School Engages China: The China Law Center," Yale Law Report, Winter 2003.
"Public Participation in China's Regulatory Process and Reform of Governance in China," presentation by Wang Xixin at the Carnegie Endowment for International Peace, December 15, 2003.
"US Expert Passes Judgment on Courts," China Daily, October 21, 2003.
"On May 30, 2002, Yale University’s China Law Center Paul Gewirtz Leads Delegation to Visit Shanghai No. 2 Intermediate People’s Court," Shanghai No. 2 Intermediate People’s Court, May 30, 2002 (Chinese).
"Yale University Law School Establishes China Law Center," People’s Daily, May 10, 2001 (Chinese).
"The U.S.-China Rule of Law Initiative," Yale Law Report, Summer 1999.