Center for East Asian Legal Studies Annual Report

CENTER FOR EAST ASIAN LEGAL STUDIES

2022-2023

ANNUAL REPORT

Senior Director Setsuo Miyazawa Director Keith Hand

MESSAGE FROM THE FACULTY DIRECTORS

Our inaugural year as the Center for East Asian Legal Studies (CEALS) was a momentous one and provided new opportunities to build on seven years of work with the East Asian Legal Studies Program. The global pandemic waned, cross-border scholarly and professional exchange recovered, and historic developments across the Pacific Rim reinforced the critical importance of exchange and research on East Asian law and policy. As Xi Jinping secured a third term as China’s core leader, rising U.S.-China tensions created complex compliance challenges for multinational companies and focused new attention on law as tool of strategic and economic competition.

In the wake of these emerging challenges, Japan and other East Asian countries re-examined their relations with China, the United States, and each other.

During the 22-23 academic year, CEALS offered expert insights on these and other developments through a range of specialized courses, research collaborations, and programs. Our public events series brought leading scholars and lawyers to campus to explore topics including U.S.-China legal competition, expanding opportunities for U.S. lawyers in Japan, and legal and policy issues at the heart of tensions in the Taiwan Strait. We welcomed two new Affiliated Scholars with deep expertise on the legal systems of Japan and China, and a Visiting Scholar from Korea. Twelve students produced substantial research papers on a diverse range of current topics in our research seminar on China and the International Legal Order. In Japan, our Senior Director strengthened cross-border scholarly networks and directed a major project on structural changes in the Tokyo bar. We hope you enjoy learning more about these and other programs in the pages that follow, and we look forward to engaging with you in the year ahead!

CENTER HISTORY AND MISSION In 2009, Professor Setsuo Miyazawa, a senior legal sociologist and one of the world’s leading scholars of the Japanese legal system, and Professor Keith Hand, an expert on Chinese law and a new faculty member, began collaborating to offer courses and professional opportunities related to East Asia. They firmly believed that the law school’s historic strengths in the fields of international and comparative law, along with its central location in a major Pacific Rim business center, presented a unique opportunity to build UC Law SF into a new hub for teaching, research, and scholarly exchange on East Asian legal systems. After expanding the course curriculum on East Asia; establishing exchanges with prominent law schools and bar associations across the region; developing new student internship opportunities; and organizing many public events, Professors Miyazawa and Hand formally established the East Asian Legal Studies Program in 2015. In 2022, law school administrators granted the program new status as the Center for East Asian Legal Studies (CEALS).

The rise of China and continued rapid growth across the Pacific Rim present both vast opportunities and new challenges for the legal profession and the world. Legal education in the 21st century must prepare law students and legal scholars to grasp these opportunities and meet the challenges. With this objective in mind, the Center’s mission incorporates three closely related elements: Building the law school into a leading Pacific Rim center for interdisciplinary research and exchange on East Asian legal systems; Advancing our understanding of the historic legal changes taking place across East Asia by promoting in-depth faculty and student research, collaborating with leading scholarly networks and professional institutions, and offering a diverse range of expert lectures and conferences to legal professionals in the San Francisco Bay Area; and Providing the next generation of law students with the knowledge and training to understand East Asian legal systems and legal cultures; work effectively with clients and counterparts in this dynamic region; and take full advantage of the growing opportunities for legal professionals interested in a global practice with an East Asia focus.

CENTER FACULTY AND AFFILIATES

Setsuo Miyazawa

Keith Hand

Senior Director Senior Professor UC Law SF

Director Professor of Law UC Law SF

Hiroshi Fukurai Affiliated Scholar Professor UC Santa Cruz

Jeff Layman Affiliated Scholar Deputy General Counsel Venture Global LNG

CEALS FACULTY AND INSTITUTIONAL AFFILIATES COLLABORATION CEALS faculty have led efforts to establish student exchange programs with leading law schools in East Asia, including Hitotsubashi University, National Taiwan University, Peking University, Shanghai Jiaotong University, Waseda University, and Yonsei University, as well as formal partnerships with the Daini Tokyo Bar Association, the Taipei Bar Association, and key law firms in the region.

We have been honored to partner with many prominent organizations, including the National Committee on U.S.-China Relations, the Japan Society of Northern California, the Japan External Trade Organization, the Chartered Institute of Arbitrators, the 1990 Institute, the UC Santa Cruz East Asian Studies Program, Waseda Law School, the Dui Hua Foundation, and numerous student organizations, on selected public events and programs.

PUBLIC EVENTS AND EXCHANGES Since 2009, CEALS has organized over 75 public events and exchanges with leading scholars, practitioners, and officials on a wide range of topics related to East Asian legal systems. Major events during the 2022-2023 academic year included: Virtual Panel on Current Challenges in the US-China Trade and Investment Environment with Zheng Liu, Partner in the International Property and Commercial Litigation groups at Rimon Law; Greg Pilarowski, Founder of Pillar Legal; and Jeff Layman, Deputy General Counsel for Venture Global LNG, UC Law SF alumnus, and CEALS Affiliated Scholar (October 2022).

China’s De-territorialized Authoritarian Legality with Margaret Lewis, Professor of Law at Seton Hall University Law School (October 2022).

Rising Tensions in the Taiwan Strait: Danger, Deterrence, and Difficult Policy Decisions with Glenn Tiffert, Research Fellow and Co-chair of the China Global Sharp Power Project at the Hoover Institution. Co-sponsored by the law school Federalist Society chapter (November 2022).

2022 CHINA Town Hall National interactive webcast with Ambassador Jon M. Huntsman, Jr., followed by a local panel on the PRC Constitution at 40: Prospects for Constitutionalism in China, with Changhao Wei, Fellow at Yale Law School Paul Tsai China Center, and CEALS Director Keith Hand. Co-sponsored by the National Committee on U.S.-China Relations (November 2022).

What Can American Lawyers Do in Japan? with Daigo Takahashi, Corporate Associate at Morrison Foerster and UC Law SF alumnus (February 2023).

Waging External Struggle through Law: How China Is Developing Domestic Legal Capacity to Compete with the United States with CEALS Director Keith Hand. Co-sponsored by the Armed Services Legal Association (March 2023).

For a full listing of CEALS public events since 2009, please visit our website here.

CENTER NEWS AND RESEARCH The Asian Law & Society Association, the Japanese Association of the Sociology of Law, and CRN33 of the Law & Society Association organized a panel discussion to honor CEALS Senior Director Setsuo Miyazawa (July 2022).

CEALS Director Keith Hand published an article titled "Constitutional Supervision in China after the 2018 Amendment of the Constitution: Refining the Narrative of Constitutional Supremacy in a Socialist Legal System" in the Asian-Pacific Law & Policy Journal (May 2022) and a policy report titled “Waging External Struggle through Law: China’s Evolving Legal Strategies and Pelosi’s Taiwan Visit” with the UC San Diego 21st Century China Center (October 2022).

In Japan, CEALS Senior Director Setsuo Miyazawa led several research projects, including a major project on the structural changes in the Tokyo bar, published a chapter on the public interest activities of Japanese lawyers in a volume titled The Role of Lawyers in Access to Justice, and participated in activities of the Law School Center of the Japan Federation of Bar Associations.

CEALS was honored to welcome Hiroshi Fukurai, Professor Sociology & Legal Studies at the University of California, Santa Cruz and former President of the Asian Law & Society Association, and UC Law SF alumnus Jeff Layman, Deputy General Counsel for Venture Global LNG and former China Country Counsel for The Boeing Corporation, as Affiliated Scholars.

CEALS Senior Director Setsuo Miyazawa organized a session on criminal defense lawyering at the 2022 Annual Meeting of the Japanese Society of Sociology of Law and presented a paper on judicial selection at the 2022 Global Meeting of the Law and Society Association in Lisbon, where he was honored for his scholarly contributions at a special session.

CEALS Director Keith Hand presented his research on China’s development of domestic law as a tool of international struggle and networked with scholars from across Asia at the Asian Law and Society Association Annual Meeting at Vietnam National University in Hanoi, Vietnam (December 2022). .

CENTER NEWS AND RESEARCH The University of Washington Law School featured CEALS Director Keith Hand in an article on “The Law and China’s Evolution as a World Power" (January 2023).

UC Law SF welcomed Seong Young Yoon, Associate Professor at the Hankuk University of Foreign Studies Law School (Seoul), as a Visiting Scholar.

Professor Yoon is a corporate governance expert (Spring 2023).

CEALS Senior Director Setsuo Miyazawa and the Daini Tokyo Bar Association placed rising 2L Dylan Fackler in a summer internship with Hikari Sogo Law Offices and hosted a dinner with UC Law SF alumni in Tokyo to welcome him (Summer 2023).

23-24 PREVIEW In Fall 2023, CEALS faculty will offer a rich course curriculum, including The Japanese Legal System, a survey course that provides students opportunities to conduct in-depth research, and Chinese Law and Legal Institutions in the Global Business Context, a survey course on the PRC legal system that focuses on issues of interest to investors and their legal advisors.

Senior Director Setsuo Miyazawa will lead the ninth and final installment of the CEALS Symposium on Japanese Law on September 22. This year's symposium will bring prominent lawyers and legal scholars from across the United States and Japan to discuss Japan's open government movement.

CEALS will host a robust schedule of lectures and panels exploring recent developments in the Korean legal system, legal issues in the South China Sea, U.S.-China technological competition, and other current topics.

Very Special Thanks To: Chancellor and Dean David Faigman Provost and Academic Dean Morris Ratner The National Committee on U.S.-China Relations The Daini Tokyo Bar Association CEALS Faculty Assistant Agnes de Vera

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Connect with CEALS: CEALS Website 200 McAllister Street San Francisco, CA 94102 ceals@uchastings.edu 415-565-4803