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Last updated Feb. 12, 2006

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Publications and Working Papers

"The Role of Law in China's Economic Development" (with Peter Murrell and Susan Whiting), Jan. 27, 2006, GWU Public Law Research Paper No. 187 (working paper)

"Zhengfu chigu yu Zhongguo gongsi zhili" (Government Shareholding and Chinese Corporate Governance), Hongfan Pinglun (Hongfan Review [Journal of Legal and Economic Studies]), vol. 2, no. 2 (Sept. 2005): 230-248

"Yige bing buyuan de waiguo yueliang: Meiguo fan neimu jiaoyi falü zhidu" (A Foreign Moon That Is not Round: America's Anti-Insider Trading Legal Regime), Hongfan Pinglun (Hongfan Review [Journal of Legal and Economic Studies]), vol. 2, no. 1 (March 2005): 225-238

"Law, Institutions, and Property Rights in China" (with Peter Murrell and Susan Whiting), Woodrow Wilson International Center for Scholars Asia Program Special Report, No. 129, 2005: 42-47

"Zhongguo xiuding 'Xing Fa' pingjia" (An Assessment of China's Revisions to the "Criminal Law"), in Chuanxi Xu (ed.), Zhongguo Shehui Zhuanxing Shiqi de Falü Fazhan (The Development of Law in China's Transitional Society), Beijing: Falü Chubanshe (Law Press), 2004): 448-492 [pre-publication draft]

"Corporate Governance in China: An Overview," China Economic Review, vol. 14, no. 4 (2003): 494-507 [published version | SSRN version]

"Xintuo zeren de zhenzheng yiyi -- yu Lang Xianping jiaoshou shangque" (The True Meaning of Fiduciary Liability: A Discussion with Professor Lang Xianping), Zhongguo Zhengquan Bao (China Securities News), Dec. 5, 2003 [on-line text] [PDF file including Prof. Lang's article] [scan of print version]

"Empirical Research in Chinese Law," in Erik Jensen & Thomas Heller (eds.), Beyond Common Knowledge: Empirical Approaches to the Rule of Law (Stanford: Stanford University Press, 2003) [published version | SSRN version]

"Duli dongshi yu Zhongguo gongsi zhili" (The Independent Director and Chinese Corporate Governance), in Liufang Fang (ed.), Fa Da Pinglun (China University of Politics and Law Review), vol. 2 (Beijing: China University of Politics and Law Press, 2003)

"Corporatisation, Not Privatisation", China Economic Quarterly, vol. 7, no. 3 (2003): 27-30

"Economic Development and the Rights Hypothesis: The China Problem," American Journal of Comparative Law, vol. 51 (2003): 89-111 [published version | SSRN version]

Review of Peter Murrell (ed.), Assessing the Value of Law in Transition Economies (Ann Arbor: Univ. of Michigan Press, 2001), in Journal of Economic Literature, vol. 41 (June 2003): 624-625 [self-opening file | PDF version]

"China's Legal System and the WTO: Prospects for Compliance," Washington University Global Studies Law Review, vol. 2, no. 1 (2003): 97-118 [published version | SSRN version | Chinese translation]

"Fazhi yu WTO: Zhongguo Dui Shi Mao de Chengnuo Qianjing Zhanwang" (Legal System and the WTO: Prospects for China's WTO Commitments), Ren yu Renquan (Humanity and Human Rights), no. 9 (May 2003) [Chinese translation of "China's Legal System and the WTO" listed above] [on-line HTML version]

"Puzzling Observations in Chinese Law: When Is a Riddle Just a Mistake?" in C. Stephen Hsu (ed.), Understanding China's Legal System (New York: New York University Press, 2003): 93-121 [published version | SSRN version]

"China" (with Nicholas Howson and Lester Ross), in Insolvency & Restructuring 2003 (London: Law Business Research, 2003): 70-77

Statement Before the Congressional-Executive Commission on China (June 6, 2002), in "WTO: Will China Keep Its Promises? Can It?", Hearing Before the Congressional-Executive Commission on China, 107th Congress, Second Session (Washington, D.C.: U.S. Government Printing Office, 2002): 66-78 [HTML | PDF]

Statement Before the United States-China Security Review Commission (Jan. 18, 2002) [on China's accession to the World Trade Organization], in Compilation of Hearings Held Before the U.S.-China Security Review Commission, 107th Congress, First and Second Sessions (Washington, D.C.: U.S. Government Printing Office, 2002): 1171-1181

 "China" (with Lester Ross), in Insolvency & Restructuring 2002 (London: Law Business Research, 2002): 57-63 (Chapter 9)

"Zhongguo de jiufen jiejue" (Dispute Resolution in China), in Jiang Shigong (ed.), Tiaojie, Fazhi yu Xiandaixing: Zhongguo Tiaojie Zhidu Yanjiu (Mediation, Legality, and Modernity: Studies in the Chinese Mediation System) (Beijing: Zhongguo fazhi chubanshe, 2001) (translation of "Dispute Resolution in China" listed below)

"Zhongguo tudi shiyong guanli zi xia er shang de celüe" (A Bottom-Up Strategy for Land Use Regulation in China), in Chi Fulin (ed.), Zouru 21 Shiji de Zhongguo Nongcun Tudi Zhidu Gaige (China's Rural Land System Reform Going Into the 21st Century) (Beijing: China Economic Publishing House, 2000): 299-303

"Incentives and the Bottom-Up Approach to Land-Use Regulation in China" [Chinese translation] (working paper, Jan. 31, 2000)

"Chûgokuhô kenkyû no apurôchi: 'hô no shihai' paradaimu wo koete" (Approaches to Chinese Law: Beyond the 'Rule of Law' Paradigm), Hikaku Hôgaku (Studies in Comparative Law), vol. 34, no. 1 (2000): 73-91

"Alternative Approaches to Chinese Law: Beyond the 'Rule of Law' Paradigm," Waseda Proceedings of Comparative Law, vol. 2 (1998-1999): 49-62

"Dispute Resolution in China: The Arbitration Option" (with Angela H. Davis), in Asia Law and Practice (ed.), China 2000: Emerging Investment, Funding and Advisory Opportunities for a New China (Hong Kong: Euromoney Publications (Jersey) Limited, 1999): 151-162

"China and the World Trade Organization," in Freshfields (ed.), Doing Business in China (Yonkers, N.Y.: Juris Publishing, 1999): I-11.1 to I-11.30

"Private Enforcement of Intellectual Property Rights in China," NBR Analysis, vol. 10, no. 2 (April 1999): 29-41; translated into Japanese as "Chiteki shoyûken no shiteki gyôshi" [alternate source]

Wrongs and Rights: A Human Rights Analysis of China's Revised Criminal Code (New York: Lawyers Committee for Human Rights, December 1998) [abstract]

"State Council Notice Nullifies Statutory Rights of Creditors," East Asian Executive Reports, vol. 19, no. 4 (April 15, 1997): 9-15

"Power and Politics in the Chinese Court System: The Execution of Civil Judgments," Columbia Journal of Asian Law, vol. 10, no. 1 (Spring 1996): 1-125

"The Creation of a Legal Structure for Market Institutions in China," in John McMillan & Barry Naughton (eds.), Reforming Asian Socialism: The Growth of Market Institutions (Ann Arbor: University of Michigan Press, 1996): 39-59

"The Execution of Civil Judgments in China," China Quarterly, no. 141 (March 1995): 65-81; translated into Japanese as "Chûgoku ni okeru minji hanketsu no kyôsei shikkô," in Hikota Koguchi (ed.), Chûgoku no Keizai Hatten to Hô (Tokyo: Waseda University Institute of Comparative Law, 1998): 343-367

"China's New Partnership Law" (with Nicholas Howson and Gangliang Qiao), The China Business Review, July-August 1997: 30-33

"Shanghai Measures on Land Use by FIEs: An Indication of Coming Changes in the National System?" (with Nicholas C. Howson), East Asian Executive Reports, vol. 18, no. 11 (November 15, 1996): 9-13

"Bill Jones: An Appreciation," Washington University Law Quarterly, vol. 74 (Fall 1996): 545-546

"One Step Back Permits Two Steps Forward," China Rights Forum, Fall 1996: 8-11

"Developing P.R.C. Property and Real Estate Law:  Revised Land Registration Rules" (with Nicholas C. Howson), East Asian Executive Reports, vol. 18, no. 4 (April 15, 1996): 9, 13-17

"Methodologies for Research in Chinese Law," University of British Columbia Law Review, vol. 30, no. 1 (1996): 201-209

"Antagonistic Contradictions: Criminal Law and Human Rights in China" (with James V. Feinerman), China Quarterly, no. 141 (March 1995): 135-154

"Justice and the Legal System," in Robert Benewick & Paul Wingrove (eds.), China in the 1990s (London: Macmillan, 1995): 83-93

"GATT Membership for China?," University of Puget Sound Law Review [succeeded by Seattle University Law Review], vol. 17, no. 3 (Spring 1994): 517-531

"Regulation and Its Discontents:  Understanding Economic Law in China," Stanford Journal of International Law, vol. 28, no. 2 (Spring 1992): 283-322

"Dispute Resolution in China," Journal of Chinese Law [succeeded by Columbia Journal of Asian Law], vol. 5, no. 2 (Fall 1991): 245-296

"What's Law Got to Do with It?  Legal Institutions and Economic Reform in China," UCLA Pacific Basin Law Journal, vol. 10, no. 1 (Fall 1991): 1-76

"Law, the State and Economic Reform in China," in Gordon White (ed.), The Chinese State in the Era of Economic Reform:  The Road to Crisis (London: Macmillan, 1991): 190-211

"Implementation of Central Policy and the Law in China," European Association for Chinese Law Information Bulletin (1991)

"Foreign Economic Laws and Bureaucracy in China," European Association for Chinese Law Information Bulletin, vol. 5, no. 4 (December 1989): 3-7

Review of Michael J. Moser (ed.), Foreign Trade, Investment, and the Law in the People's Republic of China (2nd ed. 1987), in Lloyd's Maritime and Commercial Law Quarterly, 1989, Part 1: 129-130 (February 1989)

Review of Frank K. Upham, Law and Social Change in Postwar Japan (1987), in Bulletin of the School of Oriental and African Studies, vol. 52, no. 2 (1989): 391-392

Contribution on the People's Republic of China for "Crime and Punishment" section of the Encyclopaedia Britannica (1989)

"Relief on the Way for Foreign Investors," South (June 1987): 32

Review of J. Oldham, ed., China's Legal Development (1986), in China Quarterly, no. 109 (March 1987): 122-123

"The Management Liability of Directors," Law in Japan, vol. 20 (1987): 150-172 (translation from Japanese of M. Kondô, "Torishimariyaku no keiei sekinin")

Review of D.T.C. Wang, Les sources du droit de la République populaire de Chine (1982), in China Quarterly, no. 108 (December 1986): 727-728

Review of M.D. Pendleton, Intellectual Property Law in the People's Republic of China (1986), in European Intellectual Property Review, vol. 8, no. 10 (October 1986): 323-324

Review of D. Solinger, Chinese Business Under Socialism: The Politics of Domestic Commerce, 1949-1980 (1984), in China Quarterly, no. 106 (June 1986): 348-350

Review of P. Gladwin & A. Hameed, Guide to the Patent Law of the People's Republic of China (1985), in European Intellectual Property Review, vol. 8, no. 5 (May 1986): 160

"China's New Rule of Law," Britain-China, no. 31 (Spring 1986): 11-14

"Political Power and Authority in Recent Chinese Literature," China Quarterly, no. 102 (June 1985): 234-252

"Concepts of Law in the Chinese Anti-Crime Campaign," Harvard Law Review, vol. 98, no. 8 (June 1985): 1890-1908

"Proposed Consent Agreement Between General Motors Corporation and Toyota Motor Corporation," Harvard International Law Journal, vol. 25, no. 2 (Spring 1984): 421-427