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Imperial China’s Border Control Law
Full text linkThe passage of persons, things, and even ideas across China’s land and sea boundaries was subject to a comprehensive network of rules promulgated by the Qing state (1644-1911) and its predecessors. This intricate regulatory system was of functional importance in the management of China’s relations with foreign countries, and it offers rich food for comparative thinking about the evolution of rules for interstate conduct. Yet this normative system has largely escaped study, in part because law was never highly regarded by the official chroniclers of Chinese history and in part because the rules themselves are widely scattered throughout the numerous compendia of laws and regulations. This article will introduce and examine the border control regulations and procedures of the Qing Dynasty. Selected cases will be used to illustrate the dynamic process of interstate lawmaking in China’s relations with some of its East Asian neighbors in the later imperial era
Letter from Barbara Aronstein Black, Dean of the Faculty of Law, Columbia University
No full textLetter from Barbara Aronstein Black, Dean of the Faculty of Law, Columbia Universit
Patent Protection under Chinese Law
Full text linkWhen the People’s Republic of China promulgated its Patent Law on March 12, 1984, it announced to other nations its willingness to accept and protect the notion of intellectual property. At the same time, China expressed its hope that a fully developed patent system would enable it to acquire technology from the rest of the world to enhance its modernization efforts. Prior to enacting a patent law, China had taken preliminary steps to protect intellectual property by joining the World Intellectual Property Organization in March, 1983 and by signing the Paris Convention for the Protection of Industrial Property in December, 1984. The Patent Law itself took effect on April 1, 19852 and the first patents were granted at a meeting of the Chinese Patent Bureau on December 28, 1985.3 Although the Patent Bureau had received thousands of applications, it only granted 143 patents at that time
The Death Penalty and Legal Reform in the PRC
Full text linkThe comprehensive reform of China’s criminal law constitutes a key component of the Chinese Communist Party’s plan for legal development. Since 1979, lawmakers in China have defined criminal acts and sanctions with increasing sophistication to prevent arbitrariness in arrest and prosecution. The Chinese also have codified criminal procedures to enhance predictability and provide some protection for the accused, and have increased the number of criminal courts, lawyers, and judges to handle this new reliance on an organized criminal justice system
Schoenberg's "George-Lieder:" The Relationship between Text and Music in Light of Some Expressionist Tendencies
No full textKevi
Solving the Orphan Works Problem for the United States
Full text linkOver the last decade, the problem of orphan works—i.e., copyrighted works whose owners cannot be located by a reasonably diligent search—has come sharply into focus as libraries, archives and other large repositories of copyrighted works have sought to digitize and make available their collections online. Combined with new technology that has changed the way that copyrighted works are created and the way that consumers expect to access and use copyrighted works, the orphan works problem has grown into a significant and, as former Register of Copyrights Marybeth Peters observed, a “pervasive” problem. Although this problem is certainly not limited to digital libraries, it has proven especially challenging for these organizations because they hold diverse collections that include millions of books, articles, letters, photographs, home movies, films and other types of works. Many items come with a complex, unknown and often unknowable history of copyright ownership. Because U.S. copyright law provides for both strong injunctive relief and monetary damages (in the form of statutory damages of up to $150,000 per work infringed), organizations that cannot obtain permission often do not make their collections available at all. Large projects, such as Google Book Search and the HathiTrust digital library, which aim in part to address orphan works on a larger scale, have been drawn into litigation