JANUARY - APRIL 2004

 

TABULAR SCHEDULE

 

Course Readings

All the  required readings for the course will be posted on the course page in full text at:

http://www.lfip.org/laws827/cm827.htm.  Please note that coverage of the material will follow this outline page, while on the course materials page the order may be slightly different as a result of different university starting dates, etc.  In case of questions, find the applicable material on the course page under an instructor’s units taught, but read it on the schedule set forth on this page.

 

 

 

 

Instructors

 

Prof. Mark Cammack, Southwestern Law School-Los Angeles (Islamic law & Indonesia/Malaysia)

 

Prof. Donald Clarke, Univ. of Washington (China)

 

Prof. David Linnan,

Univ. of South Carolina-Columbia (Indonesia & IFIs)

           

Dr. Penelope Nicholson, Univ. of Melbourne-Australia (Vietnam)

 

Prof. John Ohnesorge,

Univ. of Wisconsin-Madison (Korea & Industrial Policy)

           

Prof. Veronica Taylor,

Univ. of Washington (Japan, Korea, Asian Law)

 

Professor Jane K. Winn,

Univ. of Washington (Taiwan, Comparative Law)

 

University of Washington

University of Wisconsin- Madison

University of South Carolina

Semester Dates and Holidays

 

UW-Winter Quarter 2004

 

Jan 5 (Monday) instruction begins

 

Jan 19 (Monday) Martin Luther King holiday

 

Feb 16 (Monday) Presidents' Day holiday

 

March 12 (Friday) last day of classes

 

UW-Spring Quarter 2004

 

March 29 (Monday) instruction begins

 

[quarter ends in June]

 

 

UWisc-Spring Semester 2004

 

Jan 19 (Monday) Martin Luther King holiday

 

Jan 20 (Tuesday) classes begin

 

March 15 (Monday)-March 19 (Friday) spring break

 

April 28 (Wednesday) last day of classes

 

 

USC-Spring Semester 04

 

Jan 8 (Thursday, but Monday classes meet) instruction begins

 

Jan 19 (Monday) Martin Luther King holiday

 

March 8 (Monday)-March 12 (Friday) spring break

 

April 15 (Thursday) last day of classes

 

Mondays

 

UW-Seattle Mon 13:30-15:30

UWisc-Madison  Mon 15:30-17:30 Madison time

USC-Columbia  Mon 16:30-18:30 Columbia time

 

Course Sessions

 

 

 

 

 

Jan 5

Introductory sessions

Session 1:  Chinese Law Introduction (Donald Clarke)

 

Course Starts

 

No class

No class

Jan 8 (Thursday)

 

Introductory sessions:

Session 2: Asian and Comparative Law

(Veronica Taylor -David Linnan presents)

 

Coverage of issues about what are the differing approaches to comparative law (old and new), the traditional take on what it means to be a civil law versus common law country, current views of legal development generally, what exactly does it mean to talk about the rule of law, and issues about what may be special about Asian legal development.  Ends on potentially different views of the role of the state.

 

 

No class

 

UW students have covered this material in classes Sep-Dec 03; they may review the material on the course website

No class

Course Starts

Jan 12

 

Introductory Sessions:

Session 3:  Chinese Corporate Governance (Donald Clarke)

 

Chinese corporate governance is presented here without the general pattern of introduction to a country legal system because we want to use it for "compare and contrast" purposes in the specific area of state-owned enterprises.  We think China allows a quick contrast with Vietnam on the Socialist side, but also with Indonesian views of SOEs to the extent it is more possible to talk about corporate governance, etc. (since Vietnam still does not really have functioning capital markets).  Since SOEs traditionally are the state on the economic side, beyond employment, etc. their treatment raises a variety of key questions in any supposed transition to a market-oriented economy.  Prof Clarke may touch on the Socialist comparison to Vietnam and perhaps the more general role of the development state re China.

This session can usefully be (re)viewed via the website at the end of the course as well.

 

 

No class

 

Jan 26 (Monday)

UW, UWisc & USC meet together (and hereafter unless otherwise specified)

 

Asian and Comparative law:

Session 4 - David Linnan

 

This session covers traditional Western views of the state and their expression in legal doctrine, meaning in practical terms an introduction to continental public law doctrine (basically, traditional views of the Rechtstaat and their expression in continental administrative law first, and only much later in constitutions) plus probably British rule of law ideas (which are not the same as US constitutional ideas, but both of which lack the special tribunals administrative law emphasis of continental law).  This session uses German law as the background for the Continental material, since countries like Korea employed it as a formal model.  The point is to give background in terms of how assumptions may differ at the source end of legal borrowings.  The session briefly covers "governance" as used by the IFIs, and stops at the point of looking at how differing public law approaches from differing backgrounds get mixed and incorporate mixed pictures about other social institutions' roles (for example, donors pushing freedom of information law rely on views of the media's role in society and may be inconsistent with traditional approaches in continental public law).  The session ends on issues about "soft" authoritarianism and Asian views of questions whether you can have economic and legal development without corresponding political development.

 

 

Course starts

 

Feb 2 (Monday)

 

COUNTRY SESSIONS

Session 5  -   Korea

John Ohnesorge

 

This session introduces Korean law/the Korean legal system in a traditional, straightforward manner to provide students with a general country road map plus enough legal sociology to understand that the legal professions are structured differently and that litigation to settle all disputes is not the model everywhere, etc.  It may cover imported law history with German law as a model for modernization. Here the key idea is that we are really looking at Korea as a model of the administered state for economic development purposes.  With all its faults, with reasonable per capita GDP and OECD status, Korea is viewed by many people as a model of ‘successful’ legal modernization followed later by political change.

 

 

 

 

Feb 9 (Monday)

 

Sessions 6 & 7  -  Korea

John Ohnesorge

 

In these two sessions we would like to look at Korea and Korean law as model of the administered state for economic development purposes.  We think this involves looking at administrative law/public law in the context of industrial policy and the export-oriented development model, but we do not want to get too deep into comparative economics at this stage.  There is also the basic issue of the chaebol existing as a result of industrial policy. Corporate governance concerns arise also indirectly affecting things like capital markets/company law as a result of prior decisions.

 

 

 

Feb 16 (Monday) UWisc & USC

 

Sessions 6 & 7  -  Korea

John Ohnesorge

 

Continuation of session above

(UW students may watch streaming video afterwards)

 

UW no class; Presidents' Day

 

 

Feb 23 (Monday)

 

Session 8  -  Korea & Japan

Veronica Taylor

 

This session is essentially planned as a transition, covering some public law at the constitutional level in Korea and Japan, including the operation of the Korean constitutional court. We look at the Japanese constitution, in part to demonstrate that after the US occupation, despite Japan originally having patterned its development on German law, it is fully mixed in a public law sense. Important recent illustrations of constitutional issues in both countries are covered.

 

 

 

 

March 1 (Monday)

 

Session 9  -  Indonesia

David Linnan

 

This session introduces Indonesian law/the Indonesian legal system in a traditional, straightforward manner to provide students with a general country road map plus enough legal sociology so that students understand that legal pluralism is a defining characteristic of Indonesia; the ideology that law should incorporate particularly Indonesian aspects; and that Indonesia is now a mixed civil & common law system, etc.

 

 

 

 

March 8 (Monday) UW & UWisc

 

Session 10  -  Indonesia

David Linnan (plus John Ohnesorge and/or Chuck Irish)

 

This session looks at Indonesia as a case study, since here is where we would like to look at legal development plus IFI legal development implementing the Washington consensus (conditionality). We explain the Washington consensus as driver of legal development incorporating hidden ideas about the role of the state in a market economy The reason for presenting the source of the legal advice is that it should segue into a discussion of areas like legal issues surrounding privatization, capital and banking markets, and legal development generally.  We may discuss banking in the context of insolvency (with a note about property as problematic concept, as under adat law as part of legal pluralism), and then maybe SOEs versus private (mostly family-controlled) companies in the capital markets context – the ethnic Chinese story too.

 

 

 

 

USC no class

March 15 (Monday) USC

 

David Linnan repeats Session 10 for USC

 

No class

Course Ends for UW

 

 

March 22 (Monday) UWisc & USC

 

Session 11  -   Vietnam

Pip Nicholson

 

(See Prof Nicholson’s first streaming talk on Vietnamese law at http://www.lfip.org/laws827/stream.htm#outsideclass

 

We would like to use Vietnam as a model of the peculiar problem of traditional Socialist states in Asia (Vietnam, China and possibly North Korea) and how they adapt to legal development. Although in theory a story about potentially antagonistic political and legal systems, to the extent party control is seemingly inconsistent with traditional ideas about the rule of law, both China and Vietnam have embraced economic ideals not unlike the rest of Asia since 1990.  We introduce key concepts in Socialist legality here and the formative legal influences in Vietnam, namely civil law jurisdiction as a French colony, then borrowing heavily from the former Soviet Union. Now however the Vietnamese are trying to change their law for economic development purposes (raising the problem of what is the role of the state if they start to tend towards market-oriented development, alongside the role of the Party as leadership of the State).  The other influence claimed to exist by at least some Vietnamese scholars is Confucianism.

 

No class

 

 

March 29 (Monday) UWisc & USC

 

Sessions 12  & 13  -   Indonesia/Malaysia & Islamic law

Mark Cammack

 

These sessions introduce the concept of Islamic law, including non-western Islamic ideas of the state as a foil to Western ideas presented in the earlier Session 2.

 

This session focuses on a specific treatment of Islamic law in the Southeast Asian context, looking at how a theoretically officially Islamic state and a secular state try accommodate Islamic law.  We look in particular at Islamic family law in terms of legal pluralism and non-Washington consensus economic ideas.

 

 

 

 

 

April 5 (Monday) UWisc  & USC

 

Sessions 12 & 13

Indonesia/Malaysia & Islamic law

Mark Cammack

 

 

 

 

April 12 (Monday) UWisc & USC

 

 

Session 14

Wrap-Up/Instructor Roundtable

Veronica Taylor, John Ohnesorge, David Linnan, Mark Cammack and Donald  Clarke

 

Here we reprise the questions raised in Sessions 1 & 2, plus additional questions that might have come up in conjunction with Islamic and changing Socialist ideas of the State.  What do the individual country studies tell us about economics, legal borrowing and change, the rule of law, governance plus differing views of the state? 

 

Course Ends for UW-Madison

Course ends for USC

 

 

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