New book: Jianlin Chen on The Law and Religious Market Theory (CUP)

The Law and Religious Market Theory: China, Taiwan and Hong Kong
Jianlin Chen
Cambridge University Press
September 2017

Description: With comparative case studies from China, Taiwan and Hong Kong, Jianlin Chen's new work offers a fresh, descriptive and normative perspective on law and religion. This presentation of the original Law and Religious Market Theory employs an interdisciplinary approach that sheds light on this subject for scholars in legal and sociological disciplines. It sets out the precise nature of religious competition envisaged by the current legal regimes in the three jurisdictions and analyses how certain restrictions on religious practices may facilitate normatively desirable market dynamics. This updated and invaluable resource provides a new and insightful investigation into this fascinating area of law and religion in Greater China today.

RGC Awards $8.5 Million in Research Grant Funding to HKU Faculty of Law

The Faculty of Law has performed exceptionally well in the 2017-2018 round of research grants awarded by the Research Grants Council (RGC).  The RGC awarded more than HK$8.46 million in funding to 10 General Research Fund (GRF) projects and 3 Early Career Scheme (ECS) projects. This is more than double the amount awarded for the 2016-2017 year.  The success rate for this year was 71% (GRF) and 100% (ECS) respectively.  The projects tackle important issues in constitutional law, trust law, human rights law, legal education, legal history and theory, and land law.  Some are inter-disciplinary.  The largest grant of more than $1 million went to Professor Hualing Fu for his project on police power in transition societies including China.  Congratulations to the following 13 colleagues:

• Po Jen Yap, Courts and Democracies in Asia, $736,600, GRF, 36 months
• Hualing Fu, Police Power in Transition Societies: China in Comparative Perspectives, $1,058,488, GRF, 36 months
• Rebecca Lee (Co-I: Lusina Ho), The Modern International Trust Under Siege: Legislature, Judiciary, and Theoretical Implications, $361,675, GRF, 24 months
• David Law, The Language and Ideology of Constitutions: A Computational Linguistics Analysis, $784,538, GRF, 36 months
• Lusina Ho (Co-I: Rebecca Lee), Developing Compensatory Remedies for Breaches of Trust and Fiduciary Duties, $512,198, GRF, 24 months
• Eric Ip, The Constitutional Foundations of Free Markets: Economic Provisions of the Hong Kong Basic Law in Comparative Perspective, $892,484, GRF, 36 months
• Kelley Loper, International human rights law and refugee protection in Asian states not party to the 1951 Convention Relating to the Status of Refugees, $563,640, GRF, 24 months
• Jianlin Chen, Law, State and Emerging Natural Resources: Theoretical Perspective and Case Study of Climate Resource Management in China, $570,000, GRF, 36 months
• Richard Wu, An Empirical and Comparative Study of Law Students’ Perceptions of Their Values in Four Fastest-Growing Asian Countries: China, India, Thailand and Philippines, $844,880, GRF, 36 months
• Michael Ng, Freedom of Expression, Media Censorship and the Rule of Law in British Hong Kong (1850s-1980s), GRF, 36 months
• Daisy Cheung, Finding the Right Balance: Constructing a Theoretical Approach for the Assessment of Guardianship Systems for the Mentally Incapacitated in East Asia, ECS, $446,560, 36 months
• Dan Matthews, The Aesthetics of Sovereignty in the Age of the Anthropocene, $289,032, ECS, 24 months
• Shitong Qiao, National Laws and Local Land Reforms: The Spectrum of Legality, $555,400, ECS, 36 months.

Fourth Legal Scholarship Workshop @ HKU (LSW@HKU) (Report)

The Fourth Legal Scholarship Workshop @ HKU (4th LSW@HKU) was held at the Faculty of Law on 1-2 June 2017. Eight current PhD candidates from Yale University, University of Chicago, Cambridge University, Queens Mary University of London, Victoria University of Wellington, National University of Singapore, University of Cape Town and HKU presented papers on a wide range of legal topics including private regulatory responses to maritime piracy; how non-state actors may unilaterally create international law obligations; empirical testing on how arbitrators’ reputation shaped their decisions; field work on gender and judicial appointments in Africa; international law responses to domestic rape; law reform to tackle novel technologies; critical analysis of communitarianism as a jurisprudential basis for constitutional order; and, clashing sovereigns in law and religion. 

   The presenters, together with our students and invited participants from Yale University, Tsinghua University and Chinese University of Hong Kong, engaged in intensive, vibrant and earnest discussion on both the substance of the presented papers and stylistic aspect of the presentation. They also benefited tremendously from the keynote session by Professor Lusina Ho and Professor John Lowry who shared their vast experiences and insights on the academic hiring process. 

     The workshop was organized and conducted by Dr Chen Jianlin.

Jianlin Chen on Optimal Property Rights for Emerging Natural Resources (UMJ Law Reform)

"Optimal Property Rights for Emerging Natural Resources: A Case Study on Owning Atmospheric Moisture"

Jianlin Chen

University of Michigan Journal of Law Reform

Fall 2016, Vol. 50, No. 1, pp 47-105

Abstract: This Article critically examines the design of property rights for emerging natural resources—naturally occurring substances that humans have only recently come to be able to exploit viably—through a case study of how the fifty states allocate ownership in, and regulate the use of, atmospheric moisture, an issue that has emerged in the context of weather modification (particularly cloud seeding). Building on the surprising finding that legislative declarations of state ownership have not resulted in greater regulatory control or other substantial restrictions on private use, this Article highlights a dimension of property rights design that has yet to receive concerted scholarly attention: the relative ease of future transitions— transitions both in ownership and in control mechanisms. This Article explains how state property facilitates easier and more holistic transitions and argues that state property can be an optimal allocation of emerging natural resources, because uncertainty surrounding the viability of present uses of the resource suggests that property rights arrangements may need to be changed in the foreseeable future. More broadly, the case study reveals how state property—properly stripped of its undeserved associations with socialism—still has an important role to play in property rights literature.  Click here to download the full article.

Comment on Wong Chak Sin v Collector of Stamp Revenue - Legislation by Press Release (HKLJ)

"Misfiring the First Judicial Shot at Legislation by Press Release: Wong Chak Sin v Collector of Stamp Revenue"

Chen Jianlin
Hong Kong Law Journal
Dec 2016, Vol 46, Part 3, pp 813-827

Abstract: This analysis critically examines Wong Chak Sin v Collector of Stamp Revenue, the first-ever local judicial decision, dealing with “legislation by press release”. The analysis highlights how both the judge and lawyers in the case failed to appreciate the distinct operating mechanism and practical effects of legislation by press release, and argues that the decision’s holding that the government power to tax is exempted from the requirement of proportionality under Art 105 of the Basic Law is a far-reaching extension of existing judicial precedents that should have been subjected to more circumspect scrutiny.

Call for Papers: 4th Legal Scholarship Workshop @ HKU (1-2 June 2017)

Call for Papers

4th Legal Scholarship Workshop @ HKU (LSW@HKU)

June 1 & 2, 2017, University of Hong Kong

OVERVIEW: The 4th Legal Scholarship Workshop @ HKU (LSW@HKU) offers a unique forum for current doctoral candidates in law to present their work in a focused workshop setting that aims to approach legal scholarship holistically. In addition to the traditional emphasis on the paper’s content and argument, the LSW@HKU is also oriented towards academic training in preparation for the academic job market. Thus, presenters will receive both substantive comments on the paper and stylistic feedback on the presentation, and along the way educate ourselves about what makes a successful paper topic, paper, and presentation. 

     FORMAT: The two-day workshop will host a total of not more than 8 presenters. Each presenter will be allocated an exclusive 90-minute session (i.e., no panel format and no concurrent sessions) for presentation, substantive Q&A and stylistic feedback. Each presenter can expect an earnest discussion on both substance and style from the workshop participants. The workshop participants will primarily include students from the University of Hong Kong led by the hosting faculty member, invited faculty members whose expertise coincide with the presented paper, and invited research postgraduate students from other institutions. 

     The workshop will include papers from all areas of law, with no restrictions on jurisdiction and methodology. There is no strict limitation on paper length, though papers whose format and length are meant for either an one-hour workshop discussion or an one-hour job talk presentation are preferred. 

     Presenters and participants must commit to attend the entire Workshop, including reading the presented papers of all presenters prior to the session.

     QUALIFICATIONS: current postgraduate students enrolled in a doctoral program in law (e.g., PhD or JSD, but excluding JD) in any law school around the world. Recently graduated doctoral candidates who have not obtained a tenure-track academic position may also apply.

     FINANCIAL SUPPORT: There is no conference registration fees. In addition, the University of Hong Kong Faculty of Law will provide each presenter with travel reimbursement of up to HK$9000 (approx USD 1125) for return economy airfare from either the presenter’s academic institution or home country, and accommodation reimbursement of up to HK$3000 (approx USD 375) for three night stay in Hong Kong.

     PAPER SUBMISSION PROCEDURE: To apply, send a paper or abstract, together with a CV and a cover letter stating the intended format/purpose of the paper to Jianlin Chen (jianlin@hku.hk) by March 3, 2017. Decisions will be made and communicated to applicants no later than March 17, 2017. The finalized paper to be presented is due by May 15, 2016 for distribution before the workshop. 

     PARTICIPANTS APPLICATION PROCEDURE: Postgraduate students may also apply to join the workshop as invited participants (i.e., no paper presentation). There is no conference registration fees for invited participants. Constraints of financial resources prevent travel reimbursement for invited participants, but meals and tea will be provided for all invited participants. This option is particularly suitable for postgraduate students who have just started their program and/or who happens to be in the vicinity of Hong Kong at the time of the workshop. To apply, send a CV and a cover letter stating the intended purpose of participation to Jianlin Chen (jianlin@hku.hk) by March 3, 2017. Decisions will be made and communicated to applicants no later than March 17, 2017. Applicants who are applying for paper presentation may simply include in their cover letter whether they would be interested to be considered as invited participants, which would be independently considered without any prejudice or preference in relation to the selection of presenters.

Third Legal Scholarship Workshop @ HKU (LSW@HKU) (Report)

The Third Legal Scholarship Workshop @ HKU was held at the Faculty of Law on 26-27 May 2016. Eight current or recently graduated PhD candidates from Stanford University, University of Michigan, Oxford University, University College London, National University of Singapore, Peking University, University of British Columbia and HKU presented papers on a wide range of legal topics including comparative corporate governance, regulation of Chinese shadow banking, socio-legal studies of foreign lawyers in Myanmar, role of “social license to operate” in mining law, alternative legal resolution of territorial dispute over the Diaoyu/Senkaku islands, legal status of Air Defense Identification Zone, developments of common law constitutional rights, and legal theory of authoritative agency in constitution-making.

    The presenters, together with our students and invited participants from Queen Mary University of London, University of Wisconsin and Chinese University of Hong Kong, engaged in intensive, vibrant and earnest discussion on both the substance of the presented papers and stylistic aspect of the presentation. They also benefited tremendously from the keynote session by Professor Johannes Chan and Professor Hualing Fu who shared their vast experiences and insights on the academic hiring process. 

      The workshop is organized and conducted by Dr Chen Jianlin, with ample assistance from Dr Qiao Shitong (who incidentally was one of the presenters of the inaugural LSW@HKU in 2013).

HKU Teaching Excellence Awards 2015 - Law Faculty Wins Three Awards

Congratulations to Rick Glofcheski, Katherine Lynch and Marco Wan for winning University level teaching awards for 2015.  Here is an excerpt from the President, Professor Peter Mathieson's announcement:

"The Selection Panel was deeply impressed with the awardees’ dedication to teaching, their tireless and creative efforts to make learning enjoyable and challenging, and the impact that they have made on their students’ learning. Because of the eminent achievements of two candidates for the University Distinguished Teaching Award, the Panel decided unanimously to honour both of them. 

University Distinguished Teaching Award
Professor Joseph C.W. Chan, Department of Politics and Public Administration, Faculty of Social Sciences
Professor Rick A. Glofcheski, Department of Law, Faculty of Law [**Watch the video below demonstrating how Prof Glofcheski he has used the 'flipped classroom' method to advance teaching and learning at HKU. Click here to see and read more.]

Outstanding Teaching Award
Dr. Chun-kit Chui, Department of Computer Science, Faculty of Engineering
Ms. Katherine L. Lynch, Department of Law, Faculty of Law
Dr. Julian A. Tanner, School of Biomedical Sciences, Faculty of Medicine
Miss Nicole J. Tavares, Faculty of Education
Dr. Marco M.H. Wan, Department of Law, Faculty of Law 

Teaching Innovation Award
Dr. Michael G. Botelho, Faculty of Dentistry

The awardees will be honoured at a presentation ceremony on Monday May 9, 2016. Please do join us for that if you can. Their names will be posted on the Teaching Excellence Awards Honour Board."

At the Faculty level earlier this year, the following three colleagues were awarded Faculty of Law Outstanding Teaching Awards by the Dean in February 2016:

1. Dora Chan, Principal Lecturer, Department of Law

Dora is an exemplary teacher. She has helped junior-year students overcome the daunting task of acquiring legal skills that are crucial to their future success as a lawyer, designed a postgraduate JD course that suits the needs of the students, and taken up the shepherding role of Deputy Head (Student Affairs) in the Department of Law. 

2. Chen Jianlin, Assistant Professor, Department of Law

Jianlin is a dedicated, enthusiastic and gifted teacher. He has designed new courses and used innovative teaching methodology in his teaching. He has also taken the initiative to organize seminars and workshops to promote research and presentation skills among undergraduate and postgraduate students.

3. Nigel Davis, Principal Lecturer, Department of Professional Legal Education

Nigel is one of the e-learning pioneers in the Department of Professional Legal Education. As a member of two e-learning committees, he has reviewed and promoted e-learning initiatives including MOOCs. He has also designed and implemented a new elective for the Postgraduate Certificate in Laws.

Call for Papers: Legal Scholarship Workshop @ HKU (26-27 May 2016 for Doctoral Candidates)

Call for Papers

Legal Scholarship Workshop @ HKU (LSW@HKU)

May 26 & 27, 2016, University of Hong Kong

OVERVIEW: The Legal Scholarship Workshop @ HKU (LSW@HKU) offers a unique forum for current doctoral candidates in law to present their work in a focused workshop setting that aims to approach legal scholarship holistically. In addition to the traditional emphasis on the paper’s content and argument, the LSW@HKU is also oriented towards academic training in preparation for the academic job market. Thus, presenters will receive both substantive comments on the paper and stylistic feedback on the presentation, and along the way educate ourselves about what makes a successful paper topic, paper, and presentation. 

FORMAT: The two-day workshop will host a total of not more than 8 presenters. Each presenter will be allocated an exclusive 90-minute session (i.e., no panel format and no concurrent sessions) for presentation, substantive Q&A and stylistic feedback. Each presenter can expect an earnest discussion on both substance and style from the workshop participants. The workshop participants will primarily include research postgraduate students from the University of Hong Kong led by the hosting faculty member, invited faculty members whose expertise coincide with the presented paper, and invited research postgraduate students from other institutions. 

     The workshop will include papers from all areas of law, with no restrictions on jurisdiction and methodology. There is no strict limitation on paper length, though papers whose format and length are meant for either an one-hour workshop discussion or an one-hour job talk presentation are preferred. 

     Presenters and participants must commit to attend the entire Workshop, including reading the presented papers of all presenters prior to the session.

QUALIFICATIONS: current postgraduate students enrolled in a doctoral program in law (e.g., PhD or JSD, but excluding JD) in any law school around the world. Recently graduated doctoral candidates who has not obtained a tenure-track academic position may also apply.

FINANCIAL SUPPORT: There is no conference registration fees. In addition, the University of Hong Kong Faculty of Law will provide each presenter with travel reimbursement of up to HK$8000 (approx USD 1000) for return economy airfare from either the presenter’s academic institution or home country, and accommodation reimbursement of up to HK$3000 (approx USD 375) for three night stay in Hong Kong.

PAPER SUBMISSION PROCEDURE: To apply, send a paper or abstract, together with a CV and a cover letter stating the intended format/purpose of the paper to Jianlin Chen (jianlin@hku.hk) by 6 March 2016. Decisions will be made and communicated to applicants no later than 20 March 2016. The finalized paper to be presented is due by 8 May 2016 for distribution two weeks before the workshop. 

PARTICIPANTS APPLICATION PROCEDURE: Postgraduate students may also apply to join the workshop as invited participants (i.e., no paper presentation). There is no conference registration fees for invited participants. Constraints of financial resources prevent travel reimbursement for invited participants, but meals and tea will be provided for all invited participants. This option is particularly suitable for postgraduate students who have just started their program and/or who happens to be in the vicinity of Hong Kong at the time of the workshop. To apply, send a CV and a cover letter stating the intended purpose of participation to Jianlin Chen (jianlin@hku.hk) by Mar. 6, 2016. Decisions will be made and communicated to applicants no later than Mar. 20, 2016. Applicants who are applying for paper presentation may simply include in their cover letter whether they would be interested to be considered as invited participants, which would be independently considered without any prejudice or preference in relation to the selection of presenters.

Jianlin Chen's Critical Study of Legislation by Press Release

"The Yet-to-Be Effective But Effective Tax: Hong Kong's Buyer's Stamp Duty as a Critical Case Study of Legislation by Press Release"

Jianlin Chen

University of Pennsylvania East Asia Law Review

2015, Vol. 10, n. 1, pp 1-64

Abstract: When a government announces that an existing law will be amended and that the amendment, when finally enacted by the legislature, will be made effective from the announcement date, it is natural and inevitable that private entities will conduct their activities on the basis of the amended law immediately upon the announcement date, notwithstanding the announcement’s lack of any formal legal effect. This practice of effecting immediate de facto legal changes is known derisively, but perhaps aptly, as “legislation by press release.” This article utilizes the recent use of legislation by press release to implement the Buyer’s Stamp Duty in Hong Kong as a case study to critically examine the legality and normative considerations of this increasingly common but under-theorized practice. Legally, this Article argues that the prospective notice provided by the initial announcement ensures the practice’s legality in all but an explicit prohibition of retrospective civil legislation. Normatively, this Article highlights the various criteria of clarity, consistency, necessity and political dynamic that affect the desirability of the practice. On a broader note, the formal retrospectivity inherent in the practice - but which does not disrupt the reliance interests of private entities - provides a useful reexamination of the conventional aversion towards retrospective laws.  Click here to access the full article.

Congratulations to Dr Jianlin Chen and Dr Shitong Qiao (New JSD holders)

Congratulations to Dr Jianlin Chen and Dr Shitong Qiao who were recently awarded their doctorates in law.

Dr Jianlin Chen obtained his JSD from the University of Chicago (Faculty of Law) for his thesis entitled "Law & Religious Market: Theoretical Perspective and Case Study Application of China".  His supervisors were Professors Tom Ginsburg and Lisa Bernstein.  Parts of his dissertation have been published in the Asian Journal of Comparative Law, Oxford Journal of Law and Religion and Journal of Law, Religion and State.  Details can be found on Dr Chen's SSRN page.  His thesis abstract reads as follows:

This J.S.D. dissertation presents Law & Religious Market as an alternative critical perspective to examine the normative considerations that are associated with laws/policies affecting religion. The current legal discourse on religious liberty posits the proper role of the law and other state instruments in relation to religious matters as a neutral arbitrator that avoids making normative claims as to the merits or shortcomings of any particular religion. Drawing from sociological research on religions, the foundational premise of Law & Religious Market perspective is the recognition that the impact of law (and other state instruments) on religion extends beyond circumstances where there are conscious and/or explicit support/suppression of particular religions or religion in general. Law continues to exert a far-reaching influence on prevailing religions and religious practices within jurisdictions through shaping the permissible competitive interaction between religions and the consequent effects on the identities and characteristics of the religions that emerge victorious over their religious rivals. Thus, Law & Religious Market perspective argues that legal discourse cannot hide behind a veil of religious neutrality and must confront the conversation regarding what sort of religious competition – and the consequent winner in the religious market – should be fostered by the state.

      This dissertation also utilizes the case study of China to highlight the factual and normative contributions that can be derived from the perspective. Factually, the case study lay out the precise nature of religious competition as envisaged by the current legal regime in China beyond the typical mere identification of how religious practices are restricted in China in the current literature. Normatively, the case study argues that although the current legal regime is excessively involved in heavy-handed interventions driven by compulsive concerns for political control, the conscious differentiation of religions based on their practical impact on society – not their theological content – is the necessary and appropriate inquiry that should be preserved in any actual reform. In addition, the case study argues that even if a religious free market is the normative goal of reform, several of the current restrictions on religious activities are useful for moderating religious competition during the transition from the relatively infant religious market of China.

Dr Shitong Qiao obtained his JSD from the Yale Law School; the members of his thesis panel included Professors Robert Ellickson (Chair), Susan Rose-Ackerman (reader) and Paul Gewirtz (reader).  The thesis "Chinese Small Property: The Co-Evolution of Law and Social Norms" has been partly published (or accepted for publication) in the American Journal of Comparative Law, Canadian Journal of Law and Society and a chapter of Law and Economics of Possession (Chang ed, CUP 2015).  See Dr Qiao's SSRN page.  Thesis abstract: 

This research investigates a market of informal real estate in China, referenced by the term “small property” (xiaochanquan), as their property rights are smaller/weaker than the big/formal property rights. In particular, I examine the formation and operation of this market, and how it interacts with the legal system and eventually leads to changes in the Chinese property law system. This case study endeavors to explore the co-evolution of property law and norms in the Chinese market transition. First, it finds that property norms changed more swiftly than property law and served as imperfect institutional infrastructure for a market economy at the beginning of the Chinese market transition. Second, it discloses a more dynamic interaction between law and social norms. In particular, it explores how a layered and fragmented legal system leaves room for the growth of property norms, and how the ad hoc legal responses to the deviating property norms lead to changes in both the property norms and property law itself. Overall it presents a story about the evolution of property rights with consideration of political, economic and communal factors combined, as opposed to the existing case studies that focus on only one of the above three aspects. At the methodology level, this research endeavors to combine on-the-ground observations with insights from social sciences, in particular, law and economics.

New Issue: SSRN Legal Studies Research Paper Series (HKU Law)

Vol. 5, No. 4, 18 May 2015

1. The Yet-to-Be Effective But Effective Tax: Hong Kong's Buyer's Stamp Duty as a Critical Case Study of Legislation by Press Release
Jianlin Chen, University of Hong Kong - Faculty of Law, University of Chicago - Law School

2. Institutional Fragmentation and the Ontological 'Ethos' of International Law as a Legal System in a World Society
Anlei Zuo, The University of Hong Kong, Faculty of Law, Students

3. Refugees’ Right to Work in Hong Kong – Or Lack Thereof: GA v Director of Immigration
Kar Yan Kong, The University of Hong Kong - Faculty of Law

4. Hong Kong's Umbrella Movement: Beijing's Broken Promises
Michael C. Davis, The University of Hong Kong - Faculty of Law

5. Human Rights Lawyering in Chinese Courtrooms
Fu Hualing, The University of Hong Kong - Faculty of Law

$1.1M in New Small Project Research Funding

Congratulations to the Faculty members who were awarded HKU Small Project Research Grants up to $80,000 each. The projects cover a wide range of topics and are listed as follows (in no particular order):

1. Competition Law Enforcement against Abuses of Market Power in Hong Kong (36 months), Kelvin Kwok

2. Fiduciary Obligations: Justifying and Limiting Loyalty (24 months), Rebecca Lee

3. Reforming Anti-Dilution Law in China (24 months), Haochen Sun

4. Path Dependence and Interconnected Institutions: Implications for Legal Transplantation (24 months), Guanghua Yu

5. Implications of the New Round of Legal and Market Reform in China (30 months), Xian Chu Zhang

6. Eastern Values in International Arbitration: An Initial Exploration (36 months), Shahla Ali

7. Exercise of Legislative Power by the Executive (36 months), Jianlin Chen

8. A Comparative Legal Study on Tackling Cyberbullying and Protecting Children's Rights (24 months), Anne Cheung

9. Financial Planning for Mental Incapacity: A Tale of Two Confucian Cities (24 months), Lusina Ho

10. Survey of Public Opinion Toward Lesbian, Gay, Bisexual and Transgender People in Hong Kong (24 months), Kelley Loper

11. Minority Shareholder Remedes in Hong Kong: Evolving Dispute Resolution Approaches (24 months), Katherine Lynch

12. The Interrelation between Case Law and Legislation in Aspects of Commercial Law (36 months), Ji Lian Yap

13. A statistical study of Constitutional and Administrative Law judgments from 1997 - 2012 (24 months), Antonio Da Roza

14. The Tightening of Transparency Requirements in the International Tax Regime and its Impact on Mainland China and Hong Kong (15 months), Doreen Qiu

15. Freedom of information and privacy protection in China: resolving conflicts and promoting accountability (18 months), Clement Chen

16. The Delicate Art of Med-Arb and Its Future Institutionalisation in China (18 months), Weixia Gu.

New Article: Deconstructing the Religious Free Market

"Deconstructing the Religious Free Market"

Journal of Law, Religion and State

December 2014, Vol. 3, Issue 1, pp. 1-24

Jianlin Chen

Abstract: Scholars have frequently alluded to the normative value of the religious free market fostered by the twin legal guarantees of the free exercise of religion and the absence of state establishment of religion. But given that the desirable normative interpretations of these two clauses differ widely, the nature of the resulting market is inevitably dependent on one’s choice of these contested interpretations. Similarly, the “entitlement to free competition” depends on the definition of “religion.” The present article deconstructs the religious free market into its legal components and discusses critically how the different interpretations and combinations of these legal components materially affect the resulting religious market.  Click here to download the article.

HKU hosts China Law Doctoral Forum

The first China Law Doctoral Forum organized by the Faculty of Law, HKU and the Asian Law Centre at the Melbourne Law School was held at HKU on 23-24 October 2014. Fifteen PhD students from HKU, Melbourne Law School, Peking University, China University of Political Science and Law, Dalian Maritime University, Chinese Academy of Social Sciences and Shanghai Jiao Tong University presented papers on a wide range of Chinese law related topics including grassroots courts in Guangdong Province, supervision of judicial power, enforcing corporate social responsibility, emissions trading pilot programmes, social movements and social transition, administrative litigation law, administrative accountability system, right to life, charity law reform, seamen's lien for wages, emergency powers law, witnesses' involvement in trial statements, and enforceability of choice of law clauses.

Critical feedback was provided by the graduate students and academic members who attended. The main organizers of the event from HKU were Professors Michael Tilbury and Fu Hualing and Mr Chen Jianlin; and, from Melbourne, Professors Sarah Biddulph and Pip Nicholson.

New Issue of Faculty SSRN Legal Studies Research Paper Series

Vol. 4, No. 6: Sept 22, 2014

Table of Contents Developing and Implementing AML/CFT Measures Using a Risk-Based Approach for New Payments Products and Services Louise Malady, University of New South Wales (UNSW) - Faculty of Law Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law Douglas W. Arner, University of Hong Kong - Faculty of Law Property Rights Arrangement in Emerging Natural Resources: A Case Study of China's Nationalization of Wind and Sunlight Jianlin Chen, University of Hong Kong - Faculty of Law, University of Chicago - Law School Jiongzhe Cui, City University of Hong Kong School of Law 'China's Long March Toward Rule of Law' or 'China's Turn Against Law'? Albert H. Y. Chen, University of Hong Kong - Faculty of Law, University of Hong Kong - Faculty of Law The Perpetual Dance: Interpreting 'One Country, Two Systems' Through the Lens of Tongbian Dialectics Jason G. Buhi, The University of Hong Kong Faculty of Law