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asia comparative corporate governance 4 michele w. shoresman Assistant Dean, Graduate and Joint Degree Programs Assistant Dean Shoresman shoulders responsi- bility for the full spectrum of administrative tasks from recruitment through orientation, graduation and alumni relations related to the LLM program in U.S. Law for international attorneys and the Intellectual Property and Technology LLM program. Her responsibilities include the Judicial Observation Program for international students. She arranges intern- ships for US Law and IP/TL LLMs with judges for the summer. Practical training is a critical part of an LLM’s education and the Assistant Dean assists students in finding placements. She is there as an advisor for the LLMs. LLMs must learn about the culture in which the Law lives and this is one of the many pleasures of Dr. Shoresman's duties. Graduate Programs The number of students from Northeast Asia in the Graduate Programs continues to increase. The 2003 graduates of the LLM programs in U.S. Law, Taxation and Intellectual Property included 10 students from Korea, 10 from Japan, 7 from China, 5 from Taiwan, and 2 from Thailand. Currently ten students from Korea, one from Taiwan and one from Thailand are completing course work and research as JSD candidates. joel seligman Dean & the Ethan A.H. Shepley University Professor of Law Internationally recognized as a leading scholar in corporation law and securities regulation, Dean Seligman completed The New Uniform Securities Act (Aspen Law & Business, 2003), a book-length study of the Uniform Securities Act, for which he served as reporter and which was approved by the National Conference of Commissioners on Uniform State Laws in July 2002. He also published a new edition of The Transformation of Wall Street: A History of the Securities and Exchange Commission and Modern Corporate Finance (3d ed. Aspen Law & Business, 2003); the ninth edition of Securities Regulation (Foundation Press, 2003), a casebook co-written with John Coffee; a revised Volume 7 of the treatise, Securities Regulation (third edition, Aspen Law & Bus- iness), as well as the 2003 Annual Supplements to the treatise and the abridged treatise, Fundamentals of Securities Regulation; and two law review articles, “No One Can Serve Two Masters: Corporate and Securities Law after Enron,” Washington University Law Quarterly (2002) and “The New Uniform Securities Act,” Washington University Law Quarterly (forth- coming 2003). He also completed his service this past year on the Professional Ethics Exec- utive Committee of the American Institute of Certified Public Accountants and the American Bar Association Task Force on Corporate Responsibility. korea and japan The Dean’s Trip In May 2002 Dean Joel Seligman, accompanied by Professor John O. Haley, visited Korea and Japan. They met with alumni and friends. In Korea Dean Seligman spoke on the Enron case and its lessons to students at Seoul National University and the Korean Securities Regulation Association, an organization of scholars, lawyers and securities industry personnel. While there to give a series of lectures on this theme and the prospects for corrective legislation at sym- posia at Kansai University in Osaka and Nagoya University. In Tokyo he spoke to the Japan International Business Law Institute. Professor Haley also spoke on changes in Japanese law and legal education at the Kansai University symposium as well as a symposium on future changes in legal education in Japan at Aoyama Gakuin University. Harris Institute Judicial Fellows Program The Harris Institute’s program for mid–career judges completed its second year in June 2003. Participating in the program in 2002-03 were Judge Yoon Koo Kang from South Korea and Judge Makoto Hashizume of Japan. Both were selected to participate in the program and finan- cially supported by their respective Supreme Courts. The Harris Institute hopes to be able to expand the Judicial Fellows program in future years to include mid–career judges from China, Central Asia, Latin America and Eastern Europe. Aoyama Gakuin University Harris Institute connections with Aoyama Gakuin University in Tokyo, Japan, have includ- ed donations from the Aoyama Gakuin faculty library to the Law School’s Japanese law coll- ection as well as a visit by Professor John O. Haley in May and June 2001 to teach a short course on comparative contract law. These ties were strengthened through visits by Dean Yamazaki and Professor Toshiaki Nakamura in March 2003. Teaching short courses in May and June 2003 were Professor Bruce LaPierre on recent constitutional issues in U.S. law and Professor Peter Joy on legal ethics. Japan Federation of Bar Associations While in Tokyo in connection with an ongoing research project under his direction on com- parative legal ethics, Professor Joy also spoke on contemporary problems in legal ethics at the Japan Federation of Bar Associations. University of Tokyo Also in Tokyo in June and July 2003 was Professor Rebecca Dresser. She taught a course on ethical issues in medical research at the University of Tokyo. From left, Professor John Haley and Judge Yoon Koo Kang

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michele w. shoresmanAssistant Dean, Graduate and Joint Degree Programs

Assistant Dean Shoresman shoulders responsi-bility for the full spectrum of administrativetasks from recruitment through orientation,graduation and alumni relations related to theLLM program in U.S. Law for internationalattorneys and the Intellectual Property andTechnology LLM program. Her responsibilitiesinclude the Judicial Observation Program forinternational students. She arranges intern-ships for US Law and IP/TL LLMs with judgesfor the summer. Practical training is a criticalpart of an LLM’s education and the AssistantDean assists students in finding placements.She is there as an advisor for the LLMs. LLMsmust learn about the culture in which the Lawlives and this is one of the many pleasures ofDr. Shoresman's duties.

Graduate Programs

The number of students from Northeast Asiain the Graduate Programs continues toincrease. The 2003 graduates of the LLM programs in U.S. Law, Taxation and IntellectualProperty included 10 students from Korea, 10 from Japan, 7 from China, 5 from Taiwan,and 2 from Thailand. Currently ten studentsfrom Korea, one from Taiwan and one fromThailand are completing course work andresearch as JSD candidates.

joel seligmanDean & the Ethan A.H. Shepley University

Professor of Law

Internationally recognized as a leading scholarin corporation law and securities regulation,Dean Seligman completed The New UniformSecurities Act (Aspen Law & Business, 2003), a book-length study of the Uniform SecuritiesAct, for which he served as reporter and whichwas approved by the National Conference of Commissioners on Uniform State Laws inJuly 2002. He also published a new edition of The Transformation of Wall Street: A History of the Securities and Exchange Commission and Modern Corporate Finance (3d ed. Aspen Law & Business, 2003); the ninth edition of Securities Regulation (Foundation Press,2003), a casebook co-written with John Coffee; a revised Volume 7 of the treatise, SecuritiesRegulation (third edition, Aspen Law & Bus-iness), as well as the 2003 Annual Supplementsto the treatise and the abridged treatise,Fundamentals of Securities Regulation; and twolaw review articles, “No One Can Serve TwoMasters: Corporate and Securities Law afterEnron,” Washington University Law Quarterly(2002) and “The New Uniform Securities Act,”Washington University Law Quarterly (forth-coming 2003). He also completed his servicethis past year on the Professional Ethics Exec-utive Committee of the American Institute ofCertified Public Accountants and the AmericanBar Association Task Force on CorporateResponsibility.

korea and japanThe Dean’s Trip

In May 2002 Dean Joel Seligman, accompaniedby Professor John O. Haley, visited Korea andJapan. They met with alumni and friends. InKorea Dean Seligman spoke on the Enron caseand its lessons to students at Seoul NationalUniversity and the Korean Securities RegulationAssociation, an organization of scholars, lawyersand securities industry personnel. While there to give a series of lectures on this theme and the prospects for corrective legislation at sym-posia at Kansai University in Osaka and NagoyaUniversity. In Tokyo he spoke to the JapanInternational Business Law Institute. ProfessorHaley also spoke on changes in Japanese lawand legal education at the Kansai Universitysymposium as well as a symposium on futurechanges in legal education in Japan at AoyamaGakuin University.

Harris Institute Judicial FellowsProgram

The Harris Institute’s program for mid–careerjudges completed its second year in June 2003.Participating in the program in 2002-03 wereJudge Yoon Koo Kang from South Korea andJudge Makoto Hashizume of Japan. Both wereselected to participate in the program and finan-cially supported by their respective SupremeCourts. The Harris Institute hopes to be able toexpand the Judicial Fellows program in futureyears to include mid–career judges from China,Central Asia, Latin America and Eastern Europe.

Aoyama Gakuin University

Harris Institute connections with AoyamaGakuin University in Tokyo, Japan, have includ-ed donations from the Aoyama Gakuin facultylibrary to the Law School’s Japanese law coll-ection as well as a visit by Professor John O.Haley in May and June 2001 to teach a shortcourse on comparative contract law. These ties were strengthened through visits by DeanYamazaki and Professor Toshiaki Nakamurain March 2003. Teaching short courses in Mayand June 2003 were Professor Bruce LaPierreon recent constitutional issues in U.S. law andProfessor Peter Joy on legal ethics.

Japan Federation of Bar Associations

While in Tokyo in connection with an ongoingresearch project under his direction on com-parative legal ethics, Professor Joy also spokeon contemporary problems in legal ethics at the Japan Federation of Bar Associations.

University of Tokyo

Also in Tokyo in June and July 2003 wasProfessor Rebecca Dresser. She taught acourse on ethical issues in medical researchat the University of Tokyo.

From left, Professor John Haley and Judge Yoon Koo Kang

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China Code Project

In 1999, Philip Berwick, the Associate Dean in Information Resources, and Wei Luo, theDirector of Technical Services, initiated a proj-ect to introduce the American–style statutorycodification system to China. One of the goalsof this project was to assist the Chinese incompiling a true subject code. The Chinese

research partners arethe officers from theLegislative Affairs Office(the LAO) of the StateCouncil of the PRC andPeking University LawSchool. With financialsupport from the US-China Legal CooperationFund, three symposiumshave been held in Chinato compare theAmerican codificationsystems with currentChinese law compilationpractice. The officers in charge of law comp-ilation at the LAO havebeen convinced that

China should use the United States Code andthe Code of Federal Regulations as models to create a Chinese law codification system.However, the Minister and his deputies of the LAO still need to be persuaded that theAmerican model should be followed.

At the recent symposium held in July 2003, acommittee was formed to codify the laws andregulations related to Chinese customs andpresent it to the Chinese legal community nextyear. The committee includes the Chinese gov-ernment officers from the LAO, the CustomsAdministration, the Ministry of Justice, the professors from Peking University Law School,a law librarian from Tshinghua University LawSchool Library, and Philip Berwick and Wei Luo.

peter joyProfessor of Law and Director of the Trial

and Advocacy Program

In summer 2003, Joy continued his researchand teaching of comparative legal ethics workwhile in Tokyo, Japan. He taught a course on American legal ethics at Aoyama GakuinUniversity, lectured at Nihon University on the allocation of decision-making authoritybetween lawyers and clients in criminal cases,and gave a lecture on professional ethics andclinical legal education for a committee of theJapan Federation of Bar Associations (JFBA).Ayumi Michi Kodama, Staff Attorney for theResearch Office for Judicial Reform of the JFBA, is translating a law review article he co-authored, “Clinical Education for ThisMillennium: The Third Wave,” and she is planning to have it republished in a Japaneselaw review. Joy was also a contributor to“Professional Legal Ethics: A ComparativePerspective,” published by the ABA's CentralEuropean and Eurasian Law Initiative (CEELI).This work compares ethical and professionalstandards in the United States to those ofselect countries in Europe. In spring 2003, sixstudents in Joy's Comparative Legal EthicsSeminar worked on a CEELI project assistingthe Chamber of Advocates of Kosovo inamending its ethics rules and lawyer disciplinesystem. The students' work has been added to the CEELI legal ethics resource materials sothat others can benefit from their work.

bruce lapierreProfessor of Law

Professor LaPierre taught a course onAmerican Constitutional Law in the summer2003 at Aoyama Gakuin University and gave a series of lectures at Nihon University.

Dean Seligman (front row, center) and Professor John Haley (back row, fourth from left) with Korean alumni

Palace Pipers, Seoul, Korea

Philip Berwick

Wei Luo

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Lecture Series

On March 10, 2003, Michael Dowdle, Fellow at the Regulatory Institutions Network of the Australian National University, was a guest speaker in the Harris Institute’s series of occasional lectures. The title was“Constitutionalism Beyond the RegulatoryState: China, Thailand and the Rediscovery of a Non-Modernist Constitutionalism.”

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john o. haleyWiley B. Rutledge Professor of Law and

Director, The Whitney R. Harris Institute for

Global Legal Studies

During the 2002-2003 academic year, ProfessorHaley gave several papers and lectures. Theyincluded a paper on “The Japanese Judiciary” at a Seattle conference honoring the late DanFenno Henderson on “Law in Japan: At theTurning Point,” sponsored by the Asian LawCenter of the University of Washington; a lecture and discussion of “Law in Japan 2002:A Turning Point?” for a seminar on Japaneselaw at Harvard Law School; as well as an intro-ductory presentation on “A Competition Policyfor East Asia” at the Beijing Conference onCompetition Law and Economic Developmentsponsored by the Harris Institute along withthe Law Institute of the Chinese Academy ofSocial Sciences, and the Japan External TradeOrganization. He gave one of the introductorylecturers on “A Competition Policy for APEC.”He also spoke on “Problems of CorporateGovernance in East Asia,” for a World AffairsCouncil of St. Louis briefing at WashingtonUniversity in St. Louis.

dorsey d. ellis, jr.William R. Orthwein Distinguished

Professor of Law

Continuing to contribute to the Harris Institute-sponsored research programs, Professor Ellispresented a paper on “Intellectual Property and Competition Law under TRIPS: Applyingthe U.S. and EU Experience” at the Institute-sponsored conference on “Competition Policyand Economic Development” held in Septem-ber 2002 in Beijing, China. Professor Ellis also moderated panels at the conference on “Biodiversity, Biotechnology and the LegalProtection of Traditional Knowledge.”

rebecca dresserDaniel Noyes Kirby Professor of Law and Professor of

Ethics in Medicine

In June and July 2003, Professor Dresser wasVisiting Research Scholar at The University ofTokyo where she taught a class on ethical andpolicy issues in biomedical research and ingenetics. Among her many recent publicationswas an article, “Must Research on Stem CellsBe Allowed?” in Eidon (October, 2002, at 5), a leading Spanish health science ethics journal.She also gave a paper in February 2003 on“The American Experience: Strangers at theBedside,” for a conference on Biolaw andBioethics: A Mandatory Cooperation, spon-sored by the Institute of Bioethics–Foundationfor Health Sciences, in Madrid, Spain.

From left, Hiroshi Iyori, Noriyoshi Ehara, Dr. Wang Xiaoye and Dr. Sakda Thanitcul

The Great Wall of China

Michael Dowdle

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Competition Law Conference in Beijing

The Harris Institute joined the Law Institute ofthe Chinese Academy of Social Sciences, theJapan Competition Policy Research Committeeand the Japan External Trade Organization insponsoring a conference on Competition Policyand Economic Development. The principalfocus of the conference was the most recentdraft of a Chinese Competition Law. Held inBeijing, September 17-20, 2002, the conferenceincluded participants from Europe and Asia, aswell as North and South America. The papersare beng published in the autumn 2003 issueof the Washington University Global Studies LawReview. The participants included:

•Vice President Wang Luolin, ChineseAcademy of Social Sciences

•Professor Xia Yong, Director of Law Institute,Chinese Academy of Social Sciences

•Mr. Hiroshi Iyori,Former Secretary Generaland Commissioner, the Japanese Fair TradeCommission

•Dr. Ulf Böge, President, German CartelOffice

•Mr. Syamsul Maarif, President of the

Indonesian Antimonopoly Agency, Jakarta,Indonesia

•Professor Dr. Ulrich Immenga, GöttingenUniversity, Germany, former President, theGerman Monopoly Commission

•Professor Dr. Mitsuo Matsushita, Seikei University, Tokyo, Japan

•Dr. Zhang Delin, Director of Economic Lawsand Regulations Bureau, State Economic &Trade Commission, PRC

•Mr. Noriyoshi Ehara, Manager, Beijing Branch,JETRO

•Professor Dorsey D. Ellis, WashingtonUniversity School of Law, St.Louis, USA

•Mr. Kazuyuki Funahashi, Japan Fair TradeCommission, Tokyo, Japan

•Professor David Gerber, Chicago-Kent Collegeof Law, Chicago, USA

•Professor John O. Haley, WashingtonUniversity School of Law, St. Louis, USA

•Professor Makoto Kurita, Chiba University, Chiba, Japan

•Professor Ohseung Kwon, Seoul National University, Seoul, Korea

•Professor Dr. Ignacio De Leon, Universidad

Católica de Caracas, Caracas, Venezuela, HarrisInstitute Fellow

•Professor Masahiro Murakami, HitotsubashiUniversity, Tokyo, Japan

•Professor Dr. Sakda Thanitcul,ChulalongkornUniversity, Bangkok, Thailand

•Prof. Wang Jiafu, Law Institute, ChineseAcademy of Social Sciences, Beijing, PRC

•Mr. Zhang Deling, Law Institute, Chinese Academy of Social Sciences, Beijing, PRC

•Prof. Dr. Wang Xiaoye,Law Institute, ChineseAcademy of Social Sciences, Beijing, PRC

•Dr. Wolf Zumpfort, Director of PreussagConzern, Beijing, PRC

China Law Scholars Honor Bill Jones

Leading American scholars in Chinese law honored William C. Jones, the Charles F. NagelProfessor Emeritus of International andComparative Law, for his extraordinary contribu-tions to the field in the Winter 2003 issue ofThe Washington University Global Studies LawReview. The 312-page volume featured articlesand essays by William P. Alford, Donald C.Clarke, Alison W. Conner, Frances Foster,Stanley Lubman, Randall Peerenboom, PitmanPotter, and Chien-Chang Wu.

A dedicated scholar whose work on Chinese law spans more than 35 years, Professor Jones’scontributions include the English translations of The Great Qing Code, the code of law fromChina's last imperial dynasty, and of BasicPrinciples of Civil Law in China, the first pro-visions of a civil code for the People's Republicof China. As noted by Alford, “Bill Jones was in the forefront of those who tried to grapplewith the conceptual and practical issues thatbegan to appear as the new concept of civil law emerged.”

Professors Bill Jones and John Haley

International Conference on Competition Policy and Economic Development

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indonesia

ronald m. levinHenry Hitchcock Professor of Law

Joining other members of the faculty involvedin international law reform efforts, ProfessorLevin traveled to Jakarta, Indonesia, inSeptember and October 2002 as a consultantto the Supreme Court of Indonesia. The purpose of the trip was to advise on judicialreview procedures for the Indonesia Comp-etition Commission. Sponsored by ELIPS, a U.S. Agency for International Development–funded law reform program, Professor Levinand a co-consultant met with officials from the Commission and the Supreme Court. In December 2002, he delivered commentsand filed a report on a draft judicial review regulation resulting from his trip.

c.j. larkinLecturer in Law, Director of ADR Programs

Larkin traveled to Kathmandu, Nepal, in thesummers of 2002 and 2003 to consult withstudents working there with NGOs and theUnited Nations Development Program throughthe WU public interest stipend program. While in Nepal, Larkin presented lectures andtrainings in Family and Community Mediationat Tribhuvan University Law School, the Kathmandu School of Law and the FulbrightCommission. She is developing opportunitiesfor WU faculty and law students to work in the area of family and community mediationwithin Nepal’s emerging public conflict resolution system. In St. Louis, Larkin providesconflict resolution consultation and training for immigrant-refugee agencies such as theInternational Institute St. Louis, the EthiopianCommunity Association, the African MutualAssistance Association of Missouri and the Center for Survivors of Torture and WarTrauma.

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Women’s Rights Project

This summer eight Washington University students went to Nepal to work with threeNGOs and the United Nations DevelopmentProgram. They were funded through the Law School's Public Interest Stipend Programwith placements garnered through the CivilJustice Clinic. This is the fourth summer thatlaw students have gone to Nepal to do legalpolicy work. Nepal's relatively new Constitutionand emerging democracy offers students the chance to be on the frontline in ensuringthe rights of women and children in Nepal. The work began over the summer is continued as a part of the Civil Justice Clinic's work.

Harris Fellows

Two internationally recognized legal scholarswere named as Harris Fellows. The first,Professor Asher Maoz of Tel Aviv UniversityFaculty of Law in Tel Aviv, Israel, is a specialist

on law and religion, constitutional law andlegal history. The secondwas Professor AmberPrasad Pant, TrobhuvanUniversity Faculty of Law,Kathmandu, Nepal, aleading scholar on waterrights.

First row From left, C.J. Larkin, Jesse McGuire, Erin Kepplinger, Alexis Arena and BrigidMcNamara Second row From left, Paula Zecchini, Anthony Giovannetti, Dr. Rober K.Boggs (Deputy Chief of Mission), Anya Kudszus and Edgar Mason.

From left, Anya Kudszus; Dr. Peden Pradhan, United Nations Population Fund AssistantRepresentative; Brigid McNamara; C.J. Larkin; J. Bill Musoke, UNFPA NepalRepresentative; and Paula Zecchini

Professor Amber Pant