Promoting Rule of Law and Human Rights in Asia.
The U.S.-Asia Law Institute serves as a bridge between Asia and America, fostering mutual understanding on legal issues, and using constructive engagement with our partners to advocate for legal reform.
Thomas E. Kellogg is Executive Director of the Center for Asian Law, where he oversees various programs related to law and governance in Asia. He is a leading scholar of legal reform in China, Chinese constitutionalism, and civil society movements in China.
A discussion of the nature, making and application of international law in contemporary conditions, with special attention to the self-reforming function of this legal system.
In the amendment of Criminal Procedure Law of China in 2012, "expert conclusions" was changed into "expert opinion", and "person with expertise" was added to help judge assess the admissibility of scientific evidence. However, the practice in recent years shows that the effect of scientific evidence review is still not as good as expected. This kind of problem can be explained by the theories of "knowledge-power" and "cognition-behavior".
Professor Margaret Lewis’s research focuses on law in mainland China and Taiwan with an emphasis on criminal justice.
On May 29, 2018, the U.S.-Asia Law Institute (USALI) of NYU School of Law held a book launch for the release of their two newest publications, Questioning Police Interrogation Methods: A Comparative Study and The Evolution of Pretrial Detention Law: A Comparative Study. These two books are products of multi-year projects undertaken by USALI, featuring a variety of articles written by leading legal scholars, social scientists and law practitioners from the U.S., the UK and P.R. China about the important and evolving fields of pretrial detention and police interrogation methods.
The Taiwan Relations Act (TRA) is a model of legal ingenuity spurred by political necessity. Jimmy Carter inherited Richard Nixon’s challenge, which was to establish diplomatic relations with the People’s Republic of China (PRC). Nixon took the first step in February 1972 with his famous trip to Beijing, where he, Henry Kissinger, and China’s leaders concluded the Shanghai Communiqué. The Communiqué gave ambiguous assurance to China about Taiwan.
We were delighted to see this article by USALI long-term partner Judge Jed Rakoff in this week's New York Review of Books, regarding the problem of inaccurate eyewitness identifications and also responding thoughtfully to how this problem might be addressed in an age where the majority of criminal matters are disposed of by plea bargain.