Remade in China: Rule of Law, Democracy, and the Chinese 12 Angry Men

Against the background of the growing effort in the Xi Jinping era to sinicize democracy and rule of law, much critical attention has surrounded Chinese models of governance variously conceived as “humane authority” and “political meritocracy.” What is missing from the literature on the export of the so-called “Chinese solution,” however, is the consideration of popular cultural products. This article takes as its case study the state-sponsored film 12 Citizens, the 2014 remake of the classic 12 Angry Men, most famously known in its 1957 version directed by Sidney Lumet and starring Henry Fonda. As there is no jury system in China, 12 Citizens instead presents the scenario as a law school mock trial on Anglo-American law, with crucial elements indigenized to the local setting. In one masterly maneuver after another, the remake overturns the democratic tenor of the original. Yet as a metanarrative about adaptation, the film reveals ambivalent attitudes not only toward the jury system and the West but also toward adaptation itself, open to an alternative interpretation in which the figure of the citizen, as a member of a political community actively engaged in public matters, precisely takes center stage. This ambivalence challenges the very concept of “Chinese characteristics.”

The Defects of Nigeria’s Secured Transactions in Movable Assets Act 2017 and Their Potential Repercussions on Access to Credit: a Comparative Analysis and Lessons from the Anglo-American Law

It has been sufficiently established in law and finance literature that an effective legal framework that governs non-possessory security transactions is a key component in the realization of financial inclusion and affordable access to credit in market economies. Recently, the Nigerian lawmakers enacted the Secured Transactions in Movable Assets Act 2017 (STMA), which was modelled after the United States’ Article 9 of the Uniform Commercial Code (UCC Article 9) and its unitary-functional approach to security interests. Arguably, some of the STMA’s provisions are defective: they do not reflect the local conditions in Nigeria and are likely to frustrate its section 1 aim of broadening access to credit for individuals and small businesses. The STMA recognizes registration as the main method of perfection: yet there are multiple but unlinked movable collateral registries in Nigeria which ultimately constitute a breeding ground for secret liens. This article argues that the relegation of other perfection methods, such as ‘possession’ and ‘control’, will diminish the economic success of the reformed law. It calls for a reconsideration of the rules governing publicity and the perfection of security interests under the STMA with insights and lessons from the UCC Article 9 and its underlying case law.

Law School Learning Outcomes: Legal English Course Contribution

Standards of professional legal education are developed by different organizations: in some countries these are governmental bodies, in others these are professional associations. Apart from a country these standards include Learning Outcomes which shape law schools’ curricula. Both American and European standards mention, to different extent, written and oral communication in the legal context, but a number and contents of subjects directed at developing and mastering professional communicative competency differ a lot. There are disciplines totally devoted to the competency named (e.g. legal writing) as well as courses in which communicative skills are an integral constituent for their successful completion (e.g. basis of negotiations/mediation/client consultation). The article goal is to find a place and role of a Legal English (LE) course in achieving learning outcomes connected with professional communicative competence. The methodology incorporated desk and field studies. The literature review is aimed at identifying current state of affairs in American law schools, as they provide first-class legal education recognized all over the world, and in Russian law schools, as the author works in this system and is interested in its development. A questionnaire was designed to explore Russian law school graduates’ assessment of practicality of subjects they had studied for their professional activities. The analysis of literature and Internet sources allowed to specify the ways of teaching written and oral communication in American law schools and to highlight the situation in Russian legal education. It shows that the Russian system is characterized by predominance of teaching theory of substantive and procedural rules of law and lack of curriculum disciplines aimed at cultivating skills and competencies. A survey of Russian law schools’ recent graduates indicates that most of communicative, in a broad sense, skills, which they use in their everyday work, were obtained within their LE classes. So, complementing a LE course with modules devoted to different aspects of legal writing and specific patterns of lawyer-client, lawyer-lawyer, lawyer-judge communication will definitely contribute to achieving learning outcomes which are put forward by legal education standards.

The 1950s and 1960s

Chapter 2 explores the early gay rights movement in the 1950s and 1960s during the Red Scare, which was also the period of greatest repression of gay people in U.S. history. The struggles of the tiny homophile movements such as the Daughters of Bilitis and the Mattachine Society are described. U.S. popular culture was relentlessly hostile to homosexuality during this period. Hollywood had an official code requiring that gay characters be shown only in a negative light. At the same time, the American Law Institute published a model penal code that recommended the decriminalization of sodomy.

Choose Your Medicine

Choose Your Medicine is the first comprehensive history of the concept of freedom of therapeutic choice in the United States. It draws on legal history and the history of medicine (as well as political, intellectual, cultural, and social history) to examine the ways that persistent but evolving notions of a right to therapeutic choice have affected American law, regulation, and policy from the country’s origins to the present. It describes social movements and legal efforts dedicated to resisting government measures denying individuals an unfettered choice among therapeutic products and methods. The targets of this activism have included, among others, state medical licensing statutes, FDA restrictions on the distribution of unapproved drugs, state and federal prohibitions against medical marijuana, formulary limitations in government insurance programs, abortion restrictions, and prohibitions on physician-assisted suicide. The narrative’s protagonists range from unschooled supporters of botanical medicine in the early nineteenth century to sophisticated cancer patient advocacy groups in the twenty-first. The book considers how all of these examples, taken together, fit within the broader development of the idea of freedom of therapeutic choice in American history and law.

Custom Arrangements

Custom arrangements are: (a) derivative works, generally musical arrangements, based upon preexisting copyrighted musical works, (b) reproduced in the form of sheet music copies, and (c) distributed to specific third-party performance ensembles. Arrangers who create custom arrangements are able to utilize software and Internet services to create such arrangements physically and digitally and distribute them physically and via file sharing. This chapter explores the legal framework and justification for custom arrangement licensing under American law, with a focus on the reproduction, derivative work, distribution, and display rights afforded to copyright owners. Differences between physical and digital sheet music are noted where relevant. The chapter also addresses both practical and normative arguments encountered in the world of custom arrangement licensing and concludes with brief commentary on the custom arrangement licensing process.

A critical account of Ius Constitutionale Commune in Latin America: An intellectual map of contemporary Latin American constitutionalism

Ius Constitutionale Commune in Latin America (ICCAL) is an academic endeavour that attempts to provide an account of the original Latin American path of transformative constitutionalism, comprising elements from national, transnational and international legal orders, and where the law is placed at the service of the normative trinity of constitutionalism, namely the rule of law, democracy and human rights. In this regard, ICCAL speaks of an Inter-American law that represents a new legal phenomenon, in a region where constitutionalist ideas have allegedly claimed new traction. In this article, I develop two main critiques that can be deemed challenges for an academic project that is still ‘under construction’, and provide an intellectual map of Latin American constitutionalism that could address these critiques and serve as a roadmap for studying potential Latin American contributions to debates around global constitutionalism.