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“A Pressing Problem of Interracial Justice”: Repealing Chinese Exclusion, 1937–1943

Madeline Y. Hsu

in The Good Immigrants: How the Yellow Peril Became the Model Minority

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691164021
eISBN:
9781400866373
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691164021.003.0004
Subject:
History, American History: early to 18th Century

This chapter describes how international war compelled repeal of the Chinese exclusion laws, which were seen as unacceptable insults to a wartime ally. As the first liberalization of immigration law ... More


China

Jerry Z. Li and Sanzhuan Guo

in International Law and Domestic Legal Systems: Incorporation, Transformation, and Persuasion

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199694907
eISBN:
9780191731914
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199694907.003.0006
Subject:
Law, Public International Law

The Chinese Constitution is silent on the domestic status of treaties, customary international law, and other international rules. Treaties to which China is a party are generally regarded as a part ... More


Cooperation, Comity, and Competition in China

Dong Ling

in Cooperation, Comity, and Competition Policy

Published in print:
2010
Published Online:
January 2011
ISBN:
9780195387704
eISBN:
9780199866762
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195387704.003.0007
Subject:
Law, Public International Law

On August 30, 2007, the 29th session of the Standing Committee of the 10th National People's Congress passed the Anti-Monopoly Law of the People's Republic of China, which took effect on August 1, ... More


Delivering Justice in Qing China: Civil Trials in the Magistrate's Court

Linxia Liang

Published in print:
2007
Published Online:
January 2012
ISBN:
9780197263990
eISBN:
9780191734373
Item type:
book
Publisher:
British Academy
DOI:
10.5871/bacad/9780197263990.001.0001
Subject:
History, World Modern History

Traditional Chinese law, including Qing law, was often criticized as being inapplicable in civil trials, and it was often believed that the magistrate's court preferred mediation rather than ... More


Choosing New Members: The Rise of Immigration Restriction

Desmond King

in The Liberty of Strangers: Making the American Nation

Published in print:
2006
Published Online:
October 2011
ISBN:
9780195306439
eISBN:
9780199850617
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195306439.003.0004
Subject:
Political Science, American Politics

This chapter focuses on assimilability, which was the talked-about word of the new immigration policy established in the 1920s. It demonstrates that throughout the 19th century and into the opening ... More


Segregation, Exclusion, and the Chinese Communities in Georgia, 1880s-1940

Daniel Bronstein

in Asian Americans in Dixie: Race and Migration in the South

Published in print:
2013
Published Online:
April 2017
ISBN:
9780252037832
eISBN:
9780252095955
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252037832.003.0005
Subject:
Society and Culture, Asian Studies

This chapter examines the impact of various state apparatuses, including exclusion laws, on the little remarked but fascinating Chinese American merchant communities in Atlanta, Augusta, and ... More


Traversing the Line: Border Crossers and Alien Smugglers

in Making the Chinese Mexican: Global Migration, Localism, and Exclusion in the U.S.-Mexico Borderlands

Published in print:
2012
Published Online:
June 2013
ISBN:
9780804778145
eISBN:
9780804783712
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804778145.003.0004
Subject:
History, Latin American History

This chapter discusses inconsistencies of border enforcement at the southern U.S. border and the way in which Chinese smugglers blazed illegal pathways across the Arizona and California lines. The ... More


Legislating Harmony: Labor Law Reform in Contemporary China

Mary E. Gallagher and Baohua Dong

in From Iron Rice Bowl to Informalization: Markets, Workers, and the State in a Changing China

Published in print:
2011
Published Online:
August 2016
ISBN:
9780801450242
eISBN:
9780801462931
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801450242.003.0003
Subject:
Political Science, Asian Politics

This chapter examines the development of Chinese labor and employment legislation, from the initial drafting of the first National Labor Law in 1994 to the drafting and implementation of the Labor ... More


Availability of Specific Remedies in Chinese Contract Law

CHEN Lei

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0002
Subject:
Law, Law of Obligations, Comparative Law

Chinese law adopts a middle-ground approach between the common law approach (damages is the dominant remedy) and the civil law approach (specific performance is the dominant remedy): both remedies ... More


Introduction to the issue of rape in China as a developing country

Qihua Ye

in International approaches to rape

Published in print:
2011
Published Online:
March 2012
ISBN:
9781847426208
eISBN:
9781447302629
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781847426208.003.0004
Subject:
Sociology, Comparative and Historical Sociology

This chapter discusses how rape is one of the most serious crimes in Chinese criminal law. Rape is classed as the sex crime of raping women, but also of forcing young girls to work as prostitutes, ... More


The Performance Interest in Chinese Contract Law: Monetary Awards

Shiyuan HAN

in Studies in the Contract Laws of Asia I: Remedies for Breach of Contract

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198757221
eISBN:
9780191817151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757221.003.0003
Subject:
Law, Law of Obligations, Comparative Law

This chapter focuses mainly on monetary awards under Chinese law. It covers both damages and agreed sums payable upon breach of an obligation. The objects of analysis here are the Contract Law 1999, ... More


Legal Bilingualism and the Postcolonial Dilemma

in The Common Law in Two Voices: Language, Law, and the Postcolonial Dilemma in Hong Kong

Published in print:
2009
Published Online:
June 2013
ISBN:
9780804761642
eISBN:
9780804772358
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804761642.003.0009
Subject:
Sociology, Politics, Social Movements and Social Change

This chapter sums up the core arguments of the book and locates the story of legal bilingualism within the context of the social transition of Hong Kong from colonialism to postcolonialism. It ... More


Ideals, Tradition, and Authority

Fernanda Pirie

in The Anthropology of Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199696840
eISBN:
9780191751110
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696840.003.0005
Subject:
Law, Comparative Law, Philosophy of Law

This chapter discusses the legal traditions of China and ancient Greece, and looks at English common law. It shows that despite claims of embodying rationality and reason, the appeal of tradition is ... More


The Reception of Chinese Law in Revolutionary America

Jedidiah J. Kroncke

in The Futility of Law and Development: China and the Dangers of Exporting American Law

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190233525
eISBN:
9780190233549
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233525.003.0002
Subject:
Political Science, International Relations and Politics

Chapter 1 places the early American view of China and Chinese law in the context of the pre-modern European experience. It emphasizes how Chinese law held a place of esteem during the Enlightenment ... More


Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

Chen Lei

in Formation and Third Party Beneficiaries

Published in print:
2018
Published Online:
February 2018
ISBN:
9780198808114
eISBN:
9780191845994
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808114.003.0003
Subject:
Law, Private International Law

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the ... More


Rhetorical Strategies in Arbitration Law

Anna Trosborg

in Legal Discourse across Cultures and Systems

Published in print:
2008
Published Online:
September 2011
ISBN:
9789622098510
eISBN:
9789882207141
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789622098510.003.0010
Subject:
Linguistics, Sociolinguistics / Anthropological Linguistics

This chapter analyzes the regulative acts in the UNCITRAL Model Law on International Commercial Arbitration and in the Arbitration Law of the People's Republic of China. It aims to identify ... More


Trial of Modernity: Judicial Reform in Early Twentieth-Century China, 1901-1937

Xiaoqun Xu

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804755863
eISBN:
9780804779500
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804755863.001.0001
Subject:
Law, Legal History

This book examines the Chinese judicial system and its operations in the Republican era, filling a gap in the scholarship on modern China, Chinese law, Chinese legal history, and comparative law. It ... More


Contract Formation under Chinese Law

Ding Chunyan

in Formation and Third Party Beneficiaries

Published in print:
2018
Published Online:
February 2018
ISBN:
9780198808114
eISBN:
9780191845994
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808114.003.0002
Subject:
Law, Private International Law

This chapter discusses the law on contract formation in Chinese law which largely follows the UN Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of ... More


Diversity in the Epistemology of Judicial Fact-Finding in the Major Legal Traditions of the World: Indicators for Conduct in International Arbitration

Won L. Kidane

in The Culture of International Arbitration

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199973927
eISBN:
9780199361922
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199973927.003.0008
Subject:
Law, Private International Law, Company and Commercial Law

This chapter provides a summary of the mechanisms of fact-finding in the various legal traditions to set the stage for the discussions of the complicating effects of cultural miscommunication among ... More


Environmental Law

Charles R. McElwee

in Environmental Law in China: Mitigating Risk and Ensuring Compliance

Published in print:
2011
Published Online:
April 2015
ISBN:
9780195390018
eISBN:
9780190259730
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780195390018.003.0004
Subject:
Law, Environmental and Energy Law

This chapter first explains how China's environmental law regime is defined in terms of a set of systems or principles, rather than individual national laws. These principles and regimes were ... More


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