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LAW 5001: China Law and Business

(Formerly Law 245) China's adoption of its open door policy in 1978 to welcome foreign investment started the country's forty-year trajectory of legal reforms in different areas, including foreign investment, intellectual property, dispute resolution, and antimonopoly law. The launch of the Belt and Road Initiative in 2013, China's ambitious global economic plan, has taken legal reforms in the country to another level, as numerous measures are being undertaken to ensure the success of this initiative, which is associated with tremendous legal challenges. This introductory course is designed to provide an overview of the Chinese legal system and to discuss legal and business issues related to the above-mentioned economic evolution spearheaded by China but having an impact around the world. The course will specifically examine Chinese legal rules and principles in select business-related areas, including intellectual property, dispute resolution, foreign investment vehicles, mergers and acquisitions, antimonopoly law, and artificial intelligence. Through active class participation and analysis of legal and business cases, students will learn both the law on the books and the law in action, as well as strategies that Chinese and international businesses alike can use to overcome limitations in the Chinese legal system. Leaders from the law and business communities will be invited to share their experiences and insights. This course is particularly suitable for law students, MBA students, and students enrolled in the East Asian Studies Program. Undergraduates who have permission from the instructor may also take this course. A Stanford Non-Law Student Course Registration Form is available on the SLS Registrar's Office website. Elements used in grading: class participation (20%), team project (40%), and extended take-home exam (40%). For the team project component, students will work with another student enrolled in the class to produce an analysis of a judicial case in China and discuss, for example, the implications of the related Chinese legal principles for businesses and/or major differences between these principles and similar U.S. legal principles. Quality team projects may have the opportunity to be included in the professional journal published by the China Guiding Cases Project ("CGCP"), which is led by Dr. Mei Gechlik, the instructor, and her global team of nearly 200 members. Team projects selected for publication will receive editorial input from the CGCP and authors may have a chance to present their papers at CGCP events.
Terms: Spr | Units: 3
Instructors: Gechlik, M. (PI)
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