China has been on our mind lately. Maybe it’s our recent attendance at the Brigham-Kanner property rights conference held in Beijing in October. Maybe it’s last week’s talk to our law firm by an old friend on lessons that can be learned from China’s move from communism to a market economy.

Whatever is causing China to be on our radar lately, here’s the latest big story, on Wukan, the village presently under seige after a mass protest objecting to the sale of village land for real estate development. The above video is not in English, but it doesn’t take a translator to get the drift. The print media is also reporting on the situation:

Gideon Kanner has also been following the story (start here

Continue Reading Is “Wukan” Chinese For “Kelo?”

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My old friend and law school classmate Laurence Brahm is in town for a few weeks as a visiting fellow at the East-West Center, and took some time off last week from finishing his latest book to come down to our law firm and share his views on the issues of the day. Here’s his talk on the future of the economy, the political situation, and lessons to be learned from China’s experience:

Stream it above or download it here (24mb mp3).

In that same vein, here’s Laurence’s latest article from YaleGlobal Online, “A Global Consensus to Rise and Occupy.”

Agree or disagree, Laurence’s views are very thought-provoking. Continue Reading Podcast: The Economy, Politics, And Lessons From China

In case you missed out on the 8th Annual Brigham-Kanner Property Rights Conference, held last month in Beijing, check out this video (here is the page with links to all of our posts related to the conference).

The Conference was a resounding success, and featured presentations and papers by the creme de la creme of the property academy and practicing bar in the U.S. and China, a truly all-star line up. Continue Reading Brigham-Kanner Conference: The Video

Law professor Richard Epstein was a featured speaker (and past Brigham-Kanner prize winner) at the recent B-K Property Rights Conference in Beijing. He’s summarized his thoughts and insights in “Going Red on Property Rights,” posted at the Hoover Institute’s site. He writes:

Earlier this month, I attended a Chinese-American Conference in Beijing on property rights co-sponsored by the William and Mary Law School and the Tsinghua University Law School.  One purpose of the conference was to award in absentia the Brigham-Kanner Prize to retired Justice Sandra Day O’Connor for her contributions to understanding the law of property. The intensive two-day discussions on property rights were open, animated, and cordial. They also revealed deep ironies in both the Chinese and American approaches to property rights.

The entire piece is well worth reading. All of our posts on the B-K Conference are collected here. I’m writing my wrap-up of the Conference and will post it shortly.

In the meantime, I offer this little story.

A few of us are walking the 15 minutes from the hotel to the moot courtroom at the Tsinghua Law School, through the university campus. We cross the lightly traveled road, and most of us step up onto the opposite sidewalk. Professor Epstein, engrossed in conversation with another lawprof, doesn’t notice they are walking down the middle of the road, blocking traffic.

A few seconds later, a car comes up behind them.

In Beijing, pedestrians decidedly do not have the right of way.

“Get out of the road!” we call out.

Epstein slowly turns around, looks at the car, looks at us, and says with a smile, “sidewalks are for mere mortals.”

(But he does get out of the road.)
Continue Reading Brigham-Kanner Property Rights Conference – “Mere Mortal” Professor Richard Epstein on “Going Red on Property Rights”

At the U.S. Embassy in Beijing last Thursday, Justice Sandra Day O’Connor was presented this year’s Brigham-Kanner prize. She was not able to attend in person, so delivered her acceptance speech by videotape. In her talk, she discussed the property-related opinions which she either authored or joined, including Midkiff, Nollan, Dolan, Yee, and Kelo

The B-K Conference was not simply a celebration of her writings, and there was frank discussion of whether her opinions helped or hurt property owners overall. More on that in a separate post. Continue Reading Brigham-Kanner Conference: Justice O’Connor’s Acceptance Speech

There were many memorable moments and quotes during the three-plus days of the Brigham-Kanner Property Rights Conference in Beijing. But perhaps the most telling came our way second-hand from an ear witness:

At the farewell banquet, a prominent American lawyer was toasting the Tsinghua University Law School students, raising his class with the salute “to the future leaders of China!”

A Tsinghua dean acknowledged the toast, raised his own glass and interjected: “to the future leaders of the world!”Continue Reading Brigham-Kanner Conference: Most Telling Quote

Well, we were beset by a series of technical difficulties yesterday (the internet connection suddenly spit us out, we were unable to log back on, our laptop just shut off, followed by mysterious battery problems), so we were not able to continue the live blog.(Was it something we said?)

That’s ok, since by then it was 2 am ET, and I suspect no one but the hardest core of takings nerds were up in the wee hours of Saturday following a live blog. Or at least I hope not.

What we’ll do instead is post a few of the photos we were able to take (stand by for more from W&M’s professional photographer who is accompanying us), and in a subsequent post (today’s a tour day) summarize our thoughts about this most unusual legal conference.

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Tsinghua Law School

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Professor Henry Smith (Harvard) speaking on custom
and the developing law of

Continue Reading Brigham-Kanner Property Rights Conference – Second Day Photos

Most interesting comments at tonight’s event awarding the Brigham-Kanner prize to Justice (Ret.) Sandra Day O’Connor were the remarks by the Dean of Tsinghua Law School.

“When you amended your Constitution for the first time,” he noted, “you protected things such as speech. When China amended its Constitution for the first time, we protected property.”Continue Reading Brigham-Kanner Conference: In China, Property Rights Are In The First Amendment

Live blogging the second day of the Brigham-Kanner Property Rights Conference from the moot courtroom at Tsinghua Law School, Beijing PRC.

Continue Reading Brigham-Kanner Property Rights Conference – Live Blog Second Day