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Category: Non-China commentary

The Holding Foreign Companies Accountable Act: some questions

The Holding Foreign Companies Accountable Act: some questions

December 13, 2020 Donald Clarke 1 Comment

On December 2, the U.S. House of Representatives passed the Holding Foreign Companies Accountable Act (the “HFCAA” or the “Act”).…

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Posted in: Law, Non-China commentary
Recent USCIS Policy Alert regarding Communist Party membership: what’s new?

Recent USCIS Policy Alert regarding Communist Party membership: what’s new?

October 8, 2020 Donald Clarke 2 Comments

USCIS has adopted a policy that will make it easier to find aliens inadmissible on the grounds of Communist Party…

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Posted in: Law, Non-China commentary Filed under: immigration
Overreactions to the WeChat ban

Overreactions to the WeChat ban

August 7, 2020 Donald Clarke 5 Comments

The ban on WeChat will not cut people in the US off from their friends and family in China. They…

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Posted in: Miscellaneous, Non-China commentary Filed under: WeChat
Margaret Lewis, “Criminalizing China”

Margaret Lewis, “Criminalizing China”

May 13, 2020 Donald Clarke 1 Comment

“People and entities who have connections to the governing party-state structure of the PRC have engaged in trade secret theft…

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Posted in: Law, Non-China commentary Filed under: China Initiative
Comparing US and Chinese acquittal rates: apples and oranges?

Comparing US and Chinese acquittal rates: apples and oranges?

May 5, 2020 Donald Clarke 1 Comment

After my last post on Chinese acquittal rates, I heard from Prof. David Johnson of the University of Hawai‘i (whose…

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Posted in: Law, Non-China commentary Filed under: acquittal rates, criminal procedure, plea bargaining, United States
Can you get around the Foreign Sovereign Immunities Act by naming the Communist Party of China as a defendant?

Can you get around the Foreign Sovereign Immunities Act by naming the Communist Party of China as a defendant?

April 23, 2020 Donald Clarke Leave a comment

The lawsuit filed by the Missouri attorney-general against various Chinese entities seeking compensation for COVID-19-related damages, unlike previous similar lawsuits,…

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Posted in: Law, Non-China commentary Filed under: coronavirus

The “rule of law” and the concept of an “essentially contested concept”

August 21, 2019 Donald Clarke 3 Comments

Recently in the course of some writing I’ve had to address the problem of “essentially contested concepts.” But because the…

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Posted in: Law, Miscellaneous, Non-China commentary Filed under: essentially contested concepts

Trade agreements versus memoranda of understanding

February 25, 2019 Donald Clarke Leave a comment

Given the recent public contretemps between Donald Trump and USTR Robert Lighthizer over the difference between a memorandum of understanding…

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Posted in: Law, Non-China commentary

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