Rule of Law
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Marisa Kellam
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In a workshop hosted jointly by the Center on Democracy, Development and the Rule of Law and the Southeast Asia Program of the Walter H. Shorenstein Asia-Pacific Research Center on March 9, 2023, scholars discussed the setbacks and prospects for democracy in Southeast Asia. The workshop included Stanford affiliates, visiting scholars at the Freeman Spogli Institute for International Studies (FSI), and political scientists from several universities and research institutions in Japan, whose visit to Stanford was funded by the Japanese Society for the Promotion of Science.

Democracies in Southeast Asia face challenges found among other democracies around the globe, including pervasive corruption, political polarization, and the spread of disinformation on social media.


These issues were prominent in the workshop presentations and discussions. At one point, APARC visiting scholar Gita Wirwajan used the opportunity to urge Stanford, being in Silicon Valley, to speak louder against the information-degrading effects of social media.

Scholars also discussed the other distinctive and challenging conditions in which democracy, development, and the rule of law must take root in Southeast Asia, including monarchial traditions, religious diversity, and proximity to China. Such topics ranged widely, from Islamic Law in the Indonesian province of Aceh through China-funded infrastructure in Myanmar to the Mindanao conflict in the Philippines.

Waseda University Associate Professor and CDDRL Visiting Scholar Marisa Kellam co-chaired the workshop’s panels and roundtables with APARC’s Southeast Asia Program Director and CDDRL Affiliated Faculty Donald Emmerson. On the panels, Kana Inata (Tokyo Metropolitan University) and Ruosui Zhang (Waseda University) presented papers for discussion by Michael Bennon and Francis Fukuyama (both Stanford). The roundtables featured papers or remarks by Lisandro Claudio (UC Berkeley), Reza Idria (Ar-Raniry State Islamic University), Yuko Kasuya (Keio University), Aya Watanabe (Institute of Developing Economies), and Gita Wirwajan (Ancora Group). Several Stanford students in the Masters of International Policy program attended the workshop and took part in the discussion, and we were pleased to welcome representatives from the Consulate General of both Indonesia and the Philippines as well.

Perspectives from Indonesia and the Philippines


The morning roundtable offered the two Indonesian scholars’ perspectives on democracy, development, and the rule of law in Indonesia. Idria, while acknowledging that Aceh in democratic Indonesia is almost a state inside a state, situated the province within larger socioeconomic and religious contexts. Wirjawan argued that Indonesia’s democracy needs to become meritocratic, which he linked to the need for improved education.

The afternoon roundtable on the Philippines focused on Bongbong Marcos’s victory in the 2022 Philippine presidential election. According to Claudio, Bongbong’s opponent had run on a good governance platform that failed to persuade voters accustomed to the dynastic personalism of Philippine politics. Kasuya augmented Claudio’s account with reference to the disinformation circulating through social media and the disintegration of political parties and other accountability institutions during Rodrigo Duterte’s presidency. Watanabe’s scope included previous Philippine presidents, specifically their efforts to obtain legislative approval of the settlements negotiated to end the Mindanao insurgency.

Understanding Global Trends


In addition to the roundtable discussions on Indonesia and the Philippines, panel presentations at the workshop used Southeast Asian cases to understand global trends. Zhang’s research on the changing fate of the China-invested Myitsone dam project in Myanmar demonstrated that a developing country undergoing semi-democratic political change would not necessarily kowtow to Beijing. Inata compared the power of monarchs and described how monarchies have contributed to autocratization in Southeast Asia.

For Prof. Emmerson, the workshop’s value reflected the crucial and generous role played by Prof. Kellam in organizing the event; the scope and quality of its findings and interpretations; its coverage of an important region that lacks the attention Northeast Asia receives; and the all too rare collaboration that the workshop achieved between differently specialized components of Stanford University.

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Scholars from Asia joined faculty and researchers from Stanford University’s Freeman Spogli Institute (FSI) to present research and reflections on various topics and cases from the Southeast Asia region, including the monarchy in politics, peace-making in the Philippines, Chinese infrastructure investments in Myanmar, illiberalism in the Philippines, and Islamic law in Indonesia.

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This chapter explores the potential for gamesmanship in technology-assisted discovery. Attorneys have long embraced gamesmanship strategies in analog discovery, producing reams of irrelevant documents, delaying depositions, or interpreting requests in a hyper-technical manner. The new question, however, is whether machine learning technologies can transform gaming strategies. By now it is well known that technologies have reinvented the practice of civil litigation and, specifically, the extensive search for relevant documents in complex cases. Many sophisticated litigants use machine learning algorithms – under the umbrella of “Technology Assisted Review” (TAR) – to simplify the identification and production of relevant documents in discovery. Litigants employ TAR in cases ranging from antitrust to environmental law, civil rights, and employment disputes. But as the field becomes increasingly influenced by engineers and technologists, a string of commentators has raised questions about TAR, including lawyers’ professional role, underlying incentive structures, and the dangers of new forms of gamesmanship and abuse.

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In Legal Tech and the Future of Civil Justice, editor David Freeman Engstrom (Stanford Law School) and his 28 co-contributors, including Diego Zambrano, dissect the legal and policy implications of the technologies that are poised to remake the civil justice system.

Authors
Neel Guha
Peter Henderson
Diego A. Zambrano
Book Publisher
Cambridge University Press
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CDDRL Visiting Scholar, 2023
Associate Professor of International Business, University of South Carolina
Associate, Davis Center for Russian and Eurasian Studies, Harvard University
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Stan Markus is an Associate Professor of International Business at the University of South Carolina and an Associate at the Davis Center for Russian and Eurasian Studies at Harvard. He received his Ph.D. in Government from Harvard University and his undergraduate degree from the University of Pennsylvania.

Professor Markus works on state-business relations and is broadly interested in the political economy of development. His projects explore property rights protection, oligarchs, corporate social responsibility, lobbying, corruption, state capacity, and institution building.

His book — Property, Predation, and Protection: Piranha Capitalism in Russia and Ukraine (Cambridge University Press, 2015) — was awarded the Stein Rokkan Prize for Comparative Social Science Research. His research has also been published in the leading peer-reviewed journals in management (e.g. Academy of Management Review), political science (e.g. Comparative Political Studies), development studies (e.g. Studies in Comparative International Development), economic sociology (e.g. Socio-Economic Review), and general interest (e.g. Daedalus). It has also been recognized through many awards, including the Wilson Center Fellowship from the Woodrow Wilson International Center for Scholars in D.C.; the Harvard Academy Fellowship from the Harvard Academy for International and Area Studies; the Jean Monnet Fellowship from the European University Institute; the Academy of Management Best Paper Award; and the Best Article in Comparative Politics Award from APSA.

Prof. Markus has lived in Russia, Ukraine, China, and several West European countries. He has native fluency in Russian and German, proficiency in French and Ukrainian, and a conversational understanding of Mandarin.

His commentary has been featured in media outlets, including CNN, BBC, New York Times, Washington Post, Bloomberg, Forbes, Fortune, CNBC, NPR, Vox, and Voice of America, among others.

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Workshop on Democracy, Development, and the Rule of Law in Southeast Asia

This workshop brings together scholars from Asia and the Freeman Spogli Institute at Stanford University to discuss the state of democracy, development, and the rule of law in Southeast Asia. Through these broad lenses, the participants will present research and reflections on various topics and cases from the region, including the monarchy in politics, peace-making in the Philippines, Chinese infrastructure investments in Myanmar, illiberalism in the Philippines, and Islamic law in Indonesia.

Event Co-Chairs:

Marisa Kellam
Associate Professor, Waseda University and Visiting Scholar at CDDRL

Donald K. Emmerson
Director, Southeast Asia Program of Shorenstein APARC

9:30 – 10:00 AM — Coffee and Introductions

10:00 – 10:45 AM — Political and Social Risks of the BRI: China’s overseas infrastructure investment projects in Myanmar
Presenter: Ruosui Zhang, Ph.D. Candidate, Waseda University
Discussant: Mike Bennon, Research Scholar, Global Infrastructure Policy Research Initiative at CDDRL, Stanford University

Developing countries are not passive takers of China’s loans and investments, an oft-overlooked aspect in the political economy of China’s foreign investment. Tracing the changing fate of the Myitsone dam in Myanmar, this presentation will argue that an increase in accountability from military dictatorship to semi-democracy explains the suspension of the project by the Myanmar government in 2011. It will also argue that the change in the leadership’s ideology from the quasi-civilian to a civilian government explains why the project did not encounter further setbacks even though the accountability level increases in Myanmar in 2016. 

10:45 – 11:30 AM — Roundtable discussion on Democracy, Development and the Rule of Law in Indonesia
Reza Idria, Assistant Professor, Ar-Raniry State Islamic University
Gita Wirjawan, Chairman, Ancora Group

This roundtable discussion will offer the perspectives of renowned Indonesia scholars on democracy, development and the rule of law in their country. In particular, Reza Idria will discuss the social and political responses to Sharia in Aech, and its broader implications for the rule of law in Indonesia. Gita Wira will speak about prospects and challenges for Indonesian democracy and development, including his expectations for the outcome and impact of elections next year.

11:30 AM – 12:30 PM — Lunch and Informal Discussion 

12:30 – 1:15 PM — Monarchy and Autocratization: Cases in Southeast Asia
Presenter: Kana Inata, Associate Professor, Tokyo Metropolitan University
Discussant: Francis Fukuyama, Professor and Olivier Nomellini Senior Fellow at CDDRL, Stanford University

Focusing on Southeast Asian monarchies, this presentation will highlight monarchs’ involvement in processes of autocratization in the region. The talk will contend that the monarchy intervenes directly as an autocratizer in Malaysia and Brunei, whereas the monarchy is used indirectly to justify autocratization by government actors in Thailand and Cambodia. In making these claims, the talk will clarify the boundaries between monarch’s de jure and de facto interventions in politics and will consider monarchical accountability. 

1:15 – 2:30 PM — Roundtable discussion on Democracy and the Rule of Law in the Philippines
Aya Watanabe (Researcher, Institute of Developing Economies-JETRO)
Lisandro Claudio (Associate Professor, UC Berkeley)
Yuko Kasuya (Professor, Keio University)

This discussion will consider the nature of democracy and its impact on the rule of law in the Philippines. Aya Watanabe will argue that the electoral prospects of politicians have complicated peace-making in the Mindanao conflict given that the negotiated settlements must be approved and implemented within the democratic political system. Both Lisandro Claudio and Yuko Kasuya will offer reflections on the May 2022 Philippine presidential election, and the pervasiveness of illiberalism, corruption, and violence in Philippine democracy more generally.

2:30 – 3:00 PM — Reflections 
Co-chairs and participants
 

Philippines Conference Room
Encina Hall, Third Floor, Central, C330
616 Jane Stanford Way, Stanford, CA 94305

This event is open to Stanford affiliates and invited guests only.

Workshops

Room N346, Neukom Building
555 Nathan Abbott Way
Stanford, CA 94305

650.721.7681
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Associate Professor of Law, Stanford Law School
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Diego A. Zambrano’s primary research and teaching interests lie in the areas of civil procedure, transnational litigation, and judicial federalism. His work explores the civil litigation landscape: the institutions, norms, and incentives that influence litigant and judicial behavior. Professor Zambrano also has an interest in comparative constitutional law and legal developments related to Venezuela. He currently leads an innovative Stanford Policy Lab tracking “Global Judicial Reforms” and has served as an advisor to pro-democracy political parties in Venezuela. In 2021, Professor Zambrano received the Barbara Allen Babcock Award for Excellence in Teaching.

Professor Zambrano’s scholarship has appeared or is forthcoming at the Columbia Law Review, University of Chicago Law Review, Michigan Law Review, Northwestern University Law Review, Stanford Law Review, and Virginia Law Review, among other journals, and has been honored by the American Association of Law Schools (AALS) and the National Civil Justice Institute. Professor Zambrano will be a co-author of the leading casebook Civil Procedure: A Modern Approach (8th ed. 2024) (with Marcus, Pfander, and Redish). In addition, Professor Zambrano serves as the current chair of the Federal Courts Section of the AALS. He also writes about legal issues for broader public audiences, with his contributions appearing in the Wall Street Journal, BBC News, and Lawfare.

After graduating with honors from Harvard Law School in 2013, Professor Zambrano spent three years as an associate at Cleary Gottlieb in New York, focusing on transnational litigation and arbitration. Before joining Stanford Law School in 2018, Professor Zambrano was a Bigelow Teaching Fellow at the University of Chicago Law School.

CDDRL Affiliated Faculty
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Alice Wenner
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The Freeman Spogli Institute for International Studies (FSI) at Stanford University is pleased to announce that Stephen Kotkin has been appointed to the position of FSI Senior Fellow, effective September 1, 2022.

Kotkin is based at FSI’s Shorenstein Asia-Pacific Research Center (APARC), and is affiliated with FSI’s Center on Democracy, Development and the Rule of Law, as well. He holds a joint appointment with the Hoover Institution as the Kleinheinz Senior Fellow.

"Stephen is a remarkable academic and public intellectual whose work has transformed our understanding of Russian history and the historical processes that have shaped today’s global geopolitics,” said APARC Director Gi-Wook Shin. “We are proud to have him as our colleague at APARC and are excited to work together to expand the center’s scholarship on the role and impact of the Eurasian powers in the era of great-power competition."

Prior to joining FSI, Kotkin was the Birkelund Professor of History and International Affairs in what was formerly known as the Woodrow Wilson School at Princeton University, where he taught for 33 years. He now holds that title as emeritus. In addition to founding and running Princeton’s Global History Initiative, Kotkin directed the Princeton Institute for International and Regional Studies and served as the founding co-director of the Program in History and the Practice of Diplomacy. He chaired the editorial board of Princeton University Press.

“Joining the ranks of the phenomenal scholars at FSI is a dream come true,” Kotkin stated.

Stephen is a remarkable academic and public intellectual whose work has transformed our understanding of Russian history and the historical processes that have shaped today’s global geopolitics.
Gi-Wook Shin
Director of Shorenstein APARC

Kotkin’s scholarly contributions span the fields of Russian-Soviet, Northeast Asian, and global history. His publications include Stalin: Waiting for Hitler, 1929-1941, and Stalin, Vol. I: Paradoxes of Power, 1878-1928, part of a three-volume history of Russian power in the world and of Stalin’s power in Russia.

"I am thrilled to welcome Stephen to FSI this fall,” said FSI Director Michael McFaul. “He is an excellent addition to the cutting-edge research and teaching team at APARC, and I look forward to seeing the important impact he makes in his new role."

Kotkin writes reviews and essays for The Times Literary Supplement, Foreign Affairs, and The Wall Street Journal, among other publications. He was the business book reviewer for the New York Times Sunday Business Section for a number of years. He earned a bachelor’s degree at the University of Rochester in 1981 and received a Ph.D. at UC Berkeley in 1988, and during that time took a graduate seminar at Stanford.

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Peter Blair Henry
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Peter Blair Henry Joins the Hoover Institution and Freeman Spogli Institute for International Studies

A former senior fellow at the Center on Democracy, Development and the Rule of Law, Henry is reprising his roles at FSI and the Hoover Institution to continue his groundbreaking research on economic reforms and the global economy.
Peter Blair Henry Joins the Hoover Institution and Freeman Spogli Institute for International Studies
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Kotkin’s research interests include authoritarianism, geopolitics, global political economy, and modernism in the arts and politics.

Herbert Hoover Memorial Building 107
434 Galvez Mall
Stanford, CA 94305-6003

650.721.1780
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Affiliated Scholar, Deliberative Democracy Lab
Kleinheinz Fellow, Hoover Institution
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Valentin Bolotnyy is a Kleinheinz Fellow at the Hoover Institution and an Affiliated Scholar at CDDRL's Deliberative Democracy Lab. He designs and analyzes randomized experiments aimed at understanding how Americans communicate about politics and public policy, and what factors may lead to changes in public opinion on key issues. He also works on forming research partnerships with government agencies to improve public services and gain insight into social behavior. His recent studies have covered the America in One Room experiment, climate adaptation, the gender earnings gap, public infrastructure procurement, immigration policies, and graduate student mental health.

Bolotnyy’s work has received national attention in outlets such as The Wall Street Journal, The Boston Globe, The Atlantic, Vox, and American Theatre Magazine. He was awarded the Padma Desai Prize in Economics in 2019.

Bolotnyy received a PhD in Economics from Harvard University and a BA in Economics and International Relations, with honors and distinction, from Stanford University.

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Gerhard Casper Postdoctoral Fellow in Rule of Law, 2022-2023
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Varun Karekurve-Ramachandra is a Ph.D candidate in political science at the University of Rochester with a broad interest in empirical political economy. His work has appeared (or is forthcoming) in the American Journal of Political Science and The Quarterly Journal of Political Science. He uses a wide range of quantitative methods to study the judiciary, women in politics, political institutions, and bureaucracies with a focus on South Asia.

Authors
Nora Sulots
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Congratulations to Carson Smith, a graduate of CDDRL's 2018-19 Fisher Family Honors Program, on her selection as a 2022 Knight-Hennessy Scholar. Knight-Hennessy Scholars cultivates and supports a multidisciplinary and multicultural community of graduate students from across Stanford University, and delivers engaging experiences that prepare graduates to be visionary, courageous, and collaborative leaders who address complex challenges facing the world.

At CDDRL, Smith wrote her thesis on Conflict Resolution in Tribal Societies: The Community Impact of Non-Indians in Peacemaking Processes. When asked what initially attracted her to the Fisher Family Honors Program, she shared at the time: "I really enjoy the interdisciplinary approach of this program. For example, CDDRL gave me an opportunity to work with professors at the law school, who have the most expertise in my area of research. Additionally, because we all study separate subjects, I have learned about a wide range of methodologies and areas of research from my peers."

The Knight-Hennessy Scholars press release is available here, and the announcement from the Stanford Report is below.

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Carson Smith (honors class of 2018-19) is among 70 scholars in the Knight-Hennessy Scholars' fifth cohort.

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Classical liberalism is in a state of crisis. Developed in the wake of Europe’s wars over religion and nationalism, liberalism is a system for governing diverse societies, which is grounded in fundamental principles of equality and the rule of law. It emphasizes the rights of individuals to pursue their own forms of happiness free from encroachment by government.

It's no secret that liberalism didn't always live up to its own ideals. In America, many people were denied equality before the law. Who counted as full human beings worthy of universal rights was contested for centuries, and only recently has this circle expanded to include women, racial and ethnic minorities, and others. Conservatives complain that liberalism empties the common life of meaning.

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Liberalism and Its Discontents
As the renowned political philosopher Francis Fukuyama shows in Liberalism and Its Discontents, the principles of liberalism have also, in recent decades, been pushed to new extremes by both the right and the left: neoliberals made a cult of economic freedom, and progressives focused on identity over human universality as central to their political vision. The result, Fukuyama argues, has been a fracturing of our civil society and an increasing peril to our democracy.

In this short, clear account of our current political discontents, Fukuyama offers an essential defense of a revitalized liberalism for the twenty-first century.
 

PRESS & REVIEWS
 

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Books
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A short book about the challenges to liberalism from the right and the left by the bestselling author of The Origins of Political Order.

Authors
Francis Fukuyama
Book Publisher
Farrar, Straus and Giroux
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