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Abstract:

In less than three decades, Taiwan has transformed from a repressive, authoritarian state into a vibrant democracy. Changes to the legal system, and particularly the criminal justice system, have played a central role in this story. Reform-minded politicians, lawyers, judges, prosecutors, and scholars have been crucial advocates for strengthening human rights protections, as has Taiwan’s Constitutional Court. Since the end of martial law, the Court has vigorously given heft to rights enshrined in the Republic of China’s constitution. Now that Taiwan has adopted the contents of the International Covenant on Civil and Political Rights as domestic law, it is an opportune moment to reflect on Taiwan’s journey towards embracing international human rights norms and to confront remaining challenges. The situation across the strait is markedly different. Today, Taiwan’s Constitutional Court has no counterpart on the Mainland and analogues to Taiwan’s former police-controlled punishments remain in full effect. As calls for reform on the Mainland become increasingly vocal, how might Taiwan’s experience inform efforts to increase human rights protections in the People’s Republic of China? 

Speaker Bio:

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margaret lewis1
Maggie Lewis joined Seton Hall Law School as an Associate Professor in 2009. She is a Term Member of the Council on Foreign Relations, a Public Intellectuals Program Fellow with the National Committee on U.S.-China Relations, and an Affiliated Scholar of NYU School of Law’s U.S.-Asia Law Institute. Her recent publications have appeared in the Columbia Journal of Transnational Law, NYU Journal of International Law and Politics, Columbia Journal of Asian Law, and Virginia Journal of International Law. She is also the co-author of the book Challenge to China: How Taiwan Abolished Its Version of Re-Education Through Labor with Jerome A. Cohen. 

Most recently before joining Seton Hall, Professor Lewis served as a Senior Research Fellow at NYU School of Law’s U.S.-Asia Law Institute where she worked on criminal justice reforms in China. Following graduation from law school, she worked as an associate at the law firm of Cleary, Gottlieb, Steen & Hamilton in New York City. She then served as a law clerk for the Honorable M. Margaret McKeown of the U.S. Court of Appeals for the Ninth Circuit in San Diego. After clerking, she returned to NYU School of Law and was awarded a Furman Fellowship.

Professor Lewis received her J.D., magna cum laude, from NYU School of Law, where she was inducted into the Order of the Coif and was a member of Law Review. She received her B.A., summa cum laude, from Columbia University. In addition, she has studied at the Hopkins-Nanjing Center for Chinese and American Studies in Nanjing, China, and Bucerius Law School in Hamburg, Germany. 

Philippines Conference Room

Margaret Lewis Associate Professor Speaker Seton Hall Law School
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The 2012 Republic of China presidential and legislative elections to be held on January 14th mark the fifth presidential and seventh national legislative direct elections in Taiwan. Incumbent ROC President Ma Ying-jeou of the Kuomintang (KMT) enjoyed a landslide victory in 2008 over Democratic Progressive Party (DPP) candidate Hsieh Chang-ting, winning by over 2.2 million votes. Subsequent revelations of corruption by former President Chen Shui-bian of the DPP and various members of his administration further damaged the DPP's public image and electoral prospects.

In the intervening years, however, current DPP candidate Tsai Ing-wen and other members of the DPP have worked to revitalize their party's image, and as chairperson of the DPP Tsai established a special internal investigative committee to root out corruption in the party. A potentially complicating new factor in the race is the first-ever presidential bid by the People's First Party (PFP), led by candidate James Soong. Polling results to date have indicated the potential for a very close race between Ma and Tsai, with Soong also pulling a substantial portion of the vote that may affect the electoral outcome.

On the legislative side, the KMT won 81 out of 113 total seats in the Legislative Yuan in the 2008 elections, a circumstance that has facilitated the passage of various controversial measures supported by the Ma administration, including in particular the Economic Cooperation Framework Agreement (ECFA) with mainland China, and a significant shift in the composition of this body is likely to have a pronounced impact.

Regardless of the outcome, the results of the 2012 elections promise to offer much insight into the popular attitudes of the Taiwanese people and the prospects for future democratic consolidation and development in Taiwan. Ten days following the elections, Professors Shelly Rigger and Eric Chen-hua Yu will join us for a panel discussion to analyze the outcomes of these elections and discuss their relevance to the US and the world.

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One of Taiwan's leading political scientists and most widely quoted authorities on Taiwan politics and cross-Strait relations, Professor Chu will address five issues in his talk:

First, how should we interpret the outcome of the January election and the nature and extent of President Ma's renewed mandate?

Second, to what extent has the 2012 election enhanced the overall quality of Taiwan's democracy?

Third, what can we expect in terms of President Ma's domestic agenda for the next four years?

Fourth, how much further and faster can the warming of cross-Strait relations proceed during President Ma's second term?

Fifth, what are the challenges and opportunities for the US-Taiwan relationship in the coming year?

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The conference, organized by the Taiwan Democracy Program of the Center on The conference, organized by the Taiwan Democracy Program of the Center on Democracy, Development, and the Rule of Law (CDDRL), will consider what Taiwan's democratic development may teach us about possible future democratic development in mainland China.

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The symposium is being organized by the Center's "Taiwan Democracy Project." It will feature participation from the Taiwan Foundation for Democracy, the National Endowment for Democracy, and other publicly funded as well as civil society efforts to assist democratic development internationally.

The symposium, which will be limited in size to facilitate extensive dialogue and exchange, has several purposes. One set of purposes is informational and analytical. We want to delineate and assess what new and smaller democracy promotion organizations are doing-and what they can do effectively-to support and advance democratic development around the world. To answer the latter question, we want to distill some of what the more established democracy assistance organizations have learned over the last two decades that can be of value in guiding the strategic thinking and organizational development of these new initiatives. How should such new and emerging foundations define their priorities, and what types of grants and activities are most likely to add value to existing efforts? What countries, sectors, and problems may provide, within each region, opportunities for new democracy assistance initiatives to leverage their limited resources into a higher impact?

Second, we would like to promote, in a modest and limited way, some interaction between academic studies of democratic development and the practical efforts to assist it. The Center on Democracy, Development and the Rule of Law has embarked upon a very ambitious study of how international influences affect democratic transitions and consolidation, and we would hope to inject some of what we are learning into the discussions-and most of all, to benefit from them.

Third, we want the workshop to be practically useful to the participants. We want to explore the possibilities for cooperation and joint effort among democracy promotion efforts, small and large, new and old. How can such newer and smaller initiatives acquire the information necessary to identify and evaluate potential projects and grantees? What opportunities may exist for sharing information about potential recipients of assistance? What other forms of exchange and interaction could help new and small assistance efforts to leverage their limited resources? How can the established democracy promotion organizations benefit from some of the "ground truth" that new initiatives may accumulate and the new methods that they may develop in their work?

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