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Data Sovereignty: From the Digital Silk Road to the Return of the State

Anupam Chander (Georgetown University) and Haochen Sun

Data Sovereignty: From the Digital Silk Road to the Return of the State

Who, if anyone, should regulate the internet? Governments around the world have answered this question robustly: they will. Data sovereignty-the exercise of control over the internet-is the ambition of world leaders as a natural extension of traditional sovereignty and as a bulwark against the reach of foreign power. The question posed to governments now is not who should regulate the internet, but…

February 1, 2024

Cooperative Federalism and Patent Legislation: A Study Comparing China and the United States

Taorui Guan

Cooperative Federalism and Patent Legislation: A Study Comparing China and the United States

How should patent legislative power be allocated between central and local governments in order to construct a patent system conducive to promoting innovation? A comparative analysis of the models of the U.S. and China sheds light on this question. The early American states established their patent systems before the formation of the federal system, but the U.S. Constitution arrogated patent legislative power…

January 7, 2024

Data Still Needs Theory: Collider Bias in Empirical Legal Research

Benjamin Chen and Yin Xiaohan

Data Still Needs Theory: Collider Bias in Empirical Legal Research

Big data is characterised not only by the amount but also the kinds of information that can be created, stored, and processed. This explosion of data, accompanied by the capacity to analyse them, has catalyzed large n, quantitative approaches to the study of law and legal institutions.  But neither size nor quality guarantees the validity of causal inferences drawn from observational data.…

December 31, 2023

Intellectual Property Legislation Holism in China

Taorui Guan

Intellectual Property Legislation Holism in China

This article argues that conventional analysis of China’s intellectual property (IP) system, which focuses narrowly on the adequacy of rights protection, overlooks a fundamental transformation in its legislative philosophy. The author contends that since the promulgation of the Outline of National Intellectual Property Strategy in 2008, China has adopted an approach of “intellectual property legislation holism”. This holistic framework moves beyond mere protection…

December 12, 2023

Investors’ Perspective on Intellectual Property Financing

Taorui Guan

Investors’ Perspective on Intellectual Property Financing

The intellectual property system is generally considered to be a legal system that promotes innovation. But the ways through which it achieves this goal are still not entirely clear. Conventional intellectual property theories tend to describe the system’s role in promoting innovation as providing creators with incentives to create and commercialize intellectual products, as well as disseminating knowledge to potential users. What…

November 28, 2023

追憶在AI國度

Anne Cheung

追憶在AI國度

A piece of writing by Anne Cheung published on Ming Pao in November 2023.

November 24, 2023

自駕車的抉擇

Anne Cheung

自駕車的抉擇

A piece of writing by Anne Cheung published in Ming Pao in November 2023.

November 14, 2023

刷臉新世代

Anne Cheung

刷臉新世代

A piece of writing by Anne Cheung published in Ming Pao in September 2023.

September 7, 2023

完美情人

Anne Cheung

完美情人

A piece of writing by Anne Cheung published on Ming Pao in August 2023.

August 25, 2023

The Company and Blockchain Technology

Kelvin Low, Edmund Schuster, and Wai Yee Wan

The Company and Blockchain Technology

Blockchain and distributed ledger technology (DLT) have generated much excitement over the past decade, with proclamations that they would disrupt everything from elections to finance. Unsurprisingly, the much-maligned corporate form is also considered ripe for disruption. While certainly imperfect, and currently serviced by creaking legal infrastructure premised upon direct shareholdings, are its problems ones of centralization/intermediation? What exactly are the limits of…

August 11, 2023