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Tag: law

陳昱嵐X林啟瑩 著作權研究於文化藝術領域的國際合作

陳昱嵐 (2019-2020臺美藝文專業人才交流獎助計畫獲獎人) 曾於美國加州柏克萊大學進行學術訪問研究,此次將深入產業,觀察美國在文化藝術領域——以電影為例,如何透過法律預防爭端發生,以期推進國際間的串聯,建立日後合作網路。 陳昱嵐律師執業近七年時間,專長為稅法、行政法與文化法,同時在臺北藝術大學文化資產與藝術創新博士班就讀。主要案件為行政訴訟,並擔任公司行號顧問律師、政府政策制定委員。

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A Case of China’s Economic Power

A case study provides the opportunity to delve deeper into the perceived advantage that China wields over the United States in monetary power. By analyzing a real world case of Chinese monetary power, this research aims to answer the questions: when is economic coercive action in the Chinese-United States relationship likely to succeed, and why aren’t there more instances in which China tries to make use of its theoretical leverage. Over the course of the case studies, deeper analysis presents a more complex and complicated picture of the broader and more definitive areas of leverage presented in the analysis of economic realities. This suggests that theoretical advantage, while supported by economic figures, can often be hard to capitalize on in reality. In the case of China’s monetary power, this research makes use of “the most likely case” of economic coercive action (Eckstein, 1975). As such, this research aims to take a case of Chinese utilization of economic power that has a high likelihood of success and explore how successful it was in reality as well as what were the circumstances of its failure or success. This falls short of an all-out attempt to disprove the theoretical advantage, as is often

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A Midyear Reflection on the State of my Research

     I do a lot of reading; it’s part of my job description as a graduate student. I read all types of works: newspaper articles, opinion pieces, scientific data, political diatribe, etc. I also read quite a bit of Chinese literature and modern scholarship on such works. Recently, it occurred to me that I have lost, to some degree at least, my love of reading for pleasure, especially reading works of fiction. I tend to get lost in critical works, the argumentative polemics and rhetorical strategies of academic work published in scholarly periodicals, but I realized that I rarely, if ever, spend significant time reading fiction anymore. This is disconcerting, disturbing even, because not all reading is the same; different genres can produce wildly different effects.      For example, exploring the universes of the future plotted out by science fiction writers or contemplating the power of language in historical settings recreated by dramatists shows the infinite possible worlds existing when authors indulge in fictive landscapes. Fictional works simultaneously reflect a multiplicity of voices and viewpoints in a way that other artistic mediums seem hard-pressed to duplicate. The way authors choose to arrange their plots, create characters, and manipulate

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Starting the first law school clinic in Taiwan

     In the Spring 2013 semester, National Taiwan University College of Law offered an innovative new course called Law Clinic (in Chinese, the name of the course is 爭議處理與紛爭解決). In this class, law students had the opportunity to represent real clients in real cases under the close supervision of experienced attorneys as part of their law school experience.  Students in the Law Clinic represented dozens of clients in a wide variety of cases. They helped real clients with real problems involving consumer law, contract law, criminal law, family law, land use law, and other areas of law. Acting in the role of lawyers, they interviewed clients, conducted fact investigation, interviewed witnesses, counseled clients, drafted legal documents, and crafted innovative and compelling legal arguments.      Their work with clients gave the students valuable preparation for the practice of law. They were able to apply their knowledge of law, analytical skills, and legal reasoning powers to the problems faced by real clients, allowing them to understand better how theory and practice interact in real cases. They had a real context to explore and understand the roles that lawyers play in society. And they were able to learn and practice essential

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