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Strategic Judicial Deference, Proceduralizing of Administrative Law and In-house Lawyers in the Public Sectors: Two Cases from China
Strategic and de-facto judicial deference to regulatory decisions are prominent even when the court has a clear and specific mandate to review regulatory decisions or to make decisions independent from the regulator and where the court has stepped up substantially in terms of talent and resources. Two examples from China are used, securities fraud litigation and eminent domain litigation, to show that such deference is a rational choice for the court to reduce error rate, public humiliation, hence its legitimacy. But such a strategic choice comes with hidden costs and risks, which would be best addressed by proceduralizing administrative law and training in-house lawyers within the public sectors.
This event is organized by the Hong Yen Chang Center for Chinese Legal Studies and co-sponsored by the Society for Chinese Law.
About the Speaker
Ruoying Chen is the LLB/JD Program Director and Senior Lecturer at the Australian National University. She conducts research on the intersection between private law and regulatory theories/practice, especially across the financial and securities market, eminent domain/real estate market, and environmental regulation/climate change, with a comparative approach, especially between the US and China. She has a special focus on market-oriented initiatives, local-government activities, and preventive measures and remedies provided within various regulatory regimes, as an alternative or supplement to traditional & centralized legal tools and remedies, with a special focus on China.
Before switching to an academic career, she worked for international law firm Freshfields Bruckhaus Deringer in its Beijing office and Hong Kong office for five years on cross-border M&As, capital market work and restructuring of the banking and telecom industries in China. She holds a J.S.D. from the University of Chicago (John. M. Olin Scholar), a M.Juris from the University of Oxford (Chevening Scholar & Shell Centenary Scholar), and a BA in Law from Peking University.
Here appointments include
- Senior Lecturer, ANU Law School, Australian National University (2023/2-)
- Associate Professor & Assistant Professor, PKU Law School, Peking University
- Global Law Professor & the 2019 Dieter Heremans Lecturer in Law & Economics, KU Leuven, Faculty of Law
- Dean's Research Fellow & Senior Lecturer, UNSW Business School
- Visitng Associate Professor & Visiting Assistant Professor, Lecturer & John.M.Olin Fellow in Law & Economics, the University of Chicago Law School
- Associate & Legal Consultant, Freshfields Bruckhause Deringer, Beijing & Hong Kong offices
Registration is required for CU affiliates outside of the Law School to access Jerome Greene Hall. Please register by noon on Friday, October 3. REGISTER TO ATTEND
