Berkeley Stanley Lubman

Stanley Lubman
Tel: 510-843-8881
Email Address: slubman@pacbell.net

Stanley Lubman has specialized on China as a scholar and as a practicing lawyer for more than 40 years. He first taught at Boalt from 1967-1974, and returned in 2002. In the meantime, he taught at Stanford, Columbia, Harvard, the University of Heidelberg, and the School of Oriental and African Studies of the University of London.

Lubman has advised American, European and Japanese clients on the People's Republic of China since 1972 on a wide range of matters. From 1978 to 1997 he headed the China practices at two major San Francisco law firms and a large English firm of solicitors. Since 1997 he has devoted his time to scholarly research, teaching and non-profit activities.

In October 2004, Lubman was a visiting scholar at Oxford University. In March, 2005, a conference was held in his honor at the Columbia Law School, and papers delivered at that conference were published in a special number of the Columbia Journal of Asian Law (Vol. 19, No.1, Spring-Fall 2005) dedicated to him

He was trained as a China specialist in the United States and in Hong Kong for four years (1963-67) under grants from the Rockefeller Foundation, Columbia University, and the Foreign Area Fellowship Program. He has an A.B. degree with honors in history from Columbia College and LL.B., LL.M., and J.S.D. degrees from the Columbia Law School. He has also studied at the Faculty of Law and the Institute of Comparative Law of the University of Paris.


Publications

Books

China’s Legal Reforms
(Stanley Lubman, ed., Oxford University Press, 1996).
Bird in a Cage: Legal Reform in China After Mao (Stanford University Press, 2000).
Engaging the Law in China: State, Society and Possibilities for Justice (Neil J. Diamant, Stanley Lubman and Kevin O’Brien, eds., Stanford University Press, 2005).

Articles (Partial list)
"Mao and Mediation: Politics and Dispute Resolution in Communist China,"
Vol. 55, California Law Review, pp. 1284-1359 (1967).
"Form and Function in the Chinese Criminal Process," Vol. 69, Columbia Law Review, pp. 535-575 (1969).
"Methodological Problems in Studying Chinese Communist 'Civil Law'," in Contemporary Chinese Law: Research Problems and Perspectives, pp. 230-260 (J.A. Cohen, ed., Harvard University Press, 1973).
"Trade Between the United States and the People's Republic of China: Practice, Policy and Law," Vol. 8, Law and Policy in International Business, pp. 1-75 (1976).
"Contracts, Practice and Law in Trade with China: Some Observations," in Chinese Economy Post-Mao, Volume 1: Policy and Performance, A Compendium of Papers Submitted to the Joint Economic Committee, Congress of the United States, pp. 764-788 (November 1978).
"The Emerging Functions of Formal Legal Institutions in China's Modernization," in China Under the Four Modernizations, Papers Submitted to the Joint Economic Committee, Congress of the United States, pp. 235-289 (December 1982).
"Foreign Investment in China: Selected Legal Problems and Some Perspectives on Them," in Business Transactions with China, Japan and South Korea, pp. 4-1-4-42 (Saney and Smit, eds., Parker School of Foreign and Comparative Law, 1983).
"Comparative Criminal Law and Enforcement: China" in Encyclopedia of Crime and Justice, Vol. 1, pp. 182-193 (Sanford Kadish et al., eds., Free Press, 1983).
"Negotiations with Foreigners," Financial Times, Supplement on China (London), (December 9, 1985).
"Criminal Justice and the Foreigner," China Business Review, pp. 27-30, (November- December 1985) (with Gregory C. Wajnowski).
"Equity Joint Ventures in China: New Legal Framework, Continuing Questions" and "Technology Transfer in China: Policies, Practice and Law," in China's Economy Looks Toward the Year 2000, Selected Papers Submitted to the Joint Economic Committee, Congress of the United States, pp. 432-452 (1986).
“Technology Transfer to China: Policies, Law and Practice [Is this the same article as above? The title is different]," in Foreign Trade, Investment and the Law in the People's Republic of China, pp. 170-198 (Michael Moser, ed., Oxford University Press, 1987).
"Investment and ExportContracts in the People's Republic of China: Perspectives on Evolving Patterns," 1988 Vol. 3, Brigham Young University Law Review, pp. 543-565 (1988), reprinted in ISDACI, Diritto Commerciale E Arbitrato in Cina, pp. 171-208, (1991).
"Studying Contemporary Chinese Law: Limits, Possibilities and Strategy," Vol. 39, American Journal of Comparative Law, pp. 293-341 (1991).
"Technology Transfer to the People's Republic of China: Law, Practice and Policy" and "The Criminal Process" (with Gregory C. Wajnowski), Chapters 3 and 27, of Doing Business in China (Streng & Wilcox, eds., 2nd edition, 1993).
"International Commercial Dispute Resolution in China: A Practical Assessment" (with Gregory C. Wajnowski), Vol. 4, American Review of International Arbitration, pp. 107-178 (1993).
"Introduction," in China’s Domestic Law Reforms (Pitman Potter, ed., M.E. Sharpe, 1994).
"The Future of Chinese Law," China Quarterly No. 141, pp. 1-21 (March 1995)
"Moving From 'No' to 'Yes'," China Business Review pp. 45- 48 (May-June 1995).
"Sino-American Relations and China’s Struggle for the Rule of Law," East Asian Institute, Columbia University, Institute Report (October 1997) reprinted with afterword in China and Hong Kong (Joseph W. Delapenna & Patrick M. Norton, eds., Section of International Law and Practice, American Bar Association, 2000).
"The Policy and Legal Environment for Foreign Direct Investment in China: Past Accomplishments, Future Uncertainties," in Private Investments Abroad, (Matthew Bender, 1998).
"Deng and Dispute Resolution: 'Mao and Mediation' Revisited," Vol. 11, Columbia Journal of Asian Law pp. 229-391 (1997) [published in February 1999].
"Through a Glass, Dimly: Perceptions of China in the American Business Community," Problems of Post-Communism, March-April 2000, pp. 34-44.
"Bird in a Cage: Chinese Law Reform After Twenty Years," Vol. 20, Northwestern Journal of International Law and Business, pp. 383-424 (No.3, Spring 2000).
"Chinese Law," International Encyclopedia of the Social & Behavioral Sciences (Elsevier Science Ltd., 2001).
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"Chinese Courts and Law Reform in Post-Mao China," East Asian Law- Universal Norms and Local Cultures, pp. 205-233 (Arthur Rosett, Lucie Cheung and Margaret Y.K. Woo, eds., Routledge/Curzon, 2003)
"The Study of Chinese Law in the United States: Reflections on the Past and Concerns About the Future," Vol. 2, Washington University Global Studies Law Review, pp. 1-36 (Winter 2003).
"Introduction - The Environment for Foreign Business in China: Two Decades of Progress, Continuing Uncertainties," Doing Business in China (Freshfields, eds., Juris Publishing, Inc., 2004).
"L’Incomplète réforme par le droit," (with Leila Choukroune) Esprit, pp. 122-136. (No. 2, February, 2004)
"The Dragon As Demon: Images of China on Capitol Hill," Vol. 13, Journal of Contemporary China, pp. 541-606 (No. 40, August 2004).
"Law of the Jungle, " China Economic Review, Sept. 2004, pp. 24-25.
"Looking for Law in China," Vol. 20, Columbia Journal of Asian Law, pp. 1-92 (Fall 2006) [Printed it]
` "Introduction - The Environment for Foreign Business in China: Three Decades of Progress, Continuing Uncertainties," Doing Business in China (Michael J. Moser, ed, eds., Juris Publishing, Inc., 2008).