Massachusetts Judges and Law Professors Promote Rule of Law in Central China

May 15-18, 2009:  As part of Consulate General Wuhan’s rule of law outreach programming, a 13-member delegation representing Massachusetts Superior Court, Massachusetts Appeals Court, Massachusetts District Court, Northeastern University Law School, and the University of Massachusetts teamed up with Consul General Lyle to make a special visit to Hunan during May 15-18 and effectively reached out to Central South University Law School, Xiangtan University Law School, Hunan High Court, Changsha Intermediate Court, and Xiangtan Intermediate Court, during a series of lectures, discussion sessions and meetings.

 

Retired Judge Peter Anderson (center) and CG Lyle led the U.S. delegation

Massachusetts Delegation met leaders of Central South University Law School

 

 

 

 

 

 

Professor Margaret Woo gave a lecture at Central South University Law School

The project was spearheaded by Retired Judge Peter Anderson, a 2008 Fulbright Specialist who has previously worked with Consul General Lyle on U.S. legal issues in other cities in China.  Consul General Lyle identified and secured the Hunan partners, and organized the Chinese participation in the project.   The delegation of U.S. experts chosen by the University of Massachusetts-Boston were Judge R. Peter Anderson (retired), Judge Christine McEvoy and Judge Christopher Muse of Massachusetts Superior Court, Judge Sydney Hanlon of Massachusetts Appeals Court, Judge Phyllis Broker of Massachusetts District Court, and Professors Margaret Woo and Daniel Givelber of Northeastern University School of Law.

 

A student engaged U.S. presenters at Central South University Law School

 

 

 

 

 

 

Massachusetts Delegation enjoyed a group photo session at Central South University Law School

Billing it as an “Exchange Program on the Chinese and American Approach to Evidence and Discovery in Civil Cases,” representatives of the McCormack Graduate School of the University of Massachusetts-Boston and its partner, the Massachusetts Judges Conference, conducted a day-long exchange seminar at Central South University Law School on May 15, interacting with a total of 60 law professors and students during morning and afternoon sessions.   The U.S. delegates repeated the program at Xiangtan University Law School on May 18, interacting with 140 informed and interested law professors and students who packed the conference room during the morning and afternoon sessions.  

 

CG Lyle and Massachusetts Delegation posed for a group photo at Xiangtan University

Judge Christine McEvoy addressed the Chinese participants at Xiangtan University Law School

Following a carefully organized curriculum, the Massachusetts judges and law school professors presented the law of evidence and procedures for the discovery of evidence in civil cases and engaged their Chinese counterparts in energetic and dynamic comparative law discussion sessions.   American judges and academics gave an overview of pre-trial and trial matters, differentiation between what is discoverable and what is admissible, and the purpose of procedural and evidentiary rules.  American judges explained the use of depositions, interrogatories, expert witness, comparison between civil and criminal burdens of proof, principle of relevance, claims of privilege, role of court in settling discovery disputes, exclusion of evidence at trial, dismissal of law suit and other remedies.   

 

Professors Liu Meixiang and Li Rong took turns to ask challenging questions

Judge Sydney Hanlon and Professor Danial Givelber engaged Chinese participants

Extended sessions of q-and-a followed each presentation.  In both law schools, Chinese law professors and students fully participated by taking turns in asking multiple questions on the complexity of U.S. legal system, challenging the American presenters, and clarifying their understanding as both sides carried out mutual exchange and discussion of advantages and disadvantages of the U.S. and Chinese discovery and evidence rules and procedures.   Witness protection, juvenile justice, jury system and adversarial process remain topics of heated discussion throughout the seminars.   As a direct result of the seminar at Xiangtan University Law School, both sides have agreed to plan a follow-up seminar in the U.S. with visiting Hunan judges and law professors.

 

Judge Phyllis Broker answered a question at Xiangtan University Law School

 

 

 

 

 

Informed and interested law school students at Xiangtan University asked multiple questions

Judge Christopher Muse addressed a complex question

 

 

 

 

 

At Consul General Lyle’s invitation, senior judges from Hunan High Court, and Changsha and Xiangtan Intermediate Courts attended evening meetings held after the university seminars to network with their U.S. counterparts.  The exchange resulted in an invitation from the Hunan courts for a return visit by Massachusetts judges and law professors.

 

U.S. and Chinese judges in Xiangtan, Hunan

Xiangtan judges, law professors and government officials with U.S. participants