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Experience Not Logic
Experience Not Logic - 不经一事,不长一智



The China 5-Star Experience (Jul 4)
Several years ago, a friend and I took a car from Portland, Oregon to New York to visit his brother who had just started his summer associateship at a big fancy law firm. We arrived on a Friday afternoon after making stops at Yellowstone and Mount Rushmore. We met his brother in his office. I was wearing flip flops at the time--I felt like a jackass with each step. Somehow his brother was able to get off at 5pm (but I think it was with the caveat that he read some 1,000 pages over the weekend), and secure the firm's card for drinks.

Long story short, I woke up in some hotel room that ate into a huge chunk of the spare change I had left after blowing as much as my graduation money as I possibly could on fireworks at various firework depots on the drive cross country (I still have a seemingly endless satchel full in my closet). But, it wasn't the money I was thinking about as I awoke. Rather, I was wondering whether I had fallen asleep in a cloud for the bed in the most inexpensive roo...


Case Study in Fitting a Triangle into the Global Market (Jul 2)
This week's Economist print edition has an interesting case study about Chinese tire manufacturer that's On a roll, Triangle Group.

Triangle Group was founded by the Weihai government in 1976, and has since grown into one of the six largest domestic tire companies in China. The article notes that with its 1% global market share it is one of only two Chinese tire companies with "anything approaching a global market share." As with many SOEs, Triangle became big, bloated, and unprofitable by the early 1990s. Then, in 1993:
A powerful chairman was installed who could run a business and negotiate the country’s complicated politics. The company reworked contracts, imposed a new approach to discipline and rustled up money (presumably from Weihai, Triangle’s parent) to invest in the production of modern radial tyres. Workers wear uniforms determined by rank, and every detail of operations, from the typeface to be used in correspondence, to the company song, to how a phone should be answered ...


Carbon Emissions and Chinese Forest Fires (Jul 1)
DISCLAIMER: I don't want anybody getting any funny ideas about thinking that this post has anything to do with human GHG emissions being relatively harmless in comparison with the amount of emissions released by nature. Though climate change has happened quickly in the past, the data largely shows that the current climate change is being spurred on by man. Forest fires, as you'll read, are just currently of interest to me.

California, especially Northern California, is currently engulfed in forest fires. Growing up in a part of the the Santa Cruz Mountains called Bonny Doon, our largest struggles with nature were the rain's effect upon our power lines and an earthquake in '89. As a young man I was less equipped to understand the devastation wrought upon our landscaping by the deer. Despite growing up shrouded in redwood trees and pine trees, the threat of forest fire never seemed present. While attending college in Southern California, several forest fires have struck near to where I...



Posts of the Week: 6/23 - 6/29 (Jun 30)
Williams Loft Case Study About Sourcing in China at All Roads Lead to China

Restructuring Restructuring: State-Owned Enterprise Reform in the PRC (Part 3) at Boulder2Beijing

China Environmental Torts at China Environmental Law

is “no more chinese knock-offs” an empty threat? at China Esquire

China, India and Oil Prices at China Hearsay

Why Western Employers Are More Attractive to Many Chinese at The China Vortex



Anti-Circumvention: "We Must Find a Way, or We Will Make One" (Jun 27)
At some point I stumbled upon this 2007 article from King & Wood attorneys Seagull Song Haiyan and Xu Yuezhu, Computer Software Protection in China. Yeah, there's some interesting legal technical stuff in there about the different avenues to protect software in China, but what really interested me was a reference to "Jiangmin's 'logic lock,'" called a logic bomb by those whose logic was locked. The logic lock is a rudimentary anti-circumvention device employed by Jiangmin to thwart pirates. Graciously, the authors wrote a footnote explaining what exactly this 'logic lock' was:
In 1997, Jiangmin anti-virus Software Company suffered great loss because of software piracy, but they could not get effective legal protection. Therefore, "logic lock", a type of protection program security was installed on the software. When the decoded software was run by the pirate, the "logic lock" would be automatically activated, and frequent computer locks would occur. Users suffered great damage from "...


Tools: Shanghai FID Board (Jun 26)
Way back when I directed visitors to a MOFCOM site full of laws & regs., news, and (somewhat aged) cases related to foreign direct investment in China. Today, I stumbled across a Cliffs Notes version of the same material with a specific focus on Shanghai, Shanghai Foreign Investment Development Board. Nice condensed descriptions of many laws, plus many fulls laws. Just not as many as the MOFCOM site which can make it a bit unwieldy at times. Unfortunately the site's info is not current as of January 1, 2008, so you're not going to find info on the Labor Law or on the revised corporate tax law.

Does this post feel ironic to you?



The Intricacies of Lawsuits in the US (Jun 23)
I feel a special connection with stories about tort in the US. It has a lot to do with seeing Bill Lerach speak at my school about the justice he wrought in the world, pre-incarceration of course. Note to aspiring class action tort attorneys, it is not legal to give kickbacks from legal fees to your buddies that have standing any time there is corporate governance problems just because they own 1 share of every stock in the world. Bounties to named plaintiffs for 40 cents on the dollar to the attorney is not legal; besides you can never have as much style as Dog.

In the Sunday New York Times there is an article on tort reform by Jonathan Glater, To the Trenches: The Tort War is Raging On. The article is basically about how and why some dudes (that link is blocked here, I assume it's real) want to make civil lawsuits easier to file and win, and how and why other dudes (FYI, not blocked) are trying to make civil lawsuits harder to file and win. Interesting stuff, but American politics ...


Posts of the Week: 6/16/ - 6/22 (Jun 22)
I am now situated beyond the Great Firewall of China. My RSS is getting testy, and I apologize for not getting everything in here.

Soccer & China's Manhood at Pomfret's China
My favorite American journalism, the kind I read in anthologies, is 20th century sports journalism. I really appreciate the aesthetic. I'd link you to my favorite, "The Last American Hero," by Tom Wolfe, but JuniorJohnson.org is blocked. Regardless, John Pomfret writes that Chinese sports journalism is powerful for the subtext.

Dogs and Lawyers Not Allowed This is China

China Investigating Microsoft For Antitrust Violations. We Don't Think So. at China Law Blog
Thanks CLB, the web confused me.

Sometimes, The Market Just Wants To Go Down (Part II) at Managing the Dragon

China-US Strategic Economic Dialogue (SED): Round 4 at China Environmental Law

People's Daily on Obama and the U.S Election from Time China Blog

Restructuring Restructuring: State-Owned Enterprise Reform in the PRC (Part 1) at Boulder2Beijing

Series of Gr...


A "Green" Olympics (Jun 18)
Short video from Reuters by way of Scientific America, Beijing Goes Green For Olympics.

The video briefly discusses the airborne particle problems posed by factory pollution and sandstorms, as well as the measures that China's government is taking to to reduce airborne particles. A little yawn-inducing, but at then out of nowhere the reporter mentions that "even officials admit that all the changes were somewhat cosmetic and did not go far enough to green the city."
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