The extent and existence of "defensive medicine" -- excessive medical care to defend a physician against malpractice claims -- is a perennial subject of both policy and academic debate.  For example, malpractice liability and associated defensive medicine are among the most-cited reasons for escalating health-care spending in the United States.

In this colloquium, Dr. Brian Chen will present results from his research investigating the extent of defensive medicine in Taiwan. He studies the impact of a series of court rulings in Taiwan that increased physicians’ liability risks, and a subsequent amendment to the law that reversed the courts’ rulings, on physicians’ test-ordering behavior and propensity to perform Caesarean sections.  He finds that physicians faced with higher malpractice pressure increased laboratory tests as expected, but unexpectedly reduced Caesarean sections.  (The reduction in Caesarean deliveries may be due to the fact that liability risks were more closely aligned with physicians’ standard of care after the court rulings.) After the law was amended to negate the court decisions, physicians reversed their previous behavior by reducing laboratory tests and increasing Caesarean deliveries.

This pattern of behavior is highly suggestive of the existence of defensive medicine among physicians in Taiwan. In other words, by studying physicians' response to legal changes in Taiwan, we find that greater malpractice liability may, under certain circumstances, prompt physicians to perform more services without necessarily improving patient health.

Dr. Brian Chen recently completed his Ph.D. in Business Administration in the Business and Public Policy Group at the Haas School of Business, University of California at Berkeley. He received a Juris Doctor from Stanford Law School in 1997, and graduated summa cum laude from Harvard College in 1992.

Since the inception of reform and opening-up thirty years ago, China has established a record of astonishing economic achievements and is, or will soon be, surpassing Japan as the world's second largest economy, something few people would have imagined three decades ago.

The information and communications technologies (ICT) industry is the backbone of the Chinese export driven growth strategy, which many argue as the primary driver of China's economic growth. Recent ICT policy initiatives demonstrate China's shifting strategy in pursuing a different path for the next phase of economic growth.

Promoting indigenous innovation and strengthening information security may be considered the two major thrusts of Chinese ICT policy initiatives. Technical standards, IPR treatments, government procurement, and special industry incentives are some examples of the former domain; internet filtering, compulsory certification of information security product, and encryption control are examples of the latter.

Many of these initiatives are controversial in the international trade arena. However, the real challenges of these policy initiatives concern whether they work to achieve the Chinese government's goal of maintaining sustainable growth. This presentation will attempt to evaluate these challenges.

Dr. John C. Chiang was appointed as Director of Global Innovation Research Center at Peking University in June 2008. He joined PKU in February 2006 as Professor in the Department of Management of Technology at the School of Software and Microelectronics. Dr. Chiang is also President of USITO, the organization representing five major US IT industry trade associations and close to 50 individual U.S. IT companies in China, a role he has held since October 2008.

Dr. Chiang came to China in 2000, joining Motorola China as Deputy GM of the infrastructure business unit, spearheading its post-WTO strategy. He then moved to Motorola China HQ, serving as Senior Director of Strategy and Business Development. In 2003, he served as Director of Motorola China R&D Institute, and in 2004, he became the founding president of Motorola (China) Technologies, Limited.

From October 2006 to September 2008, Dr. Chiang was a Partner in DragonBridge Capital, a U.S.-based merchant bank with China as its primary serving market.

Dr. Chiang was born in Beijing, raised in Taiwan, and received the Ph.D. from Johns Hopkins University in 1975. He received the EMBA from Georgia State University in 1989.

After his academic career, Dr. Chiang joined Bell Laboratories in 1979, and later held progressive technical and managerial positions at Racal-Milgo, Hayes, and GTE. He was Senior Vice President of Operations at KG Telecom and led the launch of the first private mobile services in Taiwan, during 1997-2000.

Dr. Chiang currently also serves as the Vice Chair of the China Association of Standards and as an Investment Advisor to the Beijing Municipal Government.

Dr. Songs talk will focus on the question concerning interpretation and possible application of Article 121 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS), in particular its third paragraph, to the selected disputed offshore islands or rocks that are situated in the Sea of Japan, the East China Sea, and the South China Sea. A number of recent developments occurred in the East Asian waters that are relevant to or have the potential to give rise to the problem of interpretation and application of the said article will first be cited. Then, a brief summary of the development of the "Regime of Islands" at UNCLOS III will be given, focusing in particular on those proposals made by the participating delegations to amend or delete entirely Article 121(3) of UNCLOS. The views of the law of the sea experts on interpretation and application of Article 121(3) will be examined. Several selected examples of state practices with regard to the application or interpretation of Article 121(3) will then be provided. This is to be followed by discussing the interpretation and possible application of Article 121(3) to the selected disputed offshore islands that are situated in the East Asian waters. Finally, several suggestions for possible amendment to Article 121 or policy measures to help deal with the confusion found in Article 121(3) will be offered.

Yann-huei Song received his undergraduate degree from National Chengchi University, Taipei, Taiwan, a Master's degree in Political Science from Indiana State University, Indiana, USA, a LL.M. degree from the University of California School of Law (Boalt Hall), Berkeley, California, USA, a doctoral degree in International Relations from Kent State University, Kent, Ohio, USA, and a JSD degree from the University of California School of Law (Boalt Hall), Berkeley.

Following graduation from Kent State University, Dr. Song taught at Department of Political Science, Indiana State University as Assistant Professor in 1988. He then returned to his country and taught as an Associate Professor at Institute of Maritime Law, National Taiwan Ocean University, Keelung, Taiwan in 1990. Currently, Dr. Song is a research fellow at the Institute of European and American Studies, Academia Sinica, Nankang, Taipei, Taiwan, and distinguished professor of the Graduate Institute of International Politics at National Ching Hsing University (NCHU), Taichung, Taiwan. He is also dean of the Office of International Affaris at NCHU.

Dr. Song's research interests are in the fields of International Law of the Sea, International Fisheries Law, International Environmental Law, National Ocean Policy Study, Naval Arms Control and Maritime Security. He has published articles in journals such as Political Geography Quarterly, Asian Survey, Marine Policy, Chinese Yearbook of International Law and Affairs, Issues and Studies, The American Asian Review, Ocean Development and International Law, EurAmerica, Ecology Law Review, the International Journal of Coastal and Marine Law, The Indonesian Quarterly and others.

The Stanford China Program in cooperation with the Center for East Asian Studies will host a special series of seminars to mark 60 Years of the People's Republic of China (PRC). Over the course of the winter and spring terms, we will have six leading scholars, each examining one of the six decades of the PRC's history. Our premise is that history matters. The speaker on each decade will characterize their decade, note shifts within that time, identify the pivotal events, and discuss how the decade shaped what happened afterwards.

Barry Naughton is an authority on the Chinese economy, with an emphasis on issues relating to industry, trade, finance, and China's transition to a market economy. Recent research focuses on regional economic growth in the People's Republic of China and the relationship between foreign trade and investment and regional growth. He is also completing a general textbook on the Chinese economy. Recently completed projects have focused on Chinese trade and technology, in particular, the relationship between the development of the electronics industry in China, Taiwan and Hong Kong, and the growth of trade and investment among those economies. His book, Growing Out of the Plan: Chinese Economic Reform, 1978-1993, which was published in 1995, is a comprehensive study of China's development from a planned to a market economy that traces the distinctive strategy of transition followed by China, as well as China's superior growth performance. It received the Ohira Memorial Prize in 1996. Naughton is the author of numerous articles on the Chinese economy and is editor or co-editor of three other books: Reforming Asian Socialism: The Growth of Market Institutions, Urban Spaces in Contemporary China, and The China Circle: Economics and Technology in the PRC, Taiwan and Hong Kong. Naughton joined IR/PS in 1988 and was named to the Sokwanlok Chair in Chinese International Affairs in 1998.