Mark Sidel

Doyle-Bascom Professor of Law and Public Affairs

Sidel, Mark

Contact

mark.sidel@wisc.edu
608-262-5608
Room 6104, Law School

PDF Icon Curriculum Vitae

Websites:
Mark Sidel (LinkedIn)

Education

AB (History), Princeton University
MA (History), Yale University
JD, Columbia Law School

Biography

Mark Sidel is Doyle-Bascom Professor of Law and Public Affairs at the University of Wisconsin-Madison. He has served for many years as consultant for Asia at the Washington-based International Center for Not-for-Profit Law (ICNL), focusing on China, India and Vietnam, and joined the ICNL board of directors in June 2022. In 2022-23 Sidel is also serving as visiting professor of law at Cardozo Law School in New York.

Sidel is affiliated for research with Liverpool Law School, Charity Law and Policy Unit (as Honorary Professor in Law); the Centre for Social Impact and Philanthropy (CSIP) in New Delhi; the US-Asia Law Institute (USALI) at NYU Law School; and the Center for Nonprofit Strategy and Management (CNSM) at City University of New York, Baruch College.

In 2016 and 2017 Sidel served as the Charles Stewart Mott Foundation Visiting Chair in Community Philanthropy at the Lilly Family School of Philanthropy at Indiana University; in spring 2018 as Ian Potter Foundation Fellow at the Australian Centre for Philanthropy and Nonprofit Studies in Brisbane; and in February-March 2020 as visiting scholar at the University of Western Australia Law School in Perth. 

In addition to his academic work, Sidel has served as president of the International Society for Third Sector Research (ISTR), the international academic association working to strengthen research on civil society, philanthropy and the nonprofit sector; on the Council on Foundations Community Foundations National Standards Board, the national accrediting and standard setting body for American community foundations and trusts; and on the boards of the Association for Research on Nonprofit Organizations and Voluntary Action (ARNOVA), the Society of American Law Teachers (SALT), and other organizations.

Advising and consulting assignments have included Indevelop/SIDA (Swedish International Development Cooperation Agency, on human rights programs in China); DANIDA (Danish Development Cooperation Agency, on human rights and legal reform programs in Vietnam); the Ford Foundation (on legal reform programs in China); the Norwegian Centre for Human Rights (on human rights and legal reform programming in China and Vietnam); the Bill and Melinda Gates Foundation (on philanthropic law and policy in China); and many other international and donor organizations. Over the past several years Sidel has assisted a wide range of US and other organizations with issues under the Chinese Overseas NGO Law.

Professor Sidel has served as Visiting Professor of Law at Harvard Law School, Melbourne Law School, Institut d'Etudes Politiques de Paris (Sciences Po, in the chaire Asie), Brooklyn, Cardozo, Victoria, Vermont, Miami and Denver law schools and other institutions, and as W. G. Hart Lecturer in Law at the School of Oriental and African Studies (SOAS) in the University of London. In 2008 he won the ICNL-Cordaid Civil Liberties Prize for his work on the impact of anti-terrorism law on civil society in comparative perspective, and in 2012 he was named to the Outstanding Academic Award by the Nonprofit Organizations Committee of the American Bar Association, Business Law Section. He is a graduate of Princeton University (A.B. in history), Yale University (M.A. in history), and Columbia Law School.

Professor Sidel has consulted or advised in a number of cases, including

Sidel has frequently served and is frequently cited as an appointed expert for British firms and courts in human trafficking cases involving Vietnam (on a number of occasions), China, and the Philippines.  He has also consulted with the U.S. State Department on human trafficking and labor law issues. 

Research and publications

Professor Sidel's research and writing focus on the nonprofit sector and philanthropy (with a focus on Asia and the United States); modern secessionary movements; and constitutional law in China and Vietnam.

In addition to scholarly and policy articles, his books include:

  • Regulatory Waves: Comparative Perspectives on State Regulation and Self-Regulation in the Nonprofit Sector (Cambridge University Press, 2017, ed. with Oonagh Breen and Alison Dunn)
  • Central-Local Relations in Asian Constitutional Systems (Hart Publishing, 2015, ed. with Andrew Harding)
  • State, Society and the Market in Contemporary Vietnam: Property, Power and Values (Routledge 2012; paper ed. 2015, ed. with Hue-Tam Ho Tai) 
  • Regulation of the Voluntary Sector: Freedom and Security in an Age of Uncertainty (Routledge 2010)
  • The Constitution of Vietnam: A Contextual Analysis (Hart 2009)
  • Law and Society in Vietnam (Cambridge University Press 2008)
  • Cinema, Law, and the State in Asia (Palgrave MacMillan 2007, ed. with Corey Creekmur)
  • Vietnam's New Order: International Perspectives on the State and Reform (Palgrave Macmillan 2006, ed. with Stephanie Balme)
  • More Secure, Less Free? Antiterrorism Policy and Civil Liberties after September 11 (University of Michigan Press 2004, updated 2nd ed. 2007)
  • Philanthropy and Law in South Asia (APPC 2004, ed. with Iftekhar Zaman, updated ed. 2007)
  • Old Hanoi (Oxford University Press, 1998)

Sidel's work has also appeared in ChinaFile, US-Asia Law Institute Perspectives, Nonprofit Policy ForumAlliance, ForeignPolicy.com, Nonprofit and Voluntary Sector Quarterly, International and Comparative Law Quarterly, Michigan Law Review, Voluntas, Third Sector ReviewAlliance, Michigan Journal of International Law, Pittsburgh Law Review, Texas International Law Journal, Tulane Law Review, Charity Law and Practice Review, UCLA Pacific Basin Law Journal, UC Davis Law Review, Chicago-Kent Law ReviewChina Quarterly, Asian Survey, SAIS Review, Signs, and other academic and professional journals, as well as in edited volumes.

Sidel is honored to have collaborated on research and writing with Stephanie Balme, the late Barnett Baron, Oonagh Breen, Corey Creekmur, Dana Doan, Alison Dunn, the late Peter Geithner, Andrew Harding, Robert JarvisDavid MarrHu Ming, David Moore, Christopher Pallas, Son Pham, Hue-Tam Ho TaiIftekhar Zaman, Zhang Qianjin, Zhang Ye and other distinguished colleagues.

External and earlier activities

Sidel has extensive experience in international philanthropic and funding communities. He served on the Ford Foundation team with Peter Geithner, Zhang Ye and other colleagues that established the Foundation's office in China and as the Foundation's first program officer for law, legal reform, and nonprofit organizations based in China (Beijing) in the late 1980s.

In the early and mid-1990s, he developed and managed the Ford Foundation's programs in Vietnam. Later he developed and managed the regional program on philanthropy and the nonprofit sector for the Ford Foundation in South Asia (New Delhi). Sidel also served on the Ford Foundation's Endowment Working Group and as a drafter of the Foundation's endowment handbook and has consulted for the Foundation. 

Before coming to Wisconsin, Sidel served as Professor of Law, Lauridsen Family Fellow, and Faculty Scholar at the University of Iowa. He serves on the boards of Asia Catalyst (US), The Rights Practice (US), and the ACLU of Wisconsin, and the advisory board for the Lin Centre for Community Development (Ho Chi Minh City). He is a member of the editorial or editorial advisory boards of the Nonprofit and Voluntary Sector Quarterly; Voluntas: International Journal of Voluntary and Nonprofit Organizations; Third Sector Review (Australia); USALI Perspectives (US-Asia Law Institute, NYU); Development in PracticeAsian Journal of Law and Society; and the Australian Journal of Asian Law (Melbourne).

Sidel practiced law with Baker & McKenzie in New York, Beijing and Hong Kong and is a non-active member of the New York bar. He speaks and reads Chinese and reads Vietnamese.

Updated June 2022

 

Scholarship & Publications

SSRN

Law Repository

Research Interests

  • Nonprofit and philanthropic organizations in the United States, China, India, Vietnam and in comparative perspective
  • Civil society and the law in Asia
  • Contemporary secessionist movements in the US, Australia and Canada
  • Comparative constitutionalism, particularly in China, Vietnam, and other parts of Asia
  • Human trafficking

Activities

  • Mark Sidel presented on civil society in Asia in the face of surging global authoritarianism, on the rise in restraints on citizen volunteering in Asia, and on trends in research on nonprofits and civil society in Asia during the annual meeting of the Association for Nonprofit Organizations and Voluntary Action (ARNOVA) Nov. 16-19, 2022.

  • Mark Sidel has been named honorary professor in law at Liverpool Law School. Sidel continues his work with the Law School and its Charity Law and Policy Unit on comparative nonprofit law and regulation. 

  • Mark Sidel presented at a workshop on charity law reforms in comparative perspective in London Sept. 23-24, 2022.

  • Mark Sidel presented at an in-person workshop on charitable and nonprofit regulation on Sept. 21, 2022, at Liverpool Law School.

  • Mark Sidel presented at a virtual conference at Nagoya University in Japan on Sept. 21, 2022. The conference marked the 20th anniversary of Nagoya's Centre for Asian Legal Exchange on donor legal assistance in Asia.

  • Mark Sidel discussed the challenges to and restrictions faced by Chinese philanthropy and civil society during an online forum convened by the Intellisia Institute at Jinan University in Guangzhou, China on Sept. 1, 2022. Under current circumstances in China, these events are relatively rare opportunities to speak with Chinese colleagues on complex issues.

  • Mark Sidel presented two papers on developments in Chinese law and civil society and organized several panels on China at the International Society for Third Sector Research conference in Montreal in July 2022.

  • Mark Sidel has been elected to the board of directors of the International Center for Not-for-Profit Law (ICNL), a Washington-based international organization that works in more than 80 countries around the world to improve the legal environment for civil society, philanthropy, and public participation. Sidel has worked with ICNL for many years as consultant for Asia with a focus on the legal and policy environment for civil society and philanthropy in China, India, and Vietnam.

  • Mark Sidel published a commentary for the U.S.-Asia Law Institute at New York University regarding the debates on the redrafting of China's omnibus Charity Law, which governs the nonprofit sector in China and has been widely criticized by Chinese academics, activists, and policymakers. Read the commentary

  • Mark Sidel gave the keynote address for the Research Conference on Philanthropy and Giving in India, which was convened by the Centre for Social Impact and Philanthropy at Ashoka University in New Delhi, April 28-29. The topic of the keynote was "Civil Society in Asia in the COVID Era: A Comparative Look at Key Themes Across the Region."

  • Mark Sidel presented during "Revolutionizing Gender, Health, and Sino-US Relations," a College of East Asian Studies student-led symposium hosted by Wesleyan University on April 22, 2022. 

  • Mark Sidel presented on China's constraints and restrictions on civil society at a workshop on legal reform programs in China organized by the University of Texas at Austin at the UT Austin Archer Center in Washington, D.C. on March 25, 2022.

  • Mark Sidel presented a paper on the impact of COVID-19-related regulation on civil society in China during a hybrid conference on "Governing Through Contagion: Perspectives Across Time and Space" held April 18-21, 2022, at the National University of Singapore.

  • Mark Sidel published with his colleagues Pham Truong Son (Tinh Than Foundation, Ho Chi Minh City) and Dana Doan (Lilly Family School of Philanthropy, Indiana University) an article in Alliance Magazine on philanthropy, civil society, and the state in Vietnam during COVID-19. Read the article.

  • Mark Sidel presented during "China-U.S. Relations: A View from the American Academic Sector" on Jan. 18, 2022. The talk was hosted by the Institute for Security and Development Policy, a Stockholm-based non-profit and non-partisan research and policy organization.

Teaching Areas

  • Comparative Law
  • Contracts
  • Human Trafficking and Involuntary Servitude
  • Nonprofit and Philanthropic Organizations
  • Torts
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