Digital Commons Network^™

The "Right Of Silence" In Japanese Law, B. J. George, Jr.

Washington Law Review

The concept of a right of silence, particularly in the case of an accused person, was totally unknown in traditional Japanese law. Tokugawa procedure made no clear-cut distinction between civil and criminal or judicial and administrative proceedings; those embroiled in disputes were expected, indeed required, to make full revelation of everything which bore on the propriety of their activity. In what today would be a criminal proceeding, the defendant was expected to respond to questioning; and he could be tortured until he made the requisite statement. During the first decade or two of the Meiji period (1868-1912) some changes were …

Appendix: Opinion On Some Constitutional Problems—The Rule Of Law, Kenzo Takayanagi

Washington Law Review

Translator's Note: On July 19, 1963, at the 114th plenary session of the Commission on the Constitution, the late Professor Kenzo Takayanagi, its chairman, submitted a long opinion on constitutional problems. It was published as a 76-page appendix to the minutes of that session. The opinion was organized into nine sections: General Problems (an evaluation of the process of enactment, constitutional revision, constitutional interpretation, and the written style of the Constitution totalling 8 pages); The Emperor (7 pages); The Renunciation of War (9 pages); The Rule of Law (24 pages); The Parliamentary Cabinet System (19 pages); Finances (3 pages); Local …

Japanese Judicial Review Of Legislation: The First Twenty Years, Dan Fenno Henderson

Washington Law Review

The shift in 1947 from a political to a legal (or justiciable) constitution of Anglo-American design meant also a shift from professors to the courts as the authoritative expounders of the Constitution, though of course the leading critics and synthesizers are still the scholars. Soon followed, for the first time, a body of Supreme Court decisions which became the detailed sources of constitutional law, presaging adoption throughout the legal profession of a new juristic method in the public law field using scholarly theories where appropriate but rooted in case analysis. These changes in professional roles, sources and methods have caused …

Treaties And The Constitution, Isao Sato

Washington Law Review

Problems of the validity of treaties in a constitutional order concern aspects of both international and constitutional law. The chief concern of this article, however, is the effect of the Japanese Supreme Court's power of judicial review upon the validity of treaties in domestic law. The relationship of treaties and the Constitution long has been a favorite theme of Japanese international law scholars. Under the new Constitution it has become an urgent and unavoidable issue for constitutional law scholars as well; the present constitution, unlike the Meiji Constitution, has provisions, (Articles 81 and 98), which bear directly upon the problem.

Constitutional Law--Electronic Eavesdropping And The Right To Privacy, John Charles Lobert

West Virginia Law Review

No abstract provided.

Constitutional Law--Group Legal Practice--Unauthorized Practice Of Law, John Reed Homburg

West Virginia Law Review

No abstract provided.

Some Reminiscences Of Japan's Commission On The Constitution, Kenzo Takayanagi

Washington Law Review

On June 11, 1956, the Commission on the Constitution was created. Its duties, as laid down by the enacting statute, were "to examine the Constitution of Japan, to investigate and deliberate on problems related thereto, and to report the results to the Cabinet and through the Cabinet to the National Diet." When the work of the Commission on the Constitution was approaching an end in 1964, there was informal talk about attempting an English translation of at least the Final Report. For a variety of reasons, this idea failed to materialize. However, there have been at least two excellent articles …

Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa

Washington Law Review

The reform of administrative litigation under the new Constitution involves a shift from an "administrative state" to a "judicial state." This does not mean, however, that the system of administrative litigation is now the same as the system in the Anglo-American "judicial state." The distinction between public and private law is still maintained in Japan, and "administrative acts" (Gyosei-koi) are regulated by principles of public law quite different from rules applicable to private persons.

The Public Welfare Standard And Freedom Of Expression In Japan, Lawrence W. Beer

Washington Law Review

This article analyzes the constitutional right of free expression, exercised by political demonstrations, in the political context of contemporary Japan, where consensus among political parties on the constitutional framework itself is lacking. The Japanese people possess an unusually strong sense of cultural unity, and strong emphasis is placed on harmony and consensus in social relations. On the other hand, the excesses and strident tone of many mass demonstrations strikingly illustrate the absence of consensus between groups and the pervasive tendency toward "groupism" which distinguish the Japanese from the American political setting. Although the sociopolitical tensions may have become great in …

Constitutional Law - The Right Of A Labor Union To Provide Free Legal Counsel To Members - United Mine Workers V. Ill. State Bar Ass'n, 386 U.S. 941 (1967)

William & Mary Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Significant Interest Doctrine Extended to Marital Property Litigation

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Constitutional Law-Search and Seizure--Fourth Amendment Restrictions Apply to Electronic Eavesdropping When Conversations Are Private--Physical Trespass Test Discarded

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Constitutional Law-Section 5(a) (1) (D) Prohibiting Members of Communist-Action Organizations from Employment in Defense Facilities Held Unconstitutional Infringement Upon Freedom of Association

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Criminal Law--Evidence-Unauthorized Juror View Violates Sixth Amendment Right to Confrontation

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Domestic Relations--Intentional False Representation of Pregnancy Grounds for Annulment

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Income Tax--Corporations--Attorneys' and Accountants' Fees Incurred in Sale of Assets Pursuant to a Section 337 Liquidation Are Not Deductible

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Interest--Usury--Charging Debtor with Statutory Maximum Loan Fees …

Criminal Law And Procedure - Electronic Eavesdropping - Katz V. United States, 88 S. Ct. 507 (1967)

William & Mary Law Review

No abstract provided.

Criminal Law - Constitutional Law - Vagrancy Statutes And Due Process - Alegata V. Commonwealtb, 231 N.E.2d 201 (Mass. 1967)

William & Mary Law Review

No abstract provided.

A Constitutional Dilemma For Loitering Statutes?, Anon

Washington Law Review

Defendant was stopped on a public sidewalk by a police officer and asked to identify himself and account for his presence. He refused to comply with this request, and was arrested and charged with disorderly conduct. On appeal to the California District Court of Appeals, the lower court's dismissal was reversed. Held: One who loiters or wanders upon the streets or from place to place without apparent reason or business has no constitutional right to remain silent when the surrounding circumstances are such as to indicate to a peace officer as a reasonable man that the public safety demands that …

The Confusion Of Confinement Syndrome: An Analysis Of The Confinement Of Mentally Ill Criminals And Ex-Criminals By The Department Of Correction Of The State Of New York, Grant H. Morris

Buffalo Law Review

No abstract provided.

Constitutional Law—Administrative Inspections—Right To Refuse Inspector Admittance Without A Warrant, Michael P. Couture

Buffalo Law Review

Camara v. Municipal Court of the City and County of San Francisco 387 U.S. 523 (1967).

Constitutional Law—Involuntary Loss Of Citizenship For Voting In A Foreign Election Declared Unconstitutional, Alan R. Feldstein

Buffalo Law Review

Afroyirn v. Rusk, 387 U.S. 253 (1967).

"Public Interest" Standing For The Federal Taxpayer: A Proposal, Charles A. Zielinski

Buffalo Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Antitrust--Unincorporated Divisions of a Corporation May Be Separate Entities for Purposes of Antitrust Laws

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Constitutional Law--One-Year Residence Requirement as Condition of Eligibility for State Welfare Aid Held Unconstitutional

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International Law--Sovereign Immunity and Act of State--Hickenlooper Amendment Precludes Assertion of Act of State Where Act Is Violative of International Law

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Products Liability--Lender Held Liable for Gross Defects in Housing Development It Had Financed

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Taxation--Constructive Ownership Rules Automatically Applied to Section 302(b) (1)Dividend Equivalency Test

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Taxation--IRS Rules Organization Which Discriminates on Basis of Race Not Charitable

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antitrust, constitutional law, international law, products liability, taxation

A Constitutional Dilemma For Loitering Statutes?, Anon

Washington Law Review

Defendant was stopped on a public sidewalk by a police officer and asked to identify himself and account for his presence. He refused to comply with this request, and was arrested and charged with disorderly conduct. On appeal to the California District Court of Appeals, the lower court's dismissal was reversed. Held: One who loiters or wanders upon the streets or from place to place without apparent reason or business has no constitutional right to remain silent when the surrounding circumstances are such as to indicate to a peace officer as a reasonable man that the public safety demands that …

Constitutional Law--Executive Agreements--International Law--Executive Authority Concerning The Future Political Status Of The Trust Territory Of The Pacific Islands, Michigan Law Review

Michigan Law Review

It is fair to conclude that the President, even in the absence of express congressional authorization, has constitutional authority indeed, a constitutional duty-to carry out those obligations assumed under the Micronesian trusteeship agreement. Execution of this agreement lies within the scope of the authority given the President by the faithful execution clause and by his independent constitutional powers in the area of foreign policy. Thus, it is next necessary to determine the scope of the president's authority under the trusteeship agreement.

The Original Purpose And Present Utility Of The Ninth Amendment, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Conflict of Laws--Torts--Law of Jurisdiction with Predominant Interest in Resolution of Issue Applied

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Constitutional Law--Owner of Private Subdivision May Refuse To Sell to Negroes

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Eminent Domain--Compensation for Substantial Impairment of Riparian Owners' Right of Access Denied

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Taxation--Professional Service Corporations--Kintner Regulations Held Invalid

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Taxation--Recovered Charitable Contributions, Previously Claimed as Deductions, Are Gross Income In Year of Receipt

Compensability In Eminent Domain Of Lessee's Option To Purchase

Washington and Lee Law Review

No abstract provided.

Constitutional Law - Government Personnel And Loyalty Oaths - Whitehill V. Elkins, 389 U.S. 54 (1967)

William & Mary Law Review

No abstract provided.

Constitutional Law - Criminal Law - Right To Counsel At Probation Revocation Hearings - Mempa V. Rhay, 389 U.S. 128 (1967)

William & Mary Law Review

No abstract provided.

Along The Midway: Some Thoughts On Democratic Constitution-Amending, Clifton Mccleskey

Michigan Law Review

In the American political circus there is apt to be going on at any given time a number of sideshows pretty much unrelated to the action under the Big Top. Essentially harmless and perhaps even functional for the system, they include the activities of the anti-vivisectionists, campaigns to impeach the Chief Justice, and the fratricidal spasms of various Marxist-oriented splinter movements. Among these sideshows, however, one has been distinguished by its perennial character and by the attention given to it by otherwise sober and restrained persons. I refer to the attempt through state legislative petitions to get Congress to call …

Privacy And Freedom, Alan F. Westin

Washington and Lee Law Review

No abstract provided.

Disadvantages Of A Federal Constitutional Convention, Ralph M. Carson

Michigan Law Review

Article V says that on application of two-thirds of the states Congress "shall" call the convention for proposing amendments. The imperative color of this word cannot be disregarded. It leaves no discretion in Congress as to the convening of an article V assembly, although it may be consistent with some control by Congress over the modalities. A deliberate refusal on the part of Congress to call a convention, once the requisite number of state applications were in hand, may be expected, by enlarged analogy to what has been done in the recent civil rights cases and what is being proposed …

Proposed Legislation To Implement The Convention Method Of Amending The Constitution, Sam J. Ervin Jr.

Michigan Law Review

Article V of the Constitution of the United States provides that constitutional amendments may be proposed in either of two ways--by two-thirds of both houses of the Congress or by a convention called by the Congress in response to the applications of two-thirds of the state legislatures. Although the framers of the Constitution evidently contemplated that the two methods of initiating amendments would operate as parallel procedures, neither superior to the other, this has not been the case historically. Each of the twenty-five constitutional amendments ratified to date was proposed by the Congress under the first alternative. As a result, …