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Administering Justice In A Consensus-Based Society, Koichiro Fujikura
Administering Justice In A Consensus-Based Society, Koichiro Fujikura
Michigan Law Review
A Review of Authority Without Power: Law and the Japanese Paradox by John O. Haley
History Of The Foreign Lawyer In Japan, Patrick Duffin
History Of The Foreign Lawyer In Japan, Patrick Duffin
Brigham Young University Prelaw Review
The foreign lawyer in Japan has enjoyed periods of relative freedom to practice law as well as being subject to rigid restrictions limiting the accessibility of the legal market. The focus of this paper will be the significant events in the history of the foreign lawyer in Japan from the first influences of Western law in the late 1800's to the 1986 Special Measures Law Concerning the Handling of Legal Business by Foreign Lawyers.
Japanese Juvenile Justice: An Exploratory Look, Kym Rutherford
Japanese Juvenile Justice: An Exploratory Look, Kym Rutherford
Honors Theses
"Among industrialized nations, Japan has the lowest crime rate and is considered to have one of the best criminal justice systems in the world" (Thorton, 1992, p. 471). If this statement is true, what can the United States learn from Japan about crime reduction? Discussion shall focus on the chosen topic of juvenile justice. Two key questions arise when dealing with the overriding question of what the United States can learn from the Japanese justice system. First, what are the cultural factors that influence juvenile crime behavior in Japan? Second, how do the Japanese respond to their juvenile delinquents?
Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith
Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith
Michigan Journal of International Law
This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.
Longterm Strategies In Japanese Environmental Litigation, Setsuo Miyazawa
Longterm Strategies In Japanese Environmental Litigation, Setsuo Miyazawa
Faculty Scholarship
Japan's reputation for unusually strong emphasis on the avoidance of public conflict and therefore for de-emphasis of legal institutions suggests an arid, hostile environment for litigators, especially those who lack substantial resources. In a study of a quasi-class action lawsuit by Japanese air pollution victims, we find that litigation can be developed as a tool in the pursuit of a social movement's wider objectives despite the paucity of resources within the Japanese legal system. Our research documents the many ways in which the delays, obstacles, and costs that characterize the litigation environment in Japan have been either neutralized or turned …
Making America Competitive, Mark J. Loewenstein