Digital Commons Network^™

Trends Of Japan's Giant Leisure Industry: Pachinko, Ko Hirano, Kiyomi Takahashi

UNLV Gaming Research & Review Journal

Japanese law does not treat Pachinko as a form of gambling but rather as a leisure activity. Even though it is classified as a leisure activity, regulators still see a risk that Pachinko may stir up one's gambling spirit. Pachinko parlors are facing a reduction in number of visitors. Pachinko is becoming a popular investment for chain operators through domestic and foreign capital.

China's New Copyright Law Reforms: A Comparative Analysis, Shruti Rana, Garland Rowland

Shruti Rana

Nations and businesses around the globe have been battling over copyright protection rules, with industrialized nations pressuring developing nations to adopt Western-style copyright regimes. These battles have escalated as copyright piracy grows and developing nations struggle to formulate laws that will protect their own intellectual properties as well as those of industrialized nations. China is at the cutting edge of these debates; in the summer of 2012, China released transformative new proposals to modify its copyright rules. This Article, which we believe is the first in-depth academic piece analyzing China’s new reforms, critiques China’s new proposals and argues that China …

Constitutionalism: East Asian Antecedents, Tom Ginsburg

Chicago-Kent Law Review

To what degree can traditional Asian political and legal institutions be seen as embodying constitutionalist values? This question has risen to the fore in recent decades as part of a new attention to constitutionalism around the world, as well as the decline in orientalist perceptions of Asia as a region of oppressive legal traditions. This article juxtaposes East Asian analogues or antecedents of constitutionalism with a particular set of recent theoretical understandings of the concept of constitutionalism. After conducting a historical review of political and legal institutions in China, Japan and Korea, the article argues that we can indeed speak …

The Tsunami Of March 2011 And The Subsequent Nuclear Incident At Fukushima: Who Compensates The Victims, Michael Faure, Jing Liu

William & Mary Environmental Law and Policy Review

No abstract provided.

Assisted Suicide: A Tough Pill To Swallow, Mary Margaret Penrose

Pepperdine Law Review

No abstract provided.

Turbulence Ahead: The Future Of Law Schools In Japan, Shigenori Matsui

Journal of Legal Education

No abstract provided.

Legal Education Reform In Taiwan: Are Japan And Korea The Models?, Thomas Chih-Hsiung Chen

Journal of Legal Education

No abstract provided.

The Trans-Pacific Partnership And Japanese Politics, Eliot Francis Watson

Chancellor’s Honors Program Projects

No abstract provided.

Do Japanese Trade Secret Laws Finally Work? A Comparative Analysis Of Japanese And U.S. Trade Secret Law, Travis A. Flynn

Travis A Flynn

This paper will explore and analyze trade secret law in Japan, and how the recent revisions to Japanese trade secret law compares to the doctrine generally followed in the United States. This analysis begins with a very brief examination of the historical differences between the two regions with respect to trade secret protection. The paper then goes into a comparative statutory analysis of the Japanese Trade Secret law, examining each of the “elements” of trade secret misappropriation and comparing those to how they are applied in the United States. The next section examines the remedies and penalties available in Japan …

There's Something In The Water: The Inadequacy Of International Anti-Dumping Laws As Applied To The Fukushima Daiichi Radioactive Water Discharge, Darian Ghorbi

American University International Law Review

No abstract provided.

Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim

Indiana Journal of Global Legal Studies

This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case, on the claim that their admission would threaten social cohesion. Over the past two decades, both countries have made only incremental reforms to their immigration policies that fall short of alleviating labor shortages and the fiscal burdens of maintaining a large elderly population. Instead, prompted by the growth of so-called multicultural families …

Post-3.11 Australia-Japan Co-Operation: Facing Non-Traditional Security Challenges: Items Of Sentimental Value, Anne A. Collett

Faculty of Law, Humanities and the Arts - Papers (Archive)

To those for whom this talk and the photographs that accompany it may cause distress, I apologise, and hope that what I have to say will be taken in the spirit intended - that is, as a tribute to those who worked to find ways to alleviate distress, heal wounds, offer comfort and repair damage. This talk offers me (and I hope you as an audience) an opportunity to think through the meaning of 'connection', and the meaning of photographs, their relationship to collective memory and community, and their capacity to allow survivors and those who witness tragedy intimately or …

Book Review: Sato And Imai (Ed): Japan's New Inequality: Intersection Of Employment Reforms And Welfare Arrangements., Kirsti Rawstron

Faculty of Law, Humanities and the Arts - Papers (Archive)

Japan’s New Inequality is a study of the effects of changes in welfare arrangements and employment reforms in Japan since the collapse of Japan’s Bubble Economy in the late 1980s. This volume draws heavily on theories and methods of social stratification studies to explore three general areas: regular and non-regular divisions in labour markets (i.e. between permanent full-time and non-permanent part-time employees); changes in employment structures for women and the self-employed; and changes in family structure, the ageing population and welfare provisions. This volume provides a concise and up-to-date picture of income, wealth and employment inequalities in Japan.

The Philippines And Japan In America's Shadow, Peter M. Sales

Faculty of Law, Humanities and the Arts - Papers (Archive)

This book grew out of three intensive workshops and a great deal of collective brainstorming. The hard work has been worthwhile. As edited compilations go, this is a valuable collection that provides a number of insights into the occupation by the US of the Philippines from the beginning of the twentieth century and of Japan after the Pacific War. The project as a whole bears out the value of a collective enterprise that is planned and executed carefully and with a commonality of purpose. Many of the ideas that emerge from the shared focus are illuminating.

Prosecutors And Bargaining In Weak Cases: A Comparative View, Jenia I. Turner

Faculty Journal Articles and Book Chapters

One of the most controversial uses of prosecutorial discretion in plea bargaining concerns cases involving weak evidence of guilt. When a prosecutor bargains about the charges or even the facts in a case with weak evidence, at least three problems may arise. First, if the charge bargain is generous, it may coerce an innocent defendant to plead guilty. Second, such a bargain may let a guilty defendant off too easily, thus disserving the public and victim’s interests. Third, if the parties bargain about the facts, the result may distort the truth of the case.

In this book chapter, I examine …

The Law Of Medical Misadventure In Japan, Robert B. Leflar

Robert B Leflar

This paper offers a comprehensive overview of Japanese law and practice relating to iatrogenic (medically-caused) injury, with comparisons to other nations’ medical law systems. The paper addresses criminal sanctions for Japanese physicians’ negligent and illegal acts; civil law principles of substantive law and related issues of procedure, practice, and liability insurance; and administrative measures including health ministry programs aimed at expanding and improving the quality of peer review within Japanese medicine, and a recently implemented no-fault compensation system for birth-related injuries. Among the paper’s findings are these. Criminal and civil actions increased rapidly after highly publicized medical error events at …

A Constitutional Case For Amending Article 9, Craig Martin

Craig Martin