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Japan On The Medieval Globe: The Wakan Rōeishū And Imagined Landscapes In Early Medieval Texts, Elizabeth Oyler Dec 2015

Japan On The Medieval Globe: The Wakan Rōeishū And Imagined Landscapes In Early Medieval Texts, Elizabeth Oyler

The Medieval Globe

This essay explores how the poetry collection Wakan rōeishū becomes an important allusive referent for two medieval Japanese works, the travelogue Kaidōki and the nō play Tsunemasa. In particular, it focuses on how Chinese poems from the collection become the means for describing Japanese spaces and their links to power, in the context of a changing political landscape.


Globalizing Approaches To Legal Education And Training: Canada To Japan, Trevor C. W. Farrow Oct 2015

Globalizing Approaches To Legal Education And Training: Canada To Japan, Trevor C. W. Farrow

Trevor C. W. Farrow

No abstract provided.


Regulating To Achieve Stability In The Domain Of High-Frequency Trading, Lindsey C. Crump Oct 2015

Regulating To Achieve Stability In The Domain Of High-Frequency Trading, Lindsey C. Crump

Michigan Telecommunications & Technology Law Review

High-frequency trading has become a darling of capital markets debate. This debate thrives because the true and long-lasting effects of high-frequency trading are still unknown. On one hand, high-frequency trading evidences recent and powerful advances in trading technology; on the other, it is said to harness speed at the expense of fairness, prudence, and stability. In part because of this duality, the regulation of high-frequency trading in the United States has been slow to develop. Other nations, however, have been quicker to react and to promulgate laws that directly, or indirectly, affect high-frequency trading. This Note explores the legal responses …


The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, Ronald C. Brown Aug 2015

The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, Ronald C. Brown

Ronald Brown

The so-called "traditions" of Japanese labor relations are being put into practice in the United States in adapted form by Japanese investors and are being adopted by U.S. companies as well. This Japanese-style labor relations is in effect - the "new labor relations" in the United States.


Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley Aug 2015

Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley

Paul Hanley

Despite Japan’s recent adoption of the the Hague Convention on the Civil Aspects of International Parental Abduction, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial oversight or guidance. Further complicating matters, when a marriage ends in Japan, joint-custodial rights usually end, with only one parent getting physical custody of a child. …


Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson Jun 2015

Prime Time For Japan To Take Another Step Forward In Lay Participation: Exploring Expansion To Civil Trials, Matthew J. Wilson

Akron Law Review

With Japan marking its three-year anniversary of the lay judge system, now is an ideal time to assess the progress of the new system, examine its effect on Japanese society, and explore future possibilities. More significantly, this paper asserts that the convergence of various forces makes this an ideal time to expand lay participation into the civil realm so as to enhance the justice process and fully achieve the objectives of Japan’s major legal reforms. Accordingly, this paper is separated into three sections. First, Part I details the underpinnings of Japan’s new lay judge system and examines its triumphs and …


Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans Jun 2015

Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans

Valerie P. Hans

No abstract provided.


Governing Disasters: The Challenge Of Global Disaster Law And Policy, Eric A. Feldman, Chelsea Fish Jun 2015

Governing Disasters: The Challenge Of Global Disaster Law And Policy, Eric A. Feldman, Chelsea Fish

All Faculty Scholarship

This chapter uses the analytical framework of transnational legal ordering (TLO) developed by Halliday and Shaffer and applies it to the area of law and disasters. In contrast to the increasingly transnational legal nature of social ordering highlighted by Halliday and Shaffer, it argues that the emergence of transnational regulatory networks and cross-border principles or policies in the area of disaster management has been uneven and incomplete. Although there are many factors that help to explain why the law/disasters area has resisted the trend toward “transnationalization,” two stand out. One is the relative dearth of national laws and policies governing …


Baker, Walter Arnold, 1937-2010 (Mss 539), Manuscripts & Folklife Archives Apr 2015

Baker, Walter Arnold, 1937-2010 (Mss 539), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 539. This small collection contains material related to legislative matters of interest to Kentucky legislator and jurist Walter A. Baker, Glasgow, Kentucky. Also includes files about several trips abroad and family material.


Coping With A New "Yellow Peril": Japanese Immigration, The Gentleman's Agreement, And The Coming Of World War Ii, Paul Finkelman Apr 2015

Coping With A New "Yellow Peril": Japanese Immigration, The Gentleman's Agreement, And The Coming Of World War Ii, Paul Finkelman

West Virginia Law Review

No abstract provided.


International Law - Employment Discrimination. Japanese Corporation Formed Under United States Law Must Comply With Terms Of Title Vii Of The Civil Rights Act Of 1964. Avagliano V. Sumitumo Shoji America, Inc., - U.S. -, 102 S. Ct. 2374 (1982)., Henry Cyrus Mar 2015

International Law - Employment Discrimination. Japanese Corporation Formed Under United States Law Must Comply With Terms Of Title Vii Of The Civil Rights Act Of 1964. Avagliano V. Sumitumo Shoji America, Inc., - U.S. -, 102 S. Ct. 2374 (1982)., Henry Cyrus

Georgia Journal of International & Comparative Law

No abstract provided.


Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley Mar 2015

Product Liability Law In Japan: An Introduction To A Developing Area Of Law, Younghee Jin Ottley, Bruce L. Ottley

Georgia Journal of International & Comparative Law

No abstract provided.


Taxation And Incentives In The Business Enterprise, David Gamage, Shruti Rana Feb 2015

Taxation And Incentives In The Business Enterprise, David Gamage, Shruti Rana

David Gamage

This book chapter discusses the tax perspective on business enterprise law with a comparative focus on the U.S. and Japan.


More Than Bric-A-Brac: Testing Chinese Exceptionalism In Patenting Behavior Using Comparative Empirical Analysis, Jay P. Kesan, Alan Marco, Richard Miller Jan 2015

More Than Bric-A-Brac: Testing Chinese Exceptionalism In Patenting Behavior Using Comparative Empirical Analysis, Jay P. Kesan, Alan Marco, Richard Miller

Michigan Telecommunications & Technology Law Review

Although many developing economies are increasingly influencing the global economy, China’s influence has been the greatest of these by far. Once hindered from competition by political and economic restrictions, China is now a major economic player. As China’s economic might has grown, so too has the demand for intellectual property protection for technologies originating from China. In this article, we present a detailed empirical study of Chinese patenting trends in the United States and the implications of these trends for the global economy. We compare these trends to patenting trends from earlier decades. Specifically, we compare Chinese patenting trends to …


Land-Value Taxation As A Method Of Encouraging Growth In Baltimore, Michael Safko Jan 2015

Land-Value Taxation As A Method Of Encouraging Growth In Baltimore, Michael Safko

University of Baltimore Journal of Land and Development

The events that occurred last May have left many residents of Baltimore wondering what can be done to rebuild their city better than it was before.1 One particular suggestion is the elimination of all current property taxes along with the implementation of a land-value tax (LVT).2 An LVT would tax property owners based on the unimproved land they own, rather than on the improvements and structures that have been built on the land.3 The argument follows that this method of taxation would incentivize property owners to develop their land, rather than leave it undeveloped so they can pay less in …


Sex, Censorship And Media Regulation In Japan: A Historical Overview, Mark Mclelland Jan 2015

Sex, Censorship And Media Regulation In Japan: A Historical Overview, Mark Mclelland

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

Over the past several decades alarmist reports about the supposed dangers of the sexualised nature of much Japanese popular culture have regularly featured in the English-language press. It has been claimed that Japan is 'awash' in all kinds of pornography, including child pornography (Larimer 1999; Fallows 1986: 38) and that insufficient attempts are made by the authorities to properly regulate the expression of sexual matters. A major concern of such reporting has been the supposed 'dark side' (McGinty 2002) of the manga (comics) which are ubiquitous in Japan and, since the 1980s, have become popular with young people worldwide. International …


'How To Sex'? The Contested Nature Of Sexuality In Japan, Mark J. Mclelland Jan 2015

'How To Sex'? The Contested Nature Of Sexuality In Japan, Mark J. Mclelland

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

There has been a tendency in English and other European-language reporting on Japan to stress the strangeness and otherness of Japanese values, particularly in regard to sexuality. Reports of Japanese immorality go back as far as the sixteenth century when the first Jesuit visitors to the country were appalled by open displays of cross-dressing and male-male sexual relations (Cooper 1965). After the ‘opening’ of Japan in the mid-nineteenth century, Victorian visitors were alternately intrigued and shocked by the government-regulated prostitution that took place in Japan’s many pleasure quarters. Commentators have noted how the figure of the geisha, in particular (albeit …


Introduction: Art And Activism In Post-Disaster Japan, Alexander Brown, Vera C. Mackie Jan 2015

Introduction: Art And Activism In Post-Disaster Japan, Alexander Brown, Vera C. Mackie

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

On 11 March 2011, the northeastern area of Japan, known as Tōhoku, was hit by an unprecedented earthquake and tsunami. The disaster damaged the Fukushima Daiichi nuclear power plant, one of a number of such facilities located in what was already an economically disadvantaged region.2 This led to a series of explosions and meltdowns and to the leakage of contaminated water and radioactive fallout into the surrounding area. Around 20,000 people were reported dead or missing, with a disproportionate number from the aged population of the region. Nearly four years later, hundreds of thousands of people are still displaced: evacuated …


Migrant Workers In Contemporary Japan: An Institutional Perspective On Transnational Employment., Hironori Onuki Jan 2015

Migrant Workers In Contemporary Japan: An Institutional Perspective On Transnational Employment., Hironori Onuki

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

Migrant Workers in Contemporary Japan is primarily concerned with changes in social institutions within the context of globalization and the implications of these changes for the lifestyles of people living and working in Japanese society.


New Media, Censorship And Gender: Using Obscenity Law To Restrict Online Self-Expression In Japan And China, Mark J. Mclelland Jan 2015

New Media, Censorship And Gender: Using Obscenity Law To Restrict Online Self-Expression In Japan And China, Mark J. Mclelland

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

The widespread take-up of Internet technologies from the mid-1990s has proven challenging to nation states that seek to limit access to ideas, information or images that the political class considers dangerous or inappropriate for the general population. As a largely deterritorialized technology, the Internet allows access to material that circumvents national legislatures and ignores local ratings systems and in so doing facilitates all kinds of inter-cultural and transnational flows of communication. Different countries have different sensitivities regarding the kinds of material that should not be freely available to their citizens and although the entry of such material is closely scrutinized …


Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman Jan 2015

Compensating The Victims Of Japan’S 3-11 Fukushima Disaster, Eric A. Feldman

All Faculty Scholarship

Japan’s March 2011 triple disaster—first a large earthquake, followed by a massive tsunami and a nuclear meltdown—caused a devastating loss of life, damaged and destroyed property, and left hundreds of thousands of people homeless, hurt, and in need. This article looks at the effort to address the financial needs of the victims of the 3/11 disaster by examining the role of public and private actors in providing compensation, describing the types of groups and individuals for whom compensation is available, and analyzing the range of institutions through which compensation has been allocated. The story is in some ways cause for …


The Responsibility Of Judges In Interpreting Tax Legislation: Japan’S Experience, Yoshihiro Masui Jan 2015

The Responsibility Of Judges In Interpreting Tax Legislation: Japan’S Experience, Yoshihiro Masui

Osgoode Hall Law Journal

This essay examines the Japanese judiciary’s approach to statutory interpretation of tax legislation in Japan. Its goal is to provide a positive, rather than normative, analysis of current Supreme Court of Japan (SCJ) tax jurisprudence. The analysis demonstrates that SCJ justices generally employ a literal approach when interpreting tax legislation, but with due regard to the objective and purpose of specific statutory provisions. This does not mean that SCJ justices constrain their reasoning based on an originalist approach to statutory interpretation. The analysis instead demonstrates that they make their own judgments, taking into account both the plain meaning of the …