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Public Defenders' Offices In Brazil: Access To Justice, Courts, And Public Defenders, Alexandre Dos Santos Cunha

Indiana Journal of Global Legal Studies

This essay discusses the impact of public defenders' offices in promoting equality through the enforcement of the right to access to justice in Brazil. To achieve this goal, this note is divided into two parts.

Part I presents the Brazilian public defenders' offices, their history, institutional design, rights, and prerogatives. Part II discusses the role played by public defenders in the enforcement of the right to access to justice in Brazil, as well as the relations established between public defenders and courts. The Conclusion attempts to assess the sustainability of the Brazilian model, in order to determine if there is …

Law, Society, And Setsuo: Miyazawa’S Influence On Socio-Legal Studies, Eric A. Feldman

All Faculty Scholarship

What Setsuo has accomplished over these past 30 years is nothing short of remarkable. I can think of no other scholar within or outside of Japan who has had a greater impact on both the legal academic community and society more generally. Indeed, when Setsuo was still quite young he had already written a number of influential articles. But they turn out to represent only a fraction of his extraordinary output over the next years. In reflecting on Setsuo’s many achievements, I am particularly drawn to comment on three of them. First, his empirical and comparative law and society scholarship, …

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

Trevor C. W. Farrow

No abstract provided.

Reforming Knowledge? A Socio-Legal Critique Of The Legal Education Reforms In Japan, Annelise Riles, Takashi Uchida

Annelise Riles

This article critiques the current Japanese legal education reforms, modeled largely on the United States, by proposing a socio-technical framework for analyzing the distribution of legal expertise in a given society. On one side of the spectrum is the "monocentric" model of legal expertise, in which expertise is monopolized by the profession and legal literacy is low. On the other side of the spectrum is the "polycentric" model of legal expertise, in which a range of social and institutional actors share responsibility for legal expertise and legal literacy is high. If the U.S. is a more monocentric system, the Japanese …

Japan’S Legal Education Reforms From An American Law Professor’S Perspective, Jeffrey Lubbers

Reports

This paper describes and analyzes Japan’s reform of legal education. This reform that began in 2004—a new system of legal education, coupled with changes in the national bar examination and in the national legal training institute for successful exam-takers—was part of a wideranging national law reform movement in Japan. As a result, 74 universities across Japan established graduate-level “law schools,” most of which were added to pre-existing undergraduate law departments. The new law schools provide a degree equivalent to an American Juris Doctor (JD) degree. These law degrees became the main prerequisite for taking the national bar exam. The pass …

Reforming Knowledge? A Socio-Legal Critique Of The Legal Education Reforms In Japan, Annelise Riles, Takashi Uchida

Cornell Law Faculty Publications

This article critiques the current Japanese legal education reforms, modeled largely on the United States, by proposing a socio-technical framework for analyzing the distribution of legal expertise in a given society. On one side of the spectrum is the "monocentric" model of legal expertise, in which expertise is monopolized by the profession and legal literacy is low. On the other side of the spectrum is the "polycentric" model of legal expertise, in which a range of social and institutional actors share responsibility for legal expertise and legal literacy is high. If the U.S. is a more monocentric system, the Japanese …

The Ethical And Legal Basis For Student Practice In Clinical Education In The United States And Japan: A Comparative Analysis, Robert Rubinson

All Faculty Scholarship

Clinical legal education is currently undergoing a surge of interest and development in Japan. This raises numerous opportunities as well as difficulties. One of the most vexing issues concerns the scope of work a clinic student in Japan can do. This issue is particularly difficult given that in Japan there are currently no "student practice rules" so common in the United States.

The norms and rules governing what activities law students can perform in the United States might assist those interested in clinical education in Japan as they work through these issues. This article will attempt to do this. I …

Beyond Litigation: Legal Education Reform In Japan And What Japan's New Lawyers Will Do, George Schumann

University of Miami International and Comparative Law Review

No abstract provided.

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

Articles & Book Chapters

No abstract provided.

Overview Of Legal Systems In The Asia-Pacific Region: Japan, Junko Gono, Mitsutaka Hibino, Koh Hinokawa, Sonosuke Kamiya, Hirofumi Maki, Shigeki Nishiyama, Hirotoshi Osajima, Masahiro Oshima, Yurika Yamauchi

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of Japan. It further discusses aspects of legal education and legal practice in that country.

Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner

All Faculty Scholarship

Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.

The Professional In Legal Education: Foreign Perspectives, James Maxeiner

All Faculty Scholarship

Japan is about to change its system of legal education. In April 2004 Japan will introduce law schools. Law schools are to occupy an intermediary place between the present undergraduate faculties of law and the national Legal Training and Research Institute. The law faculties are to continue to offer general undergraduate education in law, while the law schools in combination with the national Institute are to provide professional legal education. A principal goal of the change is to produce more lawyers. Law schools are charged with providing "practical education especially for fostering legal professionals." But just what is professional legal …

Educating And Training Of Lawyers In Japan: A Critical Analysis, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

On American Legal Education Reform In Japanese Legal Education, Carl E. Schneider

Articles

The one hundredth anniversary of the Kyoto University Faculty of Law is the kind of splendid occasion when, as Justice Oliver Wendell Holmes remarked, a distinguished institution "becomes conscious of itself and its meaning." I can hardly express my pleasure at being invited to join in your celebration; but I must express my fear that I can add little to it. When Dean Tanaka kindly invited me, I should probably have declined, for I, a foreigner, can hardly know enough about an institution so central to the life of its country and its profession to speak of it and its …

Legal Education And The Reproduction Of The Elite In Japan, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

Noted Japanese Jurist Speaks Out Against Capital Punishment

Alfred Aman Jr. (1991-2002)

No abstract provided.

Litigation Abuse And The Law Schools, John W. Reed

Articles

At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …