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Full-Text Articles in Law
Capital Structure, Creditor Composition, And Insolvency Law In Japan, Benjamin T. Jones
Capital Structure, Creditor Composition, And Insolvency Law In Japan, Benjamin T. Jones
Washington International Law Journal
This article identifies potential relationships between the methods by which large firms in the business sector are externally financed and creditors’ determinations to resolve business failure through private negotiation or formal insolvency proceedings. Prior to the deregulation of Japan’s capital markets in the 1980s, large firms relied heavily on bank debt as a source of external capital. Consequently, their capital structures and their creditor compositions were relatively homogenous. Japanese banks appeared to primarily resolve the failure of their borrowers through private reorganizations or liquidations rather than court proceedings, and evidence suggests that creditor homogeneity was a favorable condition for the …
Cloudy Weather, With Occasional Sunshine: Consumer Loans, The Legislature, And The Supreme Court Of Japan, Shigenori Matsui
Cloudy Weather, With Occasional Sunshine: Consumer Loans, The Legislature, And The Supreme Court Of Japan, Shigenori Matsui
Washington International Law Journal
The Supreme Court of Japan, despite its well-known passive and conservative stance towards constitutional adjudication, occasionally shows quite a creative and liberal attitude. Recently, the Supreme Court of Japan has shown this attitude in its development of pro-consumer jurisprudence involving consumer loan cases. This development is still more noteworthy because the Supreme Court of Japan ignored the legislature’s intent to overturn its previous judgments and practically wiped out a statutory provision enacted by the legislature. As a result of this development, millions of consumers could demand refunds from consumer loan companies, and consumer loan companies went into serious financial troubles, …
The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley
The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley
Washington International Law Journal
Professor Haley is an outstanding international and comparative law scholar, widely credited with having popularized Japanese legal studies in the United States. In 1969, Haley received a fellowship from the University of Washington and was in one of the first classes to graduate from the Asian Law Program, now, the Asian Law Center. After working for several years in law firms in Japan, he joined the law faculty at the University of Washington, where he remained for nearly twenty-six years during which time he directed the Asian and Comparative Law Program. In June 2012, Professor Haley was awarded The Order …
Layers Of The Law: A Look At The Role Of Law In Japan Today, Andrew M. Pardieck
Layers Of The Law: A Look At The Role Of Law In Japan Today, Andrew M. Pardieck
Washington International Law Journal
In 1967, Professor Kawashima wrote about a world of vaguely defined rights and norms in Japan. This article argues that world still exists. But it now co-exists with a world that commonly defines rights, in great detail, and regularly invokes them. There are layers of the law in Japan. Primary ordering of relationships and services is often based on complex, legalistic contracts and regulation; secondary ordering is often based on equity, Japanese notions of equity. Examples from contract, employment, and environmental law and practice illustrate this. For each, this paper examines both sides of the coin—transactional ordering and litigated outcomes. …
Guangdong Province Regulation To Reward And Protect Persons Of Courageous Behavior, Annamarie C. Larson, Melody W. Young
Guangdong Province Regulation To Reward And Protect Persons Of Courageous Behavior, Annamarie C. Larson, Melody W. Young
Washington International Law Journal
The Guangdong Province Regulation to Reward and Protect Persons of Courageous Behavior emerged after the Foshan hit-and-run incident in 2011. This translation serves as a source of reference on the newly enacted legislation. The regulation was enacted on November 29, 2012 and is now in effect as of January 1, 2013. This translation is based on Bulletin No. 89 issued December 20, 2012 by the 11th Standing Committee of the People’s Congress of Guangdong Province.
Beijing Municipal Regulation To Reward And Protect Persons Of Courageous Behavior, Annamarie C. Larson, Melody W. Young
Beijing Municipal Regulation To Reward And Protect Persons Of Courageous Behavior, Annamarie C. Larson, Melody W. Young
Washington International Law Journal
The Beijing Municipal Regulation to Reward and Protect Persons of Courageous Behavior was enacted on April 21, 2000, and has been in force since August 1, 2000. This translation serves as a source of reference for context on the similar emerging legislation in Guangdong province. The translation is based on Beijing Municipal People’s Congress Standing Committee Bulletin No. 21.
Gene Patents In Australia: A Game Theory Approach, Kate M. Mead
Gene Patents In Australia: A Game Theory Approach, Kate M. Mead
Washington International Law Journal
Gene patent validity is one of the most controversial issues in patent law. In Australia, the question of whether to eliminate human gene patents has reached both Parliament and the federal courts. Opponents of gene patents argue that gene patents increase the cost of healthcare and impede progress in genetic research. Proponents respond that gene patents are essential incentives for the biotech industry, and that Australia has an obligation to recognize them under the WTO-administered Treaty on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). Because patents require inventors to publically disclose their discoveries, Australia’s rejection of the gene patent system …
Mexico's Missed Opportunities To Protect Irregular Women Transmigrants: Applying A Gender Lens To Migration Law Reform, Alyson L. Dimmitt Gnam
Mexico's Missed Opportunities To Protect Irregular Women Transmigrants: Applying A Gender Lens To Migration Law Reform, Alyson L. Dimmitt Gnam
Washington International Law Journal
Mexico is a transit country for hundreds of thousands of migrants traveling north. Due to economic liberalization, women increasingly migrate in search of employment opportunities, a phenomenon called the “feminization of migration.” As women migrate, they face high risks of sexual and gender-based violence, including sexual assault, rape, kidnapping, and trafficking. During transit, the impunity of organized criminal groups and corrupt state officials facilitate rampant abuse of women. Mexico’s former migration policy exacerbated women’s vulnerability to abuse by criminal organizations by pushing women into dangerous illicit migration channels. In response to the abuse of transmigrants, Mexico passed a sweeping migration …
The Aftermath Of Peng Yu: Restoring Helping Behavior In China, Melody W. Young
The Aftermath Of Peng Yu: Restoring Helping Behavior In China, Melody W. Young
Washington International Law Journal
Can money motivate heroic deeds? China believes so. After Xu XX v. Peng Yu developed a poor judicial precedent that lowered the evidentiary bar for plaintiffs in a personal injury claim, the media’s focus on the controversial reasoning of the case created public fear of civil liability. High-profile media attention on similar events that followed reinforced the fears that the Peng Yu case engendered and chilled helping behavior in China. Yet, a tragic hit-and-run accident involving a two-year-old child in Foshan, China reinvigorated the discourse on the restoration of helping behavior in China. Guangdong Province proposed new legislation to counteract …
Undrip And The Intervention: Indigenous Self-Determination, Participation, And Racial Discrimination In The Northern Territory Of Australia, Anna Cowan
Washington International Law Journal
The adoption of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) by the General Assembly in 2007 was a landmark achievement in the development of indigenous rights under international law, particularly through its unequivocal recognition of indigenous peoples’ right to self-determination. That same year, Australia launched a comprehensive Intervention into Aboriginal communities in the Northern Territory, which purported to safeguard important human rights but was heavily criticized for its discriminatory and non-consultative approach. This article explores the meaning of self-determination under international law, now that the long debate over whether indigenous peoples are “peoples” has finally been …
Protecting The Spiritual Beliefs Of Indigenous Peoples—Australian Case Studies, Michael Blakeney
Protecting The Spiritual Beliefs Of Indigenous Peoples—Australian Case Studies, Michael Blakeney
Washington International Law Journal
This article examines the extent to which the spiritual beliefs of Aboriginal and Torres Strait Islander Peoples are protected under current Australian law. The first significant recognition by the High Court of Australia of the legal rights of indigenous peoples was in relation to native title over real property. As those peoples define their status and society by reference to their relationship with the land, this article considers the ultimately unsuccessful attempt to protect their spiritual beliefs as an incident of native title law. It reviews a line of intellectual property cases which have been a more fruitful source of …
The Struggle For Laws Of Free, Prior, And Informed Consultation In Peru: Lessons And Ambiguities In The Recognition Of Indigenous Peoples, Elizabeth Salmón G.
The Struggle For Laws Of Free, Prior, And Informed Consultation In Peru: Lessons And Ambiguities In The Recognition Of Indigenous Peoples, Elizabeth Salmón G.
Washington International Law Journal
Despite the fact that Peru ratified ILO Convention 169 on December 2, 1993 and was therefore bound by those dispositions, it adopted public policies without consulting indigenous people. This lack of dialogue led to social conflict over the management of natural resources. In June 2009, a violent episode of social unrest emerged in the provinces of Bagua and Utcubamba during the government of Alan García after the entry into force of the United States-Peru Trade Promotion Agreement (“PTPA”). Indigenous people believed that PTPA aimed to sacrifice rainforest conservation for oil and mining exploitation. In this context, indigenous people grew frustrated …
Indigenous Restitution In Settling Water Claims: The Developing Cultural And Commercial Redress Opportunities In Aotearoa, New Zealand, Jacinta Ruru
Washington International Law Journal
Water is important to all peoples, including indigenous peoples. In recent years, the government in Aotearoa, New Zealand has utilized various cultural redress-type legal mechanisms to recognize and revive the importance of water to the Maori people’s identity, health, and wellbeing. These mechanisms create revolutionary modern opportunities for Maori to participate in the decision-making of how specific waters are used and protected. In particular, the negotiated agreements for the Te Arawa Lakes, and the Waikato, Waipa, and Whanganui rivers are studied in this article as prominent examples of how the government has agreed to, for example, co-management regimes. With the …
Recognizing The Feminization Of Displacement: A Proposal For A Gender-Focused Approach To Local Integration In Ecuador, Johanna L. Gusman
Recognizing The Feminization Of Displacement: A Proposal For A Gender-Focused Approach To Local Integration In Ecuador, Johanna L. Gusman
Washington International Law Journal
The feminization of displacement refers to the phenomenon in which women represent an increasingly disproportionate percentage of displaced populations worldwide. The objective of this comment is to raise awareness of this growing problem and recommend that policymakers craft legal responses to better address this reality, using Ecuador as an example. Specifically, this comment outlines how a gender-focused approach to local integration in Ecuador can rectify a refugee policy that never once mentions gender and is silent on the most pressing issues facing refugee women and girls in the area: sexual and gender-based violence. Through the proposal put forth in this …
China's Foreign Invested Partnership Enterprise Law: The Lifeless Or Sleeping Dragon?, Samuel H. Shaddox
China's Foreign Invested Partnership Enterprise Law: The Lifeless Or Sleeping Dragon?, Samuel H. Shaddox
Washington International Law Journal
Investors and the Chinese government tout the March 2010 authorization of the Foreign Invested Partnership as an exciting new method for foreign investment in China. However, this comment argues that the Foreign Invested Partnership is not likely to become a vibrant short or long-term platform for foreign direct investment. The historical trends of China’s three other vehicles for foreign direct investment from 1979 to the present provide two key conclusions. First, foreign investors will not utilize Foreign Invested Partnerships until they receive detailed implementing regulations from China’s central government. Second, support or restrictions from the Chinese government can drive or …
The Role Of Anti-Money Laundering Law In Mobile Money Systems In Developing Countries, Emery S. Kobor
The Role Of Anti-Money Laundering Law In Mobile Money Systems In Developing Countries, Emery S. Kobor
Washington Journal of Law, Technology & Arts
This Article explains that the application of anti-money laundering (AML) regulation, supervision, and enforcement is relevant to financial inclusion, but is not, in itself, necessarily determinative of the success or failure of financial inclusion initiatives or their impact on economic growth. Successful payments system innovation, particularly payment tools targeting underserved markets, requires effective entrepreneurship operating in an environment of good governance and rational economic policies. AML safeguards help to deter corruption and other forms of financial crime, which helps to establish and maintain economic stability and preserve the rule of law, creating a supportive environment for innovation and financial inclusion. …
Confucian Jurisprudence In Practice: Pre-Tang Dynasty Panwen (Written Legal Judgments), Norman P. Ho
Confucian Jurisprudence In Practice: Pre-Tang Dynasty Panwen (Written Legal Judgments), Norman P. Ho
Washington International Law Journal
Most scholarship on Chinese legal philosophy has neglected the study of Confucian jurisprudence in practice. As a result of this incomplete portrayal, scholars predominantly view the premodern Chinese Confucian legal tradition as lacking a rule of law system, which has led to blaming Confucianism for much of China’s modern and historical rule of law problems. This article seeks to complicate this view by examining Confucian jurisprudence in practice: specifically, the development of pre-Tang dynasty panwen (written legal judgments). Through analysis of specific panwen from various Chinese primary sources—many of which have never been translated into English—this article will show that …
Punishing The Pen With The Sword?: Colombia's New, Extreme, And Ineffective Punishment For Plagiarism, David Cromwell
Punishing The Pen With The Sword?: Colombia's New, Extreme, And Ineffective Punishment For Plagiarism, David Cromwell
Washington International Law Journal
The Colombian Supreme Court of Justice recently sentenced a professor to two years in prison for plagiarizing a student’s thesis, an extreme punishment by both comparative and Colombian standards. Despite its severity and global ramifications, the decision has received little attention within the English-speaking legal community. This comment provides an overdue analysis of the case and clarifies the current state of Colombian copyright law, both on the books and on the ground. The comment argues that while the case has clarified that plagiarism is a crime in Colombia, addressing academic plagiarism through criminal punishment will likely do little to deter …
Where Are We Now And Where Should We Head For? A Reflection On The Place Of East Asia On The Map Of Socio-Legal Studies, Setsuo Miyazawa
Where Are We Now And Where Should We Head For? A Reflection On The Place Of East Asia On The Map Of Socio-Legal Studies, Setsuo Miyazawa
Washington International Law Journal
Collaborative Research Networks (“CRNs”) developed to encourage and facilitate and collaboration between scholars with shared academic interests. CRN33 (East Asia) is fairly new. This article, which is based on a speech given by the author, examines the status of East Asia in socioeconomic literature, explores the growing prevalence of East Asia as a topic in general theory-building in socio-legal studies, and suggests methods for placing East Asia in a more central position for future socio-legal scholarship. The author emphasizes that scholars in the field of East Asian legal studies should work harder to introduce those outside the field to the …
Colombia's Poetic World Of Authors' Moral Rights: Consideration On Imprisoning A Professor For Plagiarism, Carlos Castellanos Rubio, David Cromwell
Colombia's Poetic World Of Authors' Moral Rights: Consideration On Imprisoning A Professor For Plagiarism, Carlos Castellanos Rubio, David Cromwell
Washington International Law Journal
The following is a translation of Carlos Castellanos Rubio’s article in the June 2011 edition of La Revista de Derecho, Comunicaciones y Nuevas Tecnologías, a Colombian legal periodical. The article discusses a 2010 Colombian Supreme Court of Justice decision that sentenced Professor Luz Mary Giraldo to two years in prison plus monetary and civil sanctions for plagiarizing a student’s thesis, “The Poetic World of Giovanni Quessep.” The decision has been controversial in Colombia for a variety of reasons, and many have accused the Court of judicial activism. Much of this criticism stems from the Court convicting Giraldo of violating …
Reverse Revolution: Russia's Constitutional Crisis, Sarah E. Cox
Reverse Revolution: Russia's Constitutional Crisis, Sarah E. Cox
Washington International Law Journal
Russia is experiencing a crisis that threatens the continued relevance of its Constitution. This is demonstrated first by Vladimir Putin’s return to the presidency and the political crisis it has fueled. Second, it is shown by the Constitution’s inability to remedy the political crisis due to the collapse of separation of powers and federalism in Russia, and severe party underdevelopment. Part A of this note discusses Russia’s political crisis, namely the demise of democracy. Part B discusses the Constitution’s injuries, specifically the collapse of federalism, the demise of the separation of powers, and the state’s party underdevelopment. Together, these factors …
Fatal Flaws: New Zealand's Human Tissue Act Fails To Provide An Avenue For Individuals To Give Legally Binding Informed Consent, Jennifer J. Howard
Fatal Flaws: New Zealand's Human Tissue Act Fails To Provide An Avenue For Individuals To Give Legally Binding Informed Consent, Jennifer J. Howard
Washington International Law Journal
Improving the worldwide organ transplantation rate is an important goal for the world health community. Thousands of people die each year waiting for organs that would save their lives. New Zealand has one of the poorest rates of transplantation in the Western world. In 2008, New Zealand passed the Human Tissue Act in an attempt to improve the number of donors and ultimately increase the number of transplants performed. To promote the autonomy of individuals, the new law prioritized who can give informed consent for organ donation upon death, with individuals’ actions and intentions being paramount. The law allows individuals …
Prosecution Review Commissions, The Public Interest, And The Rights Of The Accused: The Need For A "Grown Up" In The Room, Carl F. Goodman
Prosecution Review Commissions, The Public Interest, And The Rights Of The Accused: The Need For A "Grown Up" In The Room, Carl F. Goodman
Washington International Law Journal
The recent amendments to Japan’s Inquest of Prosecution Law (popularly called the Prosecution Review Commission (“PRC”) Law) give the eleven lay member PRC (and their court appointed lawyers) unreviewable authority to compel the prosecutions and appeals of defendants who the professional prosecutor service has determined do not require indictment and prosecution. Viewed as “democratic” because it brings lay participation to the criminal justice system, the PRC process differs sharply from the American Federal Grand Jury because it places ordinary citizens at risk of potential retribution and the political system at risk of possible “gaming” of the process for political advantage, …
Constitutional Provisions Making Sharia “A” Or “The” Chief Source Of Legislation: Where Did They Come From? What Do They Mean? Do They Matter?, Clark B. Lombardi
Constitutional Provisions Making Sharia “A” Or “The” Chief Source Of Legislation: Where Did They Come From? What Do They Mean? Do They Matter?, Clark B. Lombardi
Articles
The constitutions of many Arab countries provide that Islamic law ("shari'a") is a "source" of national law. Indeed, some make shari'a norms "a chief source," of state law. Other stronger provisions even declare them to be "the chief source" or "the only source" of legislation. There has been surprisingly little historical scholarship about these clauses, either in Arabic or in Western languages. There has also been almost no systematic comparative scholarship looking at the way that these clauses have been interpreted in different countries. In both Western scholarship and in popular Arab discourse one finds considerable confusion about where these …
Privacy And Security Concerns Associated With Mobile Money Applications In Africa, Andrew Harris, Seymour Goodman, Patrick Traynor
Privacy And Security Concerns Associated With Mobile Money Applications In Africa, Andrew Harris, Seymour Goodman, Patrick Traynor
Washington Journal of Law, Technology & Arts
The rapid adoption of mobile money use in Africa raises concerns regarding the privacy and security of users, particularly in light of Financial Action Task Force recommendations requiring user transparency and the collection of transaction data. The transparency required of the now-financially-included—particularly in nations with weak adherence to the rule of law and limited privacy protections—leaves users vulnerable to abuse. Further, the increasing complexity of mobile phone use that is indicative of mobile money applications raises concerns regarding Africa’s preparedness for heightened security threats that come hand in hand with increased use. To address these problems, the authors of this …
The Trials And Tribulations Of Japan’S Legal Education Reforms, Daniel H. Foote
The Trials And Tribulations Of Japan’S Legal Education Reforms, Daniel H. Foote
Articles
A sense of momentum accompanied the start of Japan's new legal education system in the spring of 2004. Less than three years had passed since the Justice System Reform Council (the Reform Council) issued its final report in June 2001, proposing a major restructuring of Japan's legal training system centered on a new tier of graduate level law schools. And less than a year and a half had elapsed since the details of the law school system were decided and enabling legislation passed. Despite the tight timetable, sixty-eight law schools were ready to commence operations in 2004, having arranged facilities, …
Mobile Money, Financial Inclusion And Financial Integrity: The South African Case, Vivienne A. Lawack
Mobile Money, Financial Inclusion And Financial Integrity: The South African Case, Vivienne A. Lawack
Washington Journal of Law, Technology & Arts
The usage of mobile banking and in particular, payments by means of mobile phones, has increased in recent years in South Africa, with consequent impacts from a legal and regulatory point of view. South Africa is a developing economy with a large “unbanked” sector. That is, a large segment of the population does not have bank accounts and “banking” happens through informal means. This Article deals with the legal and regulatory framework pertaining to mobile money and examines issues relating to financial integrity and financial inclusion as they present themselves in South Africa. The author states that the regulatory framework …
M-Payments In Brazil: Notes On How A Country's Background May Determine Timing And Design Of A Regulatory Model, Gilberto Martins De Almeida
M-Payments In Brazil: Notes On How A Country's Background May Determine Timing And Design Of A Regulatory Model, Gilberto Martins De Almeida
Washington Journal of Law, Technology & Arts
Extended periods of high-inflation in Brazil have resulted in a sophisticated platform for payment methods and a vast network of banking correspondents all over the country. Social policies have encouraged increased access to telecommunications, with the number of mobile phones exceeding the nearly 200 million inhabitants. Governmental programs intend to combine such strengths to achieve massive financial inclusion and integrity, an effort that is expected to reach dozens of millions of new beneficiaries. In that endeavor, authorities wish to foster rapid popularization of mobile payments (m-payments) while keeping sound financial controls. Availability of current technological and legal platforms has allowed …
Safaricom And M-Pesa In Kenya: Financial Inclusion And Financial Integrity, Mercy W. Buku, Michael W. Meredith
Safaricom And M-Pesa In Kenya: Financial Inclusion And Financial Integrity, Mercy W. Buku, Michael W. Meredith
Washington Journal of Law, Technology & Arts
The recent and widespread availability of affordable mobile phone technology in developing countries has paved the way for the development of a number of mobile money and electronic remittance services. One of the most successful of these services is Safaricom’s M-PESA program, launched in the East African nation of Kenya in March 2007. Since then, the program has successfully enrolled 15.2 million users, transferred more than US$1.4 trillion in electronic funds, and contributed significantly to poverty alleviation and financial inclusion efforts in rural Kenya. This Article seeks to trace the development of M-PESA in Kenya, provide a snapshot of the …
Designing Islamic Constitutions: Past Trends And Options For A Democratic Future, Clark B. Lombardi
Designing Islamic Constitutions: Past Trends And Options For A Democratic Future, Clark B. Lombardi
Articles
In recent years a growing number of countries have adopted constitutional provisions requiring that state law respect Islamic law (sharia). Muslims today are deeply divided, however, about what types of state action are consistent with sharia. Thus, the impact of a "Sharia Guarantee Clause" depends to a large degree on questions of constitutional design -- on who is given the power to interpret and apply the provision and on what procedures that they follow when making their decisions. This article explores the trends that gave rise to SGCs and provides a history of their incorporation into national constitutions. It then …