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Articles 31 - 35 of 35
Full-Text Articles in Law
Why Is The Japanese Supreme Court So Conservative?, Shigenori Matsui
Why Is The Japanese Supreme Court So Conservative?, Shigenori Matsui
All Faculty Publications
The Constitution of Japan, enacted on November 3, 1946, and effective as of May 3, 1947, gave the judicial power to the Supreme Court and the inferior courts established by the Diet, the national legislature, and gave the power of judicial review to the judiciary. Equipped with the power of judicial review, the Japanese Supreme Court was expected to perform a very significant political role in safeguarding the Constitution, especially its Bill of Rights, against infringement by the government. Yet, it has developed a very conservative constitutional jurisprudence ever since its establishment. This article examines why the Japanese Supreme Court …
Constitutional Precedents In Japan: A Comment On The Role Of Precedent, Shigenori Matsui
Constitutional Precedents In Japan: A Comment On The Role Of Precedent, Shigenori Matsui
All Faculty Publications
Japan is a civil law country, and the precedent of the Supreme Court is not binding on either the Supreme Court itself or lower courts. Judges are supposed to return to the text of the statute for each legal dispute and apply the rules to specific cases. Judicial decisions are not law to be applied by the courts. However, since judges have followed the precedent of the Supreme Court most of the time, these precedents have a de facto binding power even though they are not legally binding. In this Comment, the author focuses on constitutional law precedents to illustrate …
Political Protest, Mass Arrests, And Mass Detention: Fundamental Freedoms And (Un)Common Criminals, Debra Parkes, Meaghan Daniel
Political Protest, Mass Arrests, And Mass Detention: Fundamental Freedoms And (Un)Common Criminals, Debra Parkes, Meaghan Daniel
All Faculty Publications
“No Justice. No Peace.” The mass arrest and detention of over 1,105 people during the Toronto G20 summit in June 2010, including author Meaghan Daniel, prompted reflection on the connections between justice and peace and in particular, between peaceful protest, policing, detention and the justice system. The record breaking weekend of mass arrests and temporary detention of people described as “innocent bystanders” and “peaceful protestors” provoked an ongoing conversation about the criminalization of protest. It is the authors’ hope to extend this conversation beyond these (un)common criminals to the “every day” processes of criminalization and imprisonment that go largely unquestioned …
Two Paths For Developing Anti-Avoidance Rules, Wei Cui
Two Paths For Developing Anti-Avoidance Rules, Wei Cui
All Faculty Publications
The author discusses the administration of anti-avoidance rules in China, and puts forth the argument that anti-avoidance rules are being applied in China not only in the absence of the rule of law, but also parallel to the rule of law. He suggests that Chinese taxpayers and tax administrators collectively have the choice of pursuing discussions about the boundary between legitimate and illegitimate tax planning along two paths the rule of law figures as an important norm, while in the other it t, and he discusses how each works in China.
China: A New (Furtive) Approach To Taxing International Transportation Income, Wei Cui
China: A New (Furtive) Approach To Taxing International Transportation Income, Wei Cui
All Faculty Publications
Donghwa Industrial Corporation v. Weihai Huancui State Tax Bureau: China's New (Furtive) Approach to Taxing International Transportation Income