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Series

Faculty Scholarship

Litigation

1993

Articles 1 - 2 of 2

Full-Text Articles in Law

Will A New Restatement Help Settle Troubled Waters: Reflections, Aaron Twerski, J. A. Henderson Jan 1993

Will A New Restatement Help Settle Troubled Waters: Reflections, Aaron Twerski, J. A. Henderson

Faculty Scholarship

No abstract provided.


Longterm Strategies In Japanese Environmental Litigation, Setsuo Miyazawa Jan 1993

Longterm Strategies In Japanese Environmental Litigation, Setsuo Miyazawa

Faculty Scholarship

Japan's reputation for unusually strong emphasis on the avoidance of public conflict and therefore for de-emphasis of legal institutions suggests an arid, hostile environment for litigators, especially those who lack substantial resources. In a study of a quasi-class action lawsuit by Japanese air pollution victims, we find that litigation can be developed as a tool in the pursuit of a social movement's wider objectives despite the paucity of resources within the Japanese legal system. Our research documents the many ways in which the delays, obstacles, and costs that characterize the litigation environment in Japan have been either neutralized or turned …