Law Commons^™

Historical Genealogy Of Japan's Judicial Reform: Its Achievements And Challenges, Shunsuke Marushima

UC Law SF International Law Review

No abstract provided.

State Courts And Transitory Torts In Transnational Human Rights Cases, Chimène Keitner

Faculty Scholarship

No abstract provided.

U.S. Preservation Requirements And Eu Data Protection: Headed For Collision, Tania Abbas

UC Law SF International Law Review

Large, multinational corporations today preserve vast quantities of electronic data out of fear that they will suffer sanctions under the Federal Rules of Civil Procedure for destroying evidence that could be relevant to ongoing or pending litigation. But, as U.S. companies hoard data, European regulators are stepping up enforcement of privacy laws that require the systematic elimination of data that identifies individuals without their consent. These laws, such as EU Directive 95/46, on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data, are arguably far-reaching and may affect data …

Redemption Deferred: Military Commissions In The War On Terror And The Charge Of Providing Material Support For Terrorism, Dana M. Hollywood

UC Law SF International Law Review

On June 24, 2011, the Court of Military Commission Review (CMCR) released its decision in the case of U.S. v. Hamdan, holding that material support for terrorism (MST) constitutes a law of war violation. The Court of Appeals for the D.C. Circuit granted certiorari and heard oral arguments in the case on May 3, 2012. The court released its decision on October 16, 2012, as this article was going to the publisher. This article argues that the charge of MST is not a violation of the law of war, and that is the conclusion ultimately reached by the D.C. Circuit. …

Japan's Judicial System May Change, But Its Fundamental Nature Says Virtually The Same: Recent Japanese Reforms On The Judicial Appointment And Evaluation, Takayuki Ii

UC Law SF International Law Review

No abstract provided.

Adjusting Course: Proposals To Recalibrate Japan's Law Schools And Bar Exam System, Eric C. Sibbitt

UC Law SF International Law Review

No abstract provided.

Information Freedom, A Constitutional Value For The 21st Century, Christopher Witteman

UC Law SF International Law Review

On July 2, 2012, Verizon filed a brief with the United States Court of Appeals, District of Columbia Circuit, stating that the open-network, antidiscrimination rules adopted by the Federal Communications Commission "violate[d] the First Amendment by stripping [Verizon] of control over the transmission of speech on [its] network." Verizon argued that its broadband network is its "microphone" and its "newspaper," essentially claiming the online communications of some 200 million Americans as its own.

This article first describes how the United States First Amendment and communications law have evolved to a point where Verizon's argument is plausible. It then compares our …

The Difficulty Of Enforcing American Family Law Judgments In Japan, James B. Kildunne

UC Law SF International Law Review

This Note examines modem Japanese family law, focusing particularly on Japan's failure to ratify the Hague Convention on the Civil Aspects of International Child Abduction and the difficulty that poses for parents seeking to enforce custody orders from their home country in Japan; the formal, functional, and cultural limitations within the Japanese legal system that make joint custody between separated parents very difficult to achieve; procedures in place in the United States at both the local and federal level to prevent international child abduction; and, finally, a recommendation that the United States utilize its unique relationship with Japan to urge …

Administrative Procedure And Foreign Antibribery Enforcement: Restoring Balance Through Procedural Transparency, Daniel R. Wilson

UC Law SF International Law Review

The Department of Justice and the Securities and Exchange Commission aggressively pursue and punish individuals and companies who bribe or attempt to bribe foreign officials in other countries pursuant to the Foreign Corrupt Practices Act of 1977 (FCPA). However, the FCPA as it is currently interpreted by the Department of Justice has been the object of growing criticism. The United States Chamber of Commerce has argued that good faith efforts to comply with the law are often unsuccessful and that statutory amendments are necessary to "secure clarity" with respect to enforcement policy. A year ago, the Department of Justice responded …

Circumstances That Would Prejudice Impartiality: The Meaning Of Fairness In Japanese Jurisprudence, Mark A. Levin

UC Law SF International Law Review

No abstract provided.

The Trials And Tribulations Of Japan's Legal Education Reforms, Daniel H. Foote

UC Law SF International Law Review

No abstract provided.

A Step In The Right Direction For Japan's Judicial Reform: Impact Of The Justice System Reform Council Recommendations On Criminal Justice And Citizen Participation In Criminal, Civil, And Administrative Litigation, Hiroshi Fukurai

UC Law SF International Law Review

No abstract provided.

Enforcing Online Arbitration Agreements For Cross-Border Consumer Small Claims In China And The United States, Philip Johnson

UC Law SF International Law Review

This Article analyzes the enforceability of provisions found in international business-to-consumer contracts that mandate online arbitration between the parties to resolve their disputes.

Specifically, the Article assesses the applicability of the New York Convention, Chinese law, and United States law to contracts that require online arbitration for disputes that arise out of low value transactions between businesses and consumers in China and the United States. The Article concludes with recommendations for changes in the law that aim to improve online dispute resolution, thereby promoting online commercial activity.

Managing The Conflict Between U.S. E-Discovery And The German Data Protection Act, Oliver Forster, Osama Almughrabi

UC Law SF International Law Review

This article describes both e-discovery in the United States and the German Federal Data Protection Act, the Bundesdatenschutzgesetz (BDSG). It details the conflicting demands of those institutions in the event of litigation, as well as the consequences for a company caught between them. Namely, e-discovery often requires the disclosure of vast amounts of electronically stored information held by a company, while the BDSG prohibits the disclosure of personal information outside of specific exceptions. Failure to disclose the data could result in significant sanctions in the U.S., while disclosing data can lead to large fines and constitutes a criminal offense in …

Successes, Failures, And Remaining Issues Of The Justice System Reform In Japan: An Introduction To The Symposium Issue, Setsuo Miyazawa

UC Law SF International Law Review

No abstract provided.

Japanese Legal Reform In Institutional, Ideological, And Comparative Perspective, Frank K. Upham

UC Law SF International Law Review

No abstract provided.

The Impact Of The Human Provincial Administrative Procedure Provisions, Peter Witherington

UC Law SF International Law Review

In April, 2008, Zhou Qiang, then the governor of Hunan Province (and current president of China's Supreme People's Court), presided over the adoption of the Hunan Provincial Administrative Procedure Provisions ("Provisions"). At its passage, this regulation represented the first comprehensive code of administrative procedure to be adopted in the People's Republic of China. This Note contends that Provisions represent a departure for administrative procedure in China, and should be viewed as a positive, if preliminary, step towards comprehensive rule of law.

Beginning with a brief overview of modern Chinese administrative law and its theoretical underpinnings, this Note presents the argument …

Forest Carbon (Redd+), Repairing International Trust, And Reciprocal Contractual Sovereignty, David Takacs

Faculty Scholarship

No abstract provided.