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Full-Text Articles in Comparative and Foreign Law
Translation: The Korean Bar Association's Code Of Ethics For Attorneys, Wonji Kerper, Changmin Lee
Translation: The Korean Bar Association's Code Of Ethics For Attorneys, Wonji Kerper, Changmin Lee
Washington International Law Journal
No abstract provided.
Beyond The Fakultas'S Four Walls: Linking Education, Practice, And The Legal Profession, Stephen A. Rosenbaum
Beyond The Fakultas'S Four Walls: Linking Education, Practice, And The Legal Profession, Stephen A. Rosenbaum
Washington International Law Journal
More than fifty years after the first post-colonial Southeast Asian regional conference on legal education, commentators and educators do not necessarily agree on the appropriate curricular balance between theory, doctrine, and practice, or what role the government should play in directing the orientation of legal studies and careers in Indonesia’s law schools. The author argues in favor of legal education that is rich in experiential learning and integrates the involvement of practitioners and doctrinal faculty. This objective may be a relatively new reality in Indonesia, but also one that needs revitalization in other Southeast Asian nations and beyond. This article …
The Brave New World Of Lawyers In Japan Revisited: Proceedings Of A Panel Discussion On The Japanese Legal Profession After The 2008 Financial Crisis And The 2011 Tōhuku Earthquake, Bruce E. Aronson
Washington International Law Journal
In the United States, the 2008 financial crisis had a serious impact on a legal profession that had been growing strongly for three decades, highlighting fundamental issues concerning the business and educational models of both law firms and law schools. This raises the interesting question of how Japan, with its much shorter history of large law firms and professional law schools, has been affected by the 2008 financial crisis and the 2011 Tōhoku earthquake, tsunami, and nuclear reactor crisis. At a recent conference sponsored by the University of Washington School of Law and the law firm of Perkins Coie, a …
The Training, Appointment, And Supervision Of Islamic Lawyers In Singapore, Nik Hasyila Bte Nik Ibrahim
The Training, Appointment, And Supervision Of Islamic Lawyers In Singapore, Nik Hasyila Bte Nik Ibrahim
Washington International Law Journal
This article provides a snapshot of the administration of Muslim law as practiced in Singapore through the prism of the legal profession. In particular, it provides a brief background on the role of the legal profession in the administration of justice at the Syariah Court of Singapore. While it is beyond the scope of this paper to urge for institutional and legal reform, the paper nonetheless highlights the absence of a dedicated and specialized training program that can aid lawyers to be familiar with Muslim law and jurisprudence and provide better representation to their clients at the Syariah Court.
The Training, Appointment, And Supervision Of Islamic Lawyers In Indonesia, Ratno Lukito
The Training, Appointment, And Supervision Of Islamic Lawyers In Indonesia, Ratno Lukito
Washington International Law Journal
Lawyers who practice before Islamic courts play a crucial role in framing and presenting the issues for decision and in mediating between the courts that apply Islamic law and the public who have recourse to the state’s official Islamic legal institutions, but research on the professional training and governance of these lawyers is almost entirely lacking at present. This article offers a descriptive overview of the training, work, and professional regulation of Islamic lawyers in contemporary Indonesia. This material is presented in a clear format, structured to highlight key aspects of how these lawyers are trained, accredited, and organized. In …
The Training, Appointment, And Supervision Of Islamic Lawyers In The Federal Territories Of Malaysia, Amanda Whiting
The Training, Appointment, And Supervision Of Islamic Lawyers In The Federal Territories Of Malaysia, Amanda Whiting
Washington International Law Journal
Although much has been written about the place of Islam, as law and as religion, in Malaysia, considerably less attention has been paid to Islamic lawyers (“peguam syarie”). This article undertakes a preliminary examination of a topic that demands closer scrutiny, relying chiefly upon parliamentary acts, state enactments and the rules made pursuant to them, as well as in-depth oral history interviews with Islamic and secular lawyers that were recorded from May through August 2010. It describes the training and practice of Islamic lawyers in one jurisdiction of the federation of Malaysia—the Federal Territories of Kuala Lumpur, Putrajaya …
Legal Market Liberalization In South Korea: Preparations For Change, Hyung Tae Kim
Legal Market Liberalization In South Korea: Preparations For Change, Hyung Tae Kim
Washington International Law Journal
South Korea’s World Trade Organization membership requires the “Land of the Morning Calm” to liberalize its legal market. South Korea submitted its proposal for liberalization in the spring of 2003 and planned to begin opening its legal market in 2005. However, disagreements between South Korea and other World Trade Organization members over the scope of liberalization have led to a one-year negotiation period extension, pushing back the planned market opening to early 2007. The Korean Bar Association has strongly opposed liberalization, claiming that liberalization will lead to the foreign domination of South Korea’s legal market. On the other hand, most …
Ethical Standards Of Japanese Lawyers: Translation Of The Ethics Codes For Six Categories Of Legal Service Providers, Kyoko Ishida
Ethical Standards Of Japanese Lawyers: Translation Of The Ethics Codes For Six Categories Of Legal Service Providers, Kyoko Ishida
Washington International Law Journal
Today, Japanese attorneys and so-called "quasi-lawyers" (jun hōritsuka) face significant regulatory reforms to the legal services they provide. The justice system reform (shihō seido kaikaku) significantly expanded the scope of practice for quasi-lawyers in order to meet the country's growing need for legal assistance. Also, in November 2004 attorneys established new ethical standards which also apply to registered foreign business attorneys for the preparation of upcoming increase of population of attorneys. In contrast to the United States, where attorneys provide legal services almost exclusively, there are several licensed legal service providers other than attorneys (bengoshi …
China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller
China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller
Washington International Law Journal
Following China's accession to the World Trade Organization ("WTO"), the Chinese government issued new regulations governing foreign law firms in China. A number of commentators have analyzed these regulations to evaluate whether China is "'on track" to fulfilling the commitments it undertook to gain entry to the WTO. However, a more basic question that should be addressed is whether the new regulations meet China's goals in joining the WTO: to foster trade and economic development and to accelerate the growth of China's legal profession. Although China appeared willing to engage in significant liberalization of the legal services sector when it …
Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Part Ii, Kohei Nakabō, Yohei Suda
Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Part Ii, Kohei Nakabō, Yohei Suda
Washington International Law Journal
Based on the Judicial Reform Council's article, "Points at Issue in Judicial Reform," this paper analyzes basic issues regarding the current status of the Japanese attorney system and areas to be addressed in judicial reform. [This Article formed the basis of Mr. Nakabō's report at the thirteenth meeting of the Judicial Reform Council on February 22, 2000. It was originally published as the second part of a two part paper in SERIES JUDICIAL REFORM I: [LEGAL PROFESSIONAL TRAINING: THE LAW SCHOOL CONCEPT] (2000). The first part of the paper was translated in Kohei Nakabō, Judicial Reform and the State of …
Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Kohei Nakabō, Yohei Suda
Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Kohei Nakabō, Yohei Suda
Washington International Law Journal
Based on the Judicial Reform Council's article "Points at Issue in Judicial Reform," this paper presents basic issues on the current status of the Japanese attorney system and areas to be addressed in judicial reform. [[Translator's Note] This Article formed the basis of Nakabō's report at the twelfth meeting of Judicial Reform Council held on February 8, 2000. It was originally published as the first of a two part paper in SERIES JUDICIAL REFORM I: [LEGAL PROFESSIONAL TRAINING; THE LAW SCHOOL CONCEPT] (2000).]
Japan's New Patent Attorney Law Breaches Barrier Between The "Legal" And "Quasi-Legal" Professions: Integrity Of Japanese Patent Practice At Risk?, Lee Rousso
Washington International Law Journal
In order to increase the quantity of intellectual property related legal services made available to the public, the Japanese Diet enacted a complete revision of Japan's eighty-year-old Patent Attorney Law. Under the terms of the new law, which became effective on January 6, 2001, benrishi (patent attorneys) have authority to greatly expand their range of professional activities. The newly recognized activities encroach upon the statutory monopoly long enjoyed by Japan's bengoshi (attorneys). Furthermore, the new legislation gives the benrishi a professional domain that is inconsistent with the profession's credential requirements. This Comment argues that the revision is likely to have …
Exclusivity And The Japanese Bar: Ethics Or Self-Interest?, David Hood
Exclusivity And The Japanese Bar: Ethics Or Self-Interest?, David Hood
Washington International Law Journal
The Japanese bar maintains that ethical considerations mandate a low admission rate. However, the bar's limit on the number of lawyers in Japan has socioeconomic effects that extend beyond the legal profession. Also, because there are too few Japanese lawyers, "quasi-lawyer" legal substitutes have emerged to satisfy pent-up demand for legal services. This comment suggests that the Japanese bar should expand its membership in order to address the shortage of legal services in Japan. An expanded bar could also address many of Japan's hidden socioeconomic ills.
Alien Lawyers In The United States And Japan—A Comparative Study, Kaname Ohira, George Neff Stevens
Alien Lawyers In The United States And Japan—A Comparative Study, Kaname Ohira, George Neff Stevens
Washington Law Review
The steadily increasing economic and social contacts between Japan and the United States are illustrative of a development which has brought lawyers and laymen of all countries face to face with the need for more adequate, and accurate, information about the laws of all countries. Since the lawyer is the fount to which the informed layman turns for legal advice, it would seem quite natural for such a layman, faced with a problem involving foreign law, either to seek advice from his own attorney, or to turn to an alien admitted to the bar of the country, the laws of …
Admission To The Bar, Disbarment And Disqualification Of Lawyers In Japan And The United States—A Comparative Study, Kaname Ohira, George Neff Stevens
Admission To The Bar, Disbarment And Disqualification Of Lawyers In Japan And The United States—A Comparative Study, Kaname Ohira, George Neff Stevens
Washington Law Review
It is the purpose of this paper to discuss and compare the procedure for admission to the bar and the grounds for disbarment and disqualification of lawyers in Japan and the United States.