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Articles 1 - 8 of 8

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“Chōsakan”: Research Judges Toiling At The Stone Fortress, Masako Kamiya Jan 2011

“Chōsakan”: Research Judges Toiling At The Stone Fortress, Masako Kamiya

Washington University Law Review

The Article describes the role of research judges in the Supreme Court of Japan. It outlines the functions of research judges under Article 57 of the Judiciary Act of 1947 which engage in research necessary for trial and adjudication of a court case. It highlights the supplementary provisions to Article 57 which include the appointment of instructors at the Legal Research and Training Institute (LRTI).


The Supreme Court Of Japan: Commentary On The Recent Work Of Scholars In The United States, Tokiyasu Fujita Jan 2011

The Supreme Court Of Japan: Commentary On The Recent Work Of Scholars In The United States, Tokiyasu Fujita

Washington University Law Review

In this Article, the author discusses the issues involving the Supreme Court of Japan (SCJ). It outlines the scholarly works of American law professors John O. Haley and David S. Law which focuses on the Japanese fiduciary. It stresses the gap between the perceived image and the reality of the Japanese fiduciary.


The Supreme Court And The Push For Transparency In Lower Court Appointments In Japan, Daniel H. Foote Jan 2011

The Supreme Court And The Push For Transparency In Lower Court Appointments In Japan, Daniel H. Foote

Washington University Law Review

An Article on the responsibility of the Japanese Supreme Court in the selection and appointment of lower court judges is presented. It highlights the articles from law professors which addresses the appointment of judges including Lawrence Repeta and J. Mark Ramseyer. It stresses the need to increase the transparency in the lower court appointment process.


Reserved Seats On Japan's Supreme Court, Lawrence Repeta Jan 2011

Reserved Seats On Japan's Supreme Court, Lawrence Repeta

Washington University Law Review

The Article examines the decision on the allocation of seats to private attorneys and scholars in the Japanese Supreme Court. It outlines the reallocation of reserved seats during the term of Chief Justice Ishida Kazuto from 1969 to 1973. It stresses the institutionalization of an appointment pattern designed to limit the individual rights declared in the Japanese Constitution.


Judicial Recruitment And Promotion: Responses To Professors Ramseyer And Repeta, Shin-Ichi Nishikawa Jan 2011

Judicial Recruitment And Promotion: Responses To Professors Ramseyer And Repeta, Shin-Ichi Nishikawa

Washington University Law Review

In this Article, the author comments on the issues addressed by law professors J. Mark Ramseyer and Lawrence Repeta about the appointment of judges in the Japanese Supreme Court. He stresses the difficulty in measuring the productivity of judges as a basis for judicial appointment. He outlines the significant role of the Advisory Committee for Appointing Justices of the Supreme Court in providing a list of judicial candidates.


Concerning The Japanese Public's Evaluation Of Supreme Court Justices, Tokuji Izumi Jan 2011

Concerning The Japanese Public's Evaluation Of Supreme Court Justices, Tokuji Izumi

Washington University Law Review

The Article focuses on the author's views concerning the decision of the Japanese Supreme Court towards the election of members in the House of Representatives and the House of Councilors. It highlights the Japanese Election Law which regulates the election of members in the Upper and Lower Houses. It stresses the disparities in voting power in large cities which violate the equality guarantee of the Japanese Constitution.


Introduction: Decision Making On The Japanese Supreme Court, David S. Law Jan 2011

Introduction: Decision Making On The Japanese Supreme Court, David S. Law

Washington University Law Review

The Article discusses various reports published within the issue including one by Shigenori Matsui on the abandonment of the task of the Supreme Court of Japan (SCJ) in performing judicial review, one by Stephen Givens on the court rulings of several cases involving corporate laws and another one by Hiroshi Itoh on the factors affecting the decision making of the SCJ.


Why Is The Japanese Supreme Court So Conservative?, Shigenori Matsui Jan 2011

Why Is The Japanese Supreme Court So Conservative?, Shigenori Matsui

Washington University Law Review

The Article explores the development of a conservative constitutional jurisprudence by the Japanese Supreme Court. It describes the process and the power of judicial review in the country. It stresses the reluctance of Japanese judges to consider the Constitution of Japan as a source of positive law to be enforced by the judiciary.