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Comparative and Foreign Law

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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.


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.


Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel Jan 2010

Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel

Washington University Global Studies Law Review

A new government has taken power in Nepal. Intent on replacing the monarchical Hindu state with a secular democracy, it has promised a new constitution. Although the Nepali government is currently operating under an Interim Constitution, it remains to be seen what the post-monarchy judiciary will look like. Those involved in the drafting should pay careful attention to how specific provisions for court governance will impact both institutional and decisional judicial independence. The Interim Constitution calls for a judicial council but not a sufficiently independent one. The Interim Constitution also allows broad exercise of emergency powers, depriving the courts of ...


Expanding Judiciaries: India And The Rise Of The Good Governance Court, Nick Robinson Jan 2009

Expanding Judiciaries: India And The Rise Of The Good Governance Court, Nick Robinson

Washington University Global Studies Law Review

In recent years, courts have risen in power across the world, and the Indian Supreme Court has rightly been pointed to as an example of this global trend. In many ways the Indian Court has become a court of good governance that sits in judgment over the rest of the Indian government. This Article argues that the Court has expanded its mandate as a result of the shortcomings (real, perceived, or feared) of India's representative institutions. The Indian Supreme Court's institutional structure has also aided its rise and helps explain why the Court has gained more influence than ...


Expanding The Rule Of Law: Judicial Reform In Latin America, Linn Hammergren Jan 2005

Expanding The Rule Of Law: Judicial Reform In Latin America, Linn Hammergren

Washington University Global Studies Law Review

This article seeks to convey three main message concerning judicial reform in Latin America. First, over the past twenty years, reform formulas (or reform recommendations) have been implemented, to a large extent, in countries throughout the region. There are variations—one can argue about detail, one can even argue about whether the people who were implementing them really understood the purpose underneath the formula, but a lot has changed.

Second, the change—which has been structural and procedural to a large extent—has not necessarily brought the improvements in performance or output that were promised. At this point, those who ...


Expanding The Rule Of Law: Judicial Reform In Central Europe & Latin America, Peter J. Messitte Jan 2005

Expanding The Rule Of Law: Judicial Reform In Central Europe & Latin America, Peter J. Messitte

Washington University Global Studies Law Review

These remarks explore areas of judicial reform in Europe and Latin America. Particular attention is given to constitutional revisions, the establishment of courts, judicial career laws, trial transparency, and reformed codes of ethics. Despite several shortcomings, this paper optimistically highlights the progress of judicial reform in many countries.