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Full-Text Articles in Law

Japan's Constitution Across Time And Space, Carol Gluck Jan 2019

Japan's Constitution Across Time And Space, Carol Gluck

Center for Japanese Legal Studies

Constitutional reform is a matter of time, the time when the original and the revisions were drafted; and of space, the global context which comprises the transnational constitutional expanse that influenced all modern constitutions from the late eighteenth century on. Of the some 198 written constitutions now in force, more than half were promulgated during the past sixty years. The U.S. Constitution of 1787 is the oldest, and if one counts the 1947 Constitution as an amendment of the Meiji Constitution of 1889 – which formally and technically it was – Japan’s is the world’s tenth oldest written constitution still …


Rhetoric And Realism: The First Diet Debates On Japan's Military Power, Sheila A. Smith Jan 2019

Rhetoric And Realism: The First Diet Debates On Japan's Military Power, Sheila A. Smith

Center for Japanese Legal Studies

Article 9 has been the focus of legislative debate since Japanese leaders concluded the San Francisco Peace Treaty in 1952, ending the U.S. Occupation of their country. Conservatives and progressives alike sought to consider what this new constitution meant for Japan’s postwar defenses, and how it was to be translated into a rearmament policy. Until a new law was passed to create the Self Defense Force in 1954, these Diet debates offer a fascinating window on the effort to define what Article 9 meant, and the issues that provoked contention among political parties.

Most of the critical questions regarding how …


Implications Of Revision Of Article 9 Of The Constitution Of Japan On The Defense Policy Of Japan, Hideshi Tokuchi Jan 2019

Implications Of Revision Of Article 9 Of The Constitution Of Japan On The Defense Policy Of Japan, Hideshi Tokuchi

Center for Japanese Legal Studies

On December 20, 2018, a P-1 patrol aircraft of Japan’s Maritime Defense Force was flying within Japan’s exclusive economic zone (EEZ) in the Sea of Japan as part of ordinary intelligence collection and warning and surveillance activities, when it observed a destroyer, and a patrol and rescue vessel of the Republic of Korea (South Korea). While photographing the Korean vessels, the Japanese P-1 patrol aircraft was suddenly irradiated by a fire-control radar from the Korean destroyer. A crew member of the P-1 aircraft tried to communicate with the Korean ship in English, saying, “This is Japan Navy. This is Japan …


M&A In Japan: Reenergized, Center For Japanese Legal Studies Dec 2014

M&A In Japan: Reenergized, Center For Japanese Legal Studies

Center for Japanese Legal Studies

On December 4, 2014, a symposium called “M&A in Japan: Reenergized” was held at Columbia Law School (CLS). Mr. Hidemi Moue, CEO of Japan Industrial Partners (JIP), was the first speaker on this panel, sharing his thoughts on the development of Japanese M&A and current trends. Mr. Jonathan Rouner, the head of International M&A of Nomura Securities International, and Professor Curtis J. Milhaupt, the Parker Professor of Comparative Corporate Law and director of the Center for Japanese Legal Studies (CJLS) at CLS, each shared their perspectives on current and future trends for the M&A in Japan. Professor Hugh Patrick, the …


State Intervention And Private Enterprise: Japan, The U.S., And China, Center For Japanese Legal Studies Oct 2013

State Intervention And Private Enterprise: Japan, The U.S., And China, Center For Japanese Legal Studies

Center for Japanese Legal Studies

This conference addressed the topic of state intervention in private enterprise, comparing recent and historical trends in the United States, China, and Japan. Speakers and discussants addressed a broad range of topics relevant to the subject of intervention, from state-owned enterprises, to government buyouts of distressed firms, to regulation surrounding foreign direct investment. This event was co-hosted by the Center for Japanese Legal Studies (CJLS) at Columbia Law School, the Center on Japanese Economy and Business (CJEB) at Columbia Business School, and the Japan Economic Foundation (JEF).


Japan’S Experience With A New Jury (Saiban-In) System, Hironobu Takesaki Jan 2012

Japan’S Experience With A New Jury (Saiban-In) System, Hironobu Takesaki

Center for Japanese Legal Studies

For months, the Columbia Law School community looked forward to the visit of Chief Justice Hironobu Takesaki (LL.M. ’71), who was scheduled to deliver a lecture at the Law School on October 31, 2012. Two days before his visit, New York City was hit by Hurricane Sandy. As a result of disruptions to the Chief Justice’s travel schedule, we were unable to hold the event. Although we unfortunately did not have the honor of hosting the Chief Justice, we are able to share the remarks he planned to give that evening. We look forward to hosting Chief Justice Takesaki on …