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Full-Text Articles in Law

Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster Jan 2008

Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster

Michigan Journal of International Law

This Essay proceeds in four parts. Part I situates these lawsuits in the context of Japan's growing ethnic diversity. Part II analyzes a decade of racial discrimination lawsuits in Japan, ultimately synthesizing the elements of a compensable act of racial discrimination under current Japanese law. Part III begins with a brief examination of the role of international law in Japan before turning to discussions between the Japanese government and U.N. bodies regarding the proper treatment of foreigners in Japan and the desirability of anti-discrimination laws. Part IV then discusses several failed attempts by national and local lawmakers to pass anti-discrimination …


The E.U. Leniency Program And U.S. Civil Discovery Rules: A Fraternal Fight?, Roberto Grasso Jan 2008

The E.U. Leniency Program And U.S. Civil Discovery Rules: A Fraternal Fight?, Roberto Grasso

Michigan Journal of International Law

This Note provides a European perspective on the issues raised by In re Rubber Chemicals Antitrust Litigation (Rubber Chemicals), and expresses concern regarding the inconsistent approach taken by U.S. courts to the discoverability of the Leniency submissions. This Note also warns that this inconsistency may have a chilling effect on participation in the E.U. Leniency Program and may thus impede enforcement of European anti-cartel law.


Competing Legal Cultures And Legal Reform: The Battle Of Chile, James M. Cooper Jan 2008

Competing Legal Cultures And Legal Reform: The Battle Of Chile, James M. Cooper

Michigan Journal of International Law

This Article explores the competition that exists between U.S. and German legal cultures and examines Chilean legal reform efforts since the late 1990s as a case study of this competition. A country's legal culture is comprised of the self-governing rules and operations of national and regional bar associations, the format of legal education, the structure of the legal and judicial profession, the role of the judiciary, jurisprudential style, and the reputation of the legal sector according to the general public. The influence of predominant legal cultures on developing nations has been explored in a number of contexts, while the importance …


The Quest For Creative Jurisdiction: The Evolution Of Personal Jurisdiction Doctrine Of Israeli Courts Toward The Palestinian Territories, Michael M. Karayanni Jan 2008

The Quest For Creative Jurisdiction: The Evolution Of Personal Jurisdiction Doctrine Of Israeli Courts Toward The Palestinian Territories, Michael M. Karayanni

Michigan Journal of International Law

The thesis offered in this Article, marking three different stages in the development of the personal jurisdiction doctrine of Israeli courts toward the PT of the West Bank and the Gaza Strip, has two additional attributes. One concerns the doctrinal innovation in the general personal jurisdiction doctrine of Israeli courts that also took place as these different stages unfolded. The evolving status of the West Bank and the Gaza Strip over the years, together with the need of courts to reach conclusive results in the cases brought before them, made it necessary for courts to be creative in adjusting the …