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Full-Text Articles in Law
China's Company Law: Practicing Capitalism In A Transitional Economy, Anna M. Han
China's Company Law: Practicing Capitalism In A Transitional Economy, Anna M. Han
Washington International Law Journal
As China embarks on the road to transform itself from a planned economy to one in which market forces play an increasingly important part, the corporation will play a critical role in this transformation. By outlining past and existing economic policies, this article explores how these newly sanctioned corporations will operate in China's changing economy and points outs some of the difficulties which the Chinese will encounter. The article also recommends some steps necessary for the Chinese economy to fully enjoy the benefits of efficiently operated corporations.
Eastern Twists On Western Concepts: Equality Jurisprudence And Sexual Harassment In Japan, Leon Wolff
Eastern Twists On Western Concepts: Equality Jurisprudence And Sexual Harassment In Japan, Leon Wolff
Washington International Law Journal
A rich source of Japanese jurisprudence on sexual equality underlies Japan's emerging law against sexual harassment. With no law specifically outlawing sexual harassment, academics and the courts have invoked the principle of sexual equality to support their conclusion that Japanese law carries an implicit prohibition against acts of sexual harassment. In developing a legal case against sexual harassment, Japanese courts and academic commentators have introduced novel constructions of equality. The key innovations include relational equality, inherent equality and quantifiable equality. In presenting some of these Japanese contributions to equality jurisprudence, the hope is that feminist discourse on equality can take …
Changing The "Fourth Channels": Taiwan Tunes In To A New Cable Television Law, Sophia R. Byrd
Changing The "Fourth Channels": Taiwan Tunes In To A New Cable Television Law, Sophia R. Byrd
Washington International Law Journal
Threatened with potentially massive trade sanctions by the United States, Taiwan enacted the Cable Television Law in 1993 to regulate the so-called "Fourth Channels," hundreds of private cable operations that transmitted programming pirated from the United States and other sources. This Comment identifies the roots of the Fourth Channels and examines the U.S. and Taiwanese forces that gave rise to the cable law. The Comment analyzes major provisions of the law and explores the law's effects on both U.S. and Taiwanese interests.
China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez
China's Eugenics Law As Grounds For Granting Asylum, Graciela Gómez
Washington International Law Journal
China has instituted two controversial population control programs. First instituted in 1979, the One Child Policy seeks to control population growth by limiting the number of children born to married couples. The Maternal and Infant Health Care Law ("Eugenics Law"), effective June of 1995, has a stated purpose of improving the quality of the population by mandating sterilization for people with serious genetic defects. Implementation of the One Child Policy has led to forced abortion and involuntary sterilization. The Eugenics Law is likely to engender similar types of human rights abuses. Since 1989, the U.S. Board of Immigration Appeals has …
Environmental Protection Agreements In Japan And The United States, Susan Ridgley
Environmental Protection Agreements In Japan And The United States, Susan Ridgley
Washington International Law Journal
In an environmental protection agreement, local government regulatory authorities and the regulated industry enter into a binding written agreement that specifies limits on pollution and supplements the applicable regulatory requirements. They have been utilized in Japan for over twenty years. This Comment discusses the content and practical uses of these agreements as they have been used in Japan, and postulates their legal status under three theories: that such agreements are relational social contracts; that they are informal administrative guidance; and that they are civil contracts. The legal character of environmental protection agreements in Japan has never been well-defined, primarily because …
The 1992 Employment Service Act And The Influx Of Foreign Workers In Taiwan And Translation Of The 1994 Implentary Provisions, Dorothy S. Liu, Li Mingde, Judy Demarsh
The 1992 Employment Service Act And The Influx Of Foreign Workers In Taiwan And Translation Of The 1994 Implentary Provisions, Dorothy S. Liu, Li Mingde, Judy Demarsh
Washington International Law Journal
The 1992 Employment Service Act, the first major law in Taiwan to legalize the hiring of blue-collar foreign workers, was adopted to stem the tide of illegal aliens while alleviating Taiwan's labor shortage. The Act and its Implementary Provisions, however, have not resolved the problems caused by the influx of foreign labor. Taiwan's foreign labor policy has not curtailed the influx of illegal aliens, and in an effort to resolve the labor shortage without recognizing the consequences of importing foreign labor, Taiwan has encouraged the continuation of labor-intensive industries and has indirectly perpetuated the continuation of employer abuses against foreign …
An Explanation Of Japan's Product Liability Law, Thomas Leo Madden
An Explanation Of Japan's Product Liability Law, Thomas Leo Madden
Washington International Law Journal
Japan has been contemplating the implementation of a product liability system since 1972. After much discussion, the Product Liability Law (Law No. 85 (1994)) was finally promulgated on July 1, 1994. It came into force one year later on July 1, 1995. In Japanese the law is called Seizōbutsu Sekinin Hō. The original article explains the law's historical significance and practical impact. It is commentary in style and is meant to serve as a basic guideline to help both consumers and businesses understand their respective rights and obligations under this new law.
Suburban Sprawl Or Suburban Villages? Defining Planning Principles For New Land Development In Indonesia, Stephen Day
Suburban Sprawl Or Suburban Villages? Defining Planning Principles For New Land Development In Indonesia, Stephen Day
Washington International Law Journal
Indonesian land use regulations are increasingly designating areas where urban growth is either targeted or excluded, echoing a similar trend in other Pacific Rim nations. Yet as with growth planning in the United States, there is a near total lack of regulatory direction guiding the form or pattern of urban development within the target areas. Sprawling suburban development, essentially patterned after midcentury-style American models, is rapidly consuming the most desirable developable land. Although significant policy goals and legislation are emerging that may provide the basis for suburban land planning principles, neither the central nor provincial governments have consistently articulated such …
Why Japan's New Products Liability Law Isn't, Andrew Marcuse
Why Japan's New Products Liability Law Isn't, Andrew Marcuse
Washington International Law Journal
The statutory language of Japan's 1994 Products Liability Act envisions a strict liability regime that would replace the previous negligence-based regime. This Comment reviews the development of the previous products liability regime, then analyzes the 1994 Products Liability Act in relation to Civil Code articles 415, 570, and 709 as well as EC Directive 85/374, and the 1975 Draft Model Law on Products Liability. The Comment concludes that because the 1994 Products Liability Act incorporates the Civil Code articles and their judicial interpretations, without addressing any of several structural and procedural barriers to suit, the 1994 Products Liability Act cannot …
Legal Protection Of Trade Secrets In The People's Republic Of China, Yuan Cheng
Legal Protection Of Trade Secrets In The People's Republic Of China, Yuan Cheng
Washington International Law Journal
The increasing need for an adequate legal framework for the protection of trade secrets in the People's Republic of China led to the 1993 promulgation of the Law for Countering Unfair Competition ("LCUC"). The LCUC has removed some of the barriers to obtaining effective remedies. Under the LCUC, the injured party can rely on a legal definition of "trade secrets," sue third parties, and expect that authorities will investigate violations. Nevertheless, barriers to adequate protection for trade secrets remain. In discussing the legal framework for trade secrets protection, this Article illustrates how the ambiguity of the LCUC's relationship with other …
Judicial Creation Of Norms In Japanese Labor Law: Activism In The Service Of — Stability?, Daniel H. Foote
Judicial Creation Of Norms In Japanese Labor Law: Activism In The Service Of — Stability?, Daniel H. Foote
Articles
This Article begins by examining the judiciary's role in employment litigation. Part II then considers the implications of this and related examples of judicial creation of norms in Japan. Plainly, in this context the stereotype of a passive judiciary with little significance for private parties is inaccurate. Yet do these cases truly reflect judicial "activism"? What is their significance with respect to the separation of powers debate? Even with regard to the sphere of private ordering, what judicial philosophy do they reflect? This Article then examines the impact that this judicially created set of employment norms has had, both on …
Doctrine Of Equivalents After Hilton Davis: A Comparative Law Analysis, Toshiko Takenaka
Doctrine Of Equivalents After Hilton Davis: A Comparative Law Analysis, Toshiko Takenaka
Articles
This Article will address a number of major topics. First, it discusses the Federal Circuit's renewed interest in Graver Tank and the merger of the infringement test with the patentability test established by the Supreme Court in Graham v. John Deere Co. Then, this Article responds to the dissenting judges in Hilton Davis who emphasized the danger of uncertainty that stems from the in-principle application of the doctrine of equivalents. This response explains that the application of the doctrine does not increase the uncertainty in determining infringement but, rather, encourages clear, definitive claim drafting. It then examines the relationship …
Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka
Does A Cultural Barrier To Intellectual Property Trade Exist? The Japanese Example, Toshiko Takenaka
Articles
What is the so-called "cultural barrier to intellectual property trade?" No definition for this phrase readily came to me when I began exploring the topic. Japanese intellectual property scholars and professionals strongly suspect that their U.S. counterparts, who find institutional or economic explanations for discrepancies between European and American business customs, nevertheless tend to attribute the differences between Japanese and American business practices to cultural differences. Three popular arguments offered to substantiate this "cultural barrier to intellectual property trade" theory are: (1) the application of the concepts of competition and monopoly to intangibles such as technology and ideas is foreign …