Law Commons^™

A Global Law Of Jurisdiction And Judgments: Views From The United States And Japan, Kevin M. Clermont

Cornell Law Faculty Publications

Japanese and U.S. legal systems, despite surprisingly similar doctrine and outlook on matters of jurisdiction and judgments, often clash: jurisdictions overlap and judgments may go unrespected, while parallel proceedings persist. The current outlook for harmonization through a multilateral Hague convention of general scope is bleak. These two countries are, however, ideally situated to reach a highly feasible bilateral agreement that would provide a better tomorrow in which jurisdiction was allocated appropriately and judgments were respected accordingly.

Standards Of Proof In Japan And The United States, Kevin M. Clermont

Cornell Law Faculty Publications

This article treats the striking divergence between Japanese and U.S. civil cases as to standards of proof. The civil-law Japan requires proof to a high probability similar to the criminal standard, while the common-law United States requires only that the burdened party prove the fact to be more likely than not. This divergence not only entails great practical consequences, but also suggests a basic difference in attitudes toward the process of trial.

As to the historical causation of the difference in standards of proof, civil-law and common-law standards diverged in the late eighteenth century, probably because of one system’s French …

Overview Of Legal Systems In The Asia-Pacific Region: Japan, Junko Gono, Mitsutaka Hibino, Koh Hinokawa, Sonosuke Kamiya, Hirofumi Maki, Shigeki Nishiyama, Hirotoshi Osajima, Masahiro Oshima, Yurika Yamauchi

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of Japan. It further discusses aspects of legal education and legal practice in that country.

The Myth Of Homogeneity And The 'Others': Foreign Labour Migration And Globalization In The Case Of Japan, Hironori Onuki

Faculty of Law, Humanities and the Arts - Papers (Archive)

This essay will examine the multi-dimensional dynamics of global labor migrations participating in and facilitated by globalization, by analyzing Japan's contemporary experience of rapidly intensified foreign labor immigration. Japan has not considered itself as a country of immigration until recently. Since Japan's prewar self-modernization period, conservative political discourse has conceptualized the modern nation-state as a racially homogeneous entity. This discourse established the cultural and political foundation for Japanese identity, and Japan's relationship with the outside world. Consequently, the incorporation of culturally and ethnically different Others has been deemed a threat to the harmony of Japan's homogeneous society. Yet, beginning in …