Law Commons^™

Four Views Of Japanese Attorneys, Daniel H. Foote

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The four articles translated below appeared in a special collection entitled: Bengoshi--san Monosatari-or, A Tale of Lawyers. This collection was No. 198 in the Bessatsu Takarajma series, a series that contains such other tides as: How to Develop Brain Power (Noryoku toreningu no gijutsu, No. 41), The Court Game (Salban gemu, No. 169), and The Dark Side of Real Estate (Fudosan no ura, No. 177). As these titles ·reflect, publications in the series are aimed at the mass market. not the world of academics. A further caveat is thatr as with the majority …

Civilizing The Savages: A Comparison Of Assimilation Laws And Policies In The United States And Australia, Craig J. Trocino

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No abstract provided.

Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar

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I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization.

Resolution Of Traffic Accident Disputes And Judicial Activism In Japan, Daniel H. Foote

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The topic of resolution of traffic accident cases in Japan has already seen two works in English: a 1989 article by J. Mark Ramseyer and Minoru Nakazato in the Journal of Legal Studies and a 1990 article by Takao Tanase in the Law and Society Review. Why yet another article?

First, despite the fine treatment of a wide range of issues in those articles, neither of those works gave much attention to what I regard as one of the most interesting and important aspects of the Japanese treatment of automobile accident cases: namely, the role of the judiciary and the …

The Challenge Of Asian Law, Whitmore Gray

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Several years ago, when U.S. trade across the Pacific finally surpassed that across the Atlantic, a small group of U.S. lawyers were already responding to the challenge of representing clients in transactions in Asia. While few had had the opportunity to take courses dealing with Asian law during their law school years, many entered the field because of undergraduate language and area studies courses. A few had taught courses dealing with Asia before beginning their law studies.

Advising The Neocapitalists, James J. White

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I write to reflect on what American lawyers can and will do for these emerging free market economies. I am more skeptical than most.

Deep Inner Lives, Individualism And People Of Honour, William I. Miller

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With the exception of St Augustine and perhaps Abelard, often praised as modern before their time, it is not unusual to find it maintained that the individual was not available in any serious conceptual, psychological or even sociological way before the seventeenth century. Our thick and deep self, according to this view, is thus a rather recent phenomenon. Some more expansive souls find the individual already emerging a century earlier, during the Reformation. Within the last three decades, medievalists, chagrined at being contemned by classicists on one flank and an alliance of Renaissance scholars, early modernists, modernists and post-modernists on …

Gasshūkoku Ni Okeru Hōgakkai To Hōjitsumukai [The Worlds Of Academics And Legal Practice In The United States], Daniel H. Foote

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I prepared this paper for a symposium entitled, "Academics and Practitioners in Japan and the United States: Can the Two Worlds Ever Meet?" When I saw the symposium title, my first reaction was that it might seem strange to ask whether the worlds of academics and legal practice can ever meet in the United States. After all, to a large degree the history of the law school in the United States has been that of an institution dedicated to the training of legal practitioners; the vast majority of US law professors are members of the bar; and many, if not …