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Full-Text Articles in Law

Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert Sep 2001

Citizen Participation In Judicial Decision Making: Juries, Lay Judges And Japan, Richard O. Lempert

Articles

In the late 1920s and 1930s Japan had a jury system. It was suspended in 1943 as a wartime measure, but it had fallen into desuetude long before that. Arguably it was like the Spanish jury, which has several times risen during periods of relative political liberalism or populism and been suppressed during periods of militarism and autocracy. That is, it may be more than a coincidence that use of the Japanese jury fell precipitously during the 1930s as militarism took hold of the Japanese nation. Now the reinstatement of the Japanese jury is again being seriously considered. Similarly it …


International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka Jun 2001

International And Comparative Law Perspectives On Internet Patents, Toshiko Takenaka

Michigan Telecommunications & Technology Law Review

The Internet and e-commerce have created a borderless market. Goods and services sold on the Internet are subject to the patent statutes and regulations of all countries in which customers have access. Because the presence or absence of patent protection--or variations in that protection--hinders the movement of goods and services throughout the Internet, it is necessary to harmonize the protection afforded by Internet patents in their early stages of development. Among the three papers, however, only Professor Chiappetta touched upon the problem of compliance with the provisions in TRIPS. None of the papers paid attention to the feasibility of harmonizing …


Trends. Accountability In Security Organizations: The Case Of The United States Navy, Ibpp Editor Apr 2001

Trends. Accountability In Security Organizations: The Case Of The United States Navy, Ibpp Editor

International Bulletin of Political Psychology

Controversy surrounds the adjudication of the United States Navy (USN) commander whose submarine collided with and then sank a Japanese fishing boat in February 200l. The USN has Issued a letter of reprimand to the commander and is allowing him to leave the Navy with full pension based on his current rank, as opposed to authorizing a court-martial that would have rendered the commander liable to very serious criminal charges and sentences. At Issue have been the effects of the adjudication on military personnel aware of the adjudication.


On American Legal Education Reform In Japanese Legal Education, Carl E. Schneider Apr 2001

On American Legal Education Reform In Japanese Legal Education, Carl E. Schneider

Articles

The one hundredth anniversary of the Kyoto University Faculty of Law is the kind of splendid occasion when, as Justice Oliver Wendell Holmes remarked, a distinguished institution "becomes conscious of itself and its meaning." I can hardly express my pleasure at being invited to join in your celebration; but I must express my fear that I can add little to it. When Dean Tanaka kindly invited me, I should probably have declined, for I, a foreigner, can hardly know enough about an institution so central to the life of its country and its profession to speak of it and its …


The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa Jan 2001

The Politics Of Judicial Reform In Japan: The Rule Of Law At Last?, Setsuo Miyazawa

Faculty Scholarship

The purpose of this paper is to discuss the most recent changes in Japan's political environment that could radically alter its judicial system and legal profession in the near future. Reform of the judicial system and legal profession has now been placed on the national agenda, and the cast of players involved has spread from the traditional groups of legal professionals (judges, prosecutors, and attorneys) to the major actors of the larger political process, namely the Liberal Democratic Party (Jiya Minshu T6) ("LDP"), the ruling conservative party, and the Federation of Economic Organizations (Keidanren), one of the most influential organizations …


Legal Trade In African Elephant Ivory: Buy Ivory To Save The Elephant?, Sam B. Edwards Iii Jan 2001

Legal Trade In African Elephant Ivory: Buy Ivory To Save The Elephant?, Sam B. Edwards Iii

Animal Law Review

Trade in endangered species is a complicated issue. The trade in ivory creates tensions between western conservation-driven beliefs and developing countries' reliance on wildlife as a resource. This article examines the recent decision under the Convention on International Trade in Endangered Species (CITES) to conduct a one-time sale of ivory from Zimbabwe, Namibia, and Botswana to Japan. Since trade in endangered species involves many different disciplines, this paper touches on biology, international law, economics, and public policy. In theory, limited trade in African elephant ivory is possible and even advantageous for the various actors. However, in practice, the management controls …