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Full-Text Articles in Law

Legal Reform In Contemporary Japan, Eric Feldman Dec 2006

Legal Reform In Contemporary Japan, Eric Feldman

Faculty Scholarship at Penn Law

In this chapter I offer a preliminary assessment of a quickly moving target—legal reform and its impact on rights in Japan. Although a broad consensus has emerged among interested parties that at least some degree of reform is desirable, there is significant disagreement about the goals of reform, and also about the likelihood that it will achieve certain objectives. Some commentators believe that the Japanese legal system is on the cusp of a “revolution” that will shore up long-neglected rights and create new entitlements. Others predict that the consequences of reform will be modest; and they despair that aggrieved ...


Is There A "New" Law Of Intervention And Occupation?, Leslie C. Green Oct 2006

Is There A "New" Law Of Intervention And Occupation?, Leslie C. Green

International Law Studies

No abstract provided.


Beyond Litigation: Legal Education Reform In Japan And What Japan's New Lawyers Will Do, George Schumann Apr 2006

Beyond Litigation: Legal Education Reform In Japan And What Japan's New Lawyers Will Do, George Schumann

University of Miami International and Comparative Law Review

No abstract provided.


The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric Feldman Apr 2006

The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric Feldman

Faculty Scholarship at Penn Law

This Article argues that the interaction of international norms and local culture is a central factor in the creation and transformation of legal rules. Like Alan Watson's influential theory of legal transplants, it emphasizes that legal change is frequently a consequence of learning from other jurisdictions. And like those who have argued that rational, self-interested lawmakers responding to incentives such as reelection are the engine of legal change, this Article treats incentives as critical motivators of human behavior. But in place of the cutting-and-pasting of black-letter legal doctrine it highlights the cross-border flow of social norms, and rather than ...


Trademark Dilution In Japan, Kenneth L. Port Jan 2006

Trademark Dilution In Japan, Kenneth L. Port

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead Jan 2006

What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead

Michigan Journal of International Law

This Article proposes a new approach to understanding state compliance with international obligations, positing that increased interaction among the world's regulators has reinforced network norms, as evidenced in part by a greater reliance among states on legally nonbinding instruments. This Article also begins to fill a gap in the growing scholarship on state compliance by proposing a better framework for understanding how international norms influence senior regulators and how they affect both state decisions to comply as well as levels of compliance.


Law And Culture In China And Japan: A Framework For Analysis, John O. Haley Jan 2006

Law And Culture In China And Japan: A Framework For Analysis, John O. Haley

Michigan Journal of International Law

This Comment is divided into two parts. The first sets forth a series of definitional propositions intended for a more general analysis of the interrelationships of law and culture. The second comprises an introduction to the evolution of legal institutions that enables us to understand better the reception and development of Western legal institutions in East Asia and provides context for the four articles and their individual and collective insights.


How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa Jan 2006

How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa

Michigan Journal of International Law

We have in this volume four articles on legal change in China and Japan written by four distinguished authors. These articles vary with regard to subject state, specificity of issues, and breadth of analytical scope. They commonly discuss one factor, however: culture. The purpose of this Comment is to examine the way each article uses culture in its explanations of legal change. The Comment concludes with a brief suggestion, from a social movement perspective, on employing culture as an explanatory tool in a non-essentialist way.


Law, Norms, And Legal Change: Global And Local In China And Japan, Nicholas C. Howson, Mark D. West Jan 2006

Law, Norms, And Legal Change: Global And Local In China And Japan, Nicholas C. Howson, Mark D. West

Michigan Journal of International Law

The editors of the Michigan Journal of International Law have boldly brought together four articles and commentary that focus on different aspects of the same problem in China and Japan: the relationship between domestic legal change and foreign and/or "international" law and regulation, "soft" agreements, norms, or even cultural practices. The compilation is bold in part because scholarship on change in East Asian law and legal systems often suffers from one of two defects. First, it often focuses on purely domestic phenomena in only one system, ignoring the comparative connections. Second, scholars often attack the problem from an exclusively ...


The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman Jan 2006

The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman

Michigan Journal of International Law

This Article argues that the interaction of international norms and local culture is a central factor in the creation and transformation of legal rules. Like Alan Watson's influential theory of legal transplants, it emphasizes that legal change is frequently a consequence of learning from other jurisdictions. And like those who have argued that rational, self-interested lawmakers responding to incentives such as reelection are the engine of legal change, this Article treats incentives as critical motivators of human behavior. But in place of the cutting-and-pasting of black-letter legal doctrine it highlights the cross-border flow of social norms, and rather than ...


Global Markets And The Evolution Of Law In China And Japan, Takao Tanase Jan 2006

Global Markets And The Evolution Of Law In China And Japan, Takao Tanase

Michigan Journal of International Law

The first angle of this Article concerns the exclusivity of rights, which is the notion that a right has an exclusive boundary of ownership. The socialist system and traditional customary law in China gave only weak recognition to this concept, especially prior to China's move toward a market economy and the introduction of modern law. The second angle addresses the functionality of extralegal norms. Law reforms tend to be measured by the efficiency gains they produce, a process intensified by competition among systems. The third angle involves the ideological nature of the market-oriented development of law. The foreign enterprises ...


Signaling Conformity: Changing Norms In Japan And China, David Nelken Jan 2006

Signaling Conformity: Changing Norms In Japan And China, David Nelken

Michigan Journal of International Law

Whatever their differences, the articles in this issue also have much in common in addition to their regional focus. The author of this Comment shall discuss in turn three (related) theoretical issues that arise, to a greater or lesser degree, in all four contributions. The first Part of this Comment considers the insights of these articles on the need to move from discussing transplants to focusing on transnational legal processes. The second Part examines what the contributions tell us about culture, legal culture, and the so-called "norm of conformity." I shall concentrate in particular on the cultural sources of choices ...


The Next Generation: Milhaupt And West On Japanese Economic Law, Kent Anderson Jan 2006

The Next Generation: Milhaupt And West On Japanese Economic Law, Kent Anderson

Michigan Journal of International Law

Review of Economic Organizations and Corporate Governance in Japan: The Impact of Formal and Informal Rules by Curtis Milhaupt & Mark West


The Tuna Court: Law And Norms In The World's Premier Fish Market, Eric Feldman Jan 2006

The Tuna Court: Law And Norms In The World's Premier Fish Market, Eric Feldman

Faculty Scholarship at Penn Law

Legal scholars have long emphasized the corrosive impact of conflict on long-term commercial and interpersonal relationships. To minimize the negative consequences of such conflict, members of close-knit groups who anticipate future interactions create ways of resolving their disputes with reference to internal group norms rather than relying on state-mandated legal rules. From farmers in California’s Shasta County to jewelers in midtown Manhattan and neighbors in Sanders County, the literature describes people who create norms of conflict management that are faster and less expensive than relying on formal law, and lessen the harm that conflict causes to their relationships. This ...


Note, Sisyphus In A Coal Mine: Responses To Slave Labor In Japan And The United States, Timothy Webster Jan 2006

Note, Sisyphus In A Coal Mine: Responses To Slave Labor In Japan And The United States, Timothy Webster

Faculty Publications

This Note argues that the recent wave of litigation brought by former Chinese slave laborers, while important in its own right, highlights the need for a more comprehensive solution. Although ideally the Japanese Diet will devise its own response to the problem of compensation, the experiences arising from the Holocaust litigation in the United States provide a meaningful yardstick for comparison. In the United States, a large-scale settlement scheme followed, and finalized, numerous lawsuits brought by former forced and slave laborers from World War II Europe. The American response, though based on different circumstances, led to a multibillion-dollar fund that ...


Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra Jan 2006

Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra

Northwestern Journal of International Law & Business

Japan's New Merger Guidelines ("New Merger Guidelines"), issued by the Japan Fair Trade Commission ("JFTC") in May 2004, mark a turning point for antitrust in Japan. It is likely that Japan's New Merger Guidelines will be seen as a model for legal transplants in the future. Despite the similarities between Japan's New Merger Guidelines and the U.S. Horizontal Merger Guidelines ("U.S. Merger Guidelines"), Japan's New Merger Guidelines are unlikely to be a "success" in the same way that the U.S. Merger Guidelines have been a success since their adoption by the American competition ...


Law, Norms, And Legal Change: Global And Local In China And Japan, Nicholas C. Howson, Mark D. West Jan 2006

Law, Norms, And Legal Change: Global And Local In China And Japan, Nicholas C. Howson, Mark D. West

Articles

The editors of the Michigan Journal of International Law have boldly brought together four articles and commentary that focus on different aspects of the same problem in China and Japan: the relationship between domestic legal change and foreign and/or "international" law and regulation, "soft" agreements, norms, or even cultural practices. The compilation is bold in part because scholarship on change in East Asian law and legal systems often suffers from one of two defects. First, it often focuses on purely domestic phenomena in only one system, ignoring the comparative connections. Second, scholars often attack the problem from an exclusively ...


Dmca Anti-Circumvention Provisions In A Different Light: Perspectives From Transnational Observation Of Five Jurisdictions, Richard Li-Dar Wang Dec 2005

Dmca Anti-Circumvention Provisions In A Different Light: Perspectives From Transnational Observation Of Five Jurisdictions, Richard Li-Dar Wang

Richard Li-dar Wang

In order to cope with the challenge posed by high-quality digital copying of copyrightable works, the World Intellectual Property Organization (WIPO) and a number of its members have determined to incorporate anticircumvention provisions in 1996 WIPO Copyright Treaty (WCT) and their domestic copyright laws. Even though these countries adopted this brand new regulation close in time, they approached the same problem in quite different manners, especially divergent with regard to public domain and fair use privileges. Since the two limitations on copyright play a key role in preserving free dissemination of information and preventing authors from over-asserting their exclusive rights ...