Comparative and Foreign Law Commons^™

The Limitations On The Protection Of Program Works Under Japanese Copyright Law, Dennis S. Karjala

Michigan Journal of International Law

This article examines these problems in the light of the program language, rule, and algorithm limitations on program protection under the Japanese Copyright Act. Section II sets forth the relevant statutory language, and Sections III and IV apply the program language and rule limitations to operating systems software and microcode. Section V considers the scope of protection under Japanese law in applications programs under the algorithm limitation on program protection. Finally, Section VI takes up the problem of whether copying for purposes of reverse engineering can be justified under the Act.

Remade In Japan, Jennifer Friesen

Michigan Law Review

A Review of Japan's Reshaping of American Labor Law by William B. Gould

Western Ideology, Japanese Product Safety Regulation And International Trade, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

For the purposes of this paper, the barriers to an open Japanese market will be divided into two categories: Direct Official Barriers, and Non-Tariff Barriers (NTBs). The first category consists of positive restraints on imports such as tariffs and quotas. In response to Western criticism the Japanese government has, since the early 1960s, undertaken measures to dismantle gradually the aggressive protectionist wall which may have been necessary to revive the Japanese economy after the Second World War. In fact, in terms of quotas and tariffs, many observers presently consider Japan to be less protectionist than many North American and European …

Review Of The Justice Of The Western Consular Courts In Nineteenth Century Japan, Whitmore Gray

Reviews

Richard Chang attacks the generalization accepted by many historians that the Western consular tribunals in nineteenth-century Japan were so partial- toward West- erners and against Japanese-that they seldom rendered evenhanded justice. His study required two steps. First he tried to determine how many "mixed" cases came to trial-cases in which aJapanese brought a claim against a foreign resident in a consular court or was the complaining party in criminal proceedings against a foreigner. Between 1875 and 1895 there were five such cases that were widely reported and commented on at the time, and that have often been cited as examples. …

Use And Non-Use Of Contract Law In Japan, Whitmore Gray

Articles

This article first defines the scope of enquiry, then surveys some of the existing literature, and finally, presents the results of my preliminary survey interviews and questionnaire. It is my hope that it will serve as a basis form discussion leading to better definition of the problems for research in this area, and will suggest ways to proceed to gather the information necessary for more sophisticated exposition and commentary.

Whither The Future Of Japanese Industrial Development Policies?, Merit E. Janow

Michigan Journal of International Law

This article describes past and present Japanese industrial policies. After discussing the evolution of Japanese industrial policies generally, it addresses the specific instruments of those policies including those intended to assist declining industries as well as those intended to promote the development of new industries. Finally, this article suggests that government guidance of Japan's industrial sector has decreased and is likely to decrease further still in the future.

The Role Of The Federal Government In Worker Adjustment Assistance, Linda Elliott

Michigan Journal of International Law

Part I of this note examines worker adjustment assistance in the United States. It traces TAA's evolution from its inception as a means of compensating trade-displaced workers while minimizing government intervention in the market adjustment process, through its amendment to reflect congressional concern over the low number of worker certifications, to the criticism of its procedures arising out of more recent congressional interest in government-sponsored retraining as a means of attaining worker adjustment. After arguing that current certification and distribution procedures continue to reflect the original goal of the program- compensation with minimal intervention in the market- the note examines …

Litigation Abuse And The Law Schools, John W. Reed

Articles

At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …

Constitutional Revolution In Japanese Law, Society And Politics, Lawrence W. Beer

Maryland Series in Contemporary Asian Studies

No abstract provided.

Disarmament And Civilian Control In Japan: A Constitutional Dilemma, Theodore Mcnelly

Maryland Series in Contemporary Asian Studies

No abstract provided.

"Black Ships" And Balance Sheets: The Japanese Market And U.S.-Japan Relations, Kenneth W. Abbott, Conrad D. Totman

Northwestern Journal of International Law & Business

In this Article, Professors Abbott and Totman address the widespread Western belief that the Japanese economy is unfairly closed to foreign trade and investment. The authors identify several levels of barriers to penetration of the Japanese market. They contend that considerable progress has been made in reducing direct official restraints and official non-tariff barriers. Further progress in resolving the closed market issue, the authors predict, will be more difficult. Some of the remaining problems are rooted in Japanese society and culture; others in Western attitudes toward Japan. All reflect the historical pattern of Japan's relations with the West. The authors …

The Rise And Fall Of Provisional Validity -- The Need For A Rule Of Reason In Eec Antitrust, Valentine Korah

Northwestern Journal of International Law & Business

The doctrine of provisional validity invented by the Community Court now applies to very few agreements. Mrs. Korah believes that unless a rule of reason is applied to restraints ancillary to agreements that lead to new competitive pressures, the risk of collaboration may become excessive. Mrs. Korah also expresses concern that this may reduce the dynamism of Community industry in competition with American and Japanese firms.

Current Studies In Japanese Law, Whitmore Gray, Kazuo Sugeno, Walter L. Ames, Ronald G. Brown, Richard O. Briggs

Books

Over the past fifteen years there has been a remarkable growth in the study of Japanese law in the United States. The foundation was laid during the late 1950's when the Harvard-Michigan-Stanford program brought together Japanese legal specialists and their American counterparts for study and research. At the end of this program a major conference was held, and the resulting publication, Law in Japan, continues to serve as a point of departure in descriptive studies of Japanese law.

During the 1960's interest in Japan continued to develop among law faculty members, but an even more important development was the increase …

Foreward, Whitmore Gray

Other Publications

Over the past fifteen years there has been a remarkable growth in the study of Japanese law in the United States. The foundation was laid during the late 1950's when the Harvard-Michigan-Stanford program brought together Japanese legal specialists and their American counterparts for study and research. At the end of this program a major conference was held, and the resulting publication, Law ~ Japan, continues to serve as a point of departure in descriptive studies of Japanese law.

Antidumping Law In Japan, Gary Saxonhouse

Michigan Journal of International Law

The Japanese antidumping law neither works nor is it practiced. Until very recently, it has been a case of managed economy, with extensive government-business interaction obviating the need to use antidumping laws. While some legislation has been on the books, there's never been an action filed under the available legal framework for antidumping actions.

A Guide To The Study Of Japanese Law, Lawrence W. Beer, Hidenori Tomatsu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Enforcement Of A Promise In Modern American Law (Gendai Amerikaho Ni Okeru Yakusoku No Kyosei), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970.

The sixth and final installment describes the history of contractual enforcement in the U.S. and highlights changes introduced through adoption of the UCC.

Contract Formation Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku No Seiritsu), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970.

The second installment discusses issues related to requirements compelling completion of a contract or pushing the issue to court.

Contract Interpretation Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku No Kaishaku), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970.

The fourth installment discusses further considerations and principles that impact contract interpretation.

Contract Interpretation And The Uniform Commercial Code (Ucc Ni Okeru Keiyaku No Kaishaku), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970. The third installment introduces the basic principles of contract interpretation.

Remedies For Breach Under The Uniform Commercial Code (Ucc Ni Okeru Keiyaku Furiko Ni Taisuru Kyusai), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970. The fifth installment discusses the difficulty of remedies and various methods of enforcement.

The Role Of The Uniform Commercial Code In American Law (Beikokuho Ni Okeru Ucc No Ichi), Whitmore Gray

Articles

A series of seminar lectures given by Whitmore Gray in Tokyo, Japan during October 1968. Six articles were subsequently published in “Kaigai Shojihomu” (The International Business Law Bulletin) between July 1969 and May 1970.

The first installment provides a basic introduction to the UCC and its implementation into the U.S. legal system.

Obscenity And The Japanese Constitution, Yasuo Tokikuni

Kentucky Law Journal

No abstract provided.

Book Reviews, Daniel H. Pollitt, Dale W. Broeder, George M. Joseph, Robert E. Mathews, W. H. Howery, Brendan F. Brown, Ilmar Tammelo, W. Paul Gormley, Chester James Antieau, Albert I. Kegan, Delmar Karlen, Albert A. Ehrenzweig

Journal of Legal Education

No abstract provided.

The Taiho Code, The First Code Of Japan, Vivian M. Carkeek

Washington Law Review

Professor Edward S. Creasy, in the eighth edition of his "Fifteen Decisive Battles of the World," published in 1858, predicted war between China or Japan, and the United States. Fortunately for the civilization of the world, there has been none, nor is there likely to be. But as was so well stated by Viscount Uchida, "A knowledge of each other s legal institutions is one of those things which is so essential to an understanding and to the creation of good feeling between nations." The increase of commerce and intercourse that is certain to take place within the next few …

Constitution Of The Empire Of Japan, George A. Malcolm

Michigan Law Review

In the history of the Japanese people, five dates stand out above all others. They are 66o B. 'C., when, according to legendary account, the Empire of Japan was founded .by the Emperor Jinmu; 1853, when Commodore Perry, with an American squadron, anchored offside what is now Yokohama and caused the opening of Japan to foreign intercourse; 1867-1868, when there was a restoration'of the monarchy, marking the beginning of the Meiji Era of Constitutionalism; and 1889, when the Constitution of Japan was promulgated.

The Civil Code Of Japan, Ludwig Lönholm

Civil Codes (1800-1923)

Book I. - General provisions. - Book II. - Real rights. - Book III. Obligations. - Book IV. Family. - Book V. Succession. - Law concerning the application of laws in general. - Law amending the Decree No. 112. - Law of nationality.