Comparative and Foreign Law Commons^™

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 …

The Morality Of Insider Trading In The United States And Abroad, Ramzi Nasser

Oklahoma Law Review

No abstract provided.

The Morality Of Insider Trading In The United States And Abroad, Ramzi Nasser

Oklahoma Law Review

No abstract provided.

Protection Of Famous Trademarks In Japan And The United States, Kenneth L. Port

Faculty Scholarship

The concepts of trademark jurisprudence in Japan and the United States differ drastically. This difference is apparent in many aspects of trademark protection in both countries and is most evident in the treatment of famous marks. Although Japan and the United States share elements of trademark law that cause some observers to claim that Japan is legally the fifty-first State, the conceptual differences at the foundation of trademark law in each country are so significant that such a claim seems inaccurate and misleading.

Toward The Abolition Of The Death Penalty, Shigemitsu Dando

Indiana Law Journal

This Article was delivered by Justice Dando as the Jerome Hall Lecture at Indiana University School of Law-Bloomington on April 14, 1996.

Educating Lawyers For The Global Economy, John O. Haley

Michigan Journal of International Law

Review of Law and Investment in Japan: Cases and Materials (Yukio Yanagida, Daniel H. Foote, Edward S. Johnson, Jr., J. Mark Ramseyer & Hugh T. Scogin, Jr. eds.)

Introduction: The Context For Innovation In Japan, Comparative Competitive Aspects, Peter M. Gerhart

Faculty Publications

Introduction to Thomas J. Klitgarrd's "Context for the Innovation in Japan: Comparative Competitive Aspects and Some Practical Comments."

Laws Separating Commercial Banking And Securities Activities As An Impediment To Free Trade In Financial Services: A Comparative Study Of Competitiveness In The International Market For Financial Services, Sarah A. Wagman

Michigan Journal of International Law

By comparing U.S., Japanese, and European institutions' competitiveness in the international market for financial services, this Note focuses on the possible implications of the Glass-Steagall Act in the international trade context as a means of exploring some of the additional arguments which have emerged in favor of reforming U.S. bank regulation.

The Empire Of Death: How Culture And Economics Affect Informed Consent In The U.S., The U.K., And Japan, George J. Annas, Frances H. Miller

Faculty Scholarship

Historically, most Americans have treated health care as a private commodity whose price, and therefore availability, is primarily determined by market forces. In such a context, the law not unsurprisingly places a high premium on information disclosure by physicians. Personal autonomy-an individual's power to choose among medical options-enjoys its most zealous protection under U.S. jurisprudence.⁷ The dominant U.S. version of informed consent is grounded on principles of patient/consumer autonomy, and seems to enhance market choice. But a strong theme of collectivism now runs through some discussions of U.S. health policy.⁸ President Clinton was elected at least in part …

Administering Justice In A Consensus-Based Society, Koichiro Fujikura

Michigan Law Review

A Review of Authority Without Power: Law and the Japanese Paradox by John O. Haley

Reporting The Truth And Setting The Record Straight: An Analysis Of U.S. And Japanese Libel Laws, Ellen M. Smith

Michigan Journal of International Law

This Note argues that U.S. courts and lawmakers should adopt some aspects of Japanese libel law. Part I compares the balances struck in U.S. and Japanese libel law between promoting press freedoms and protecting individual interests. Part II focuses on the extent to which each system succeeds in addressing the objectives of encouraging aggressive, accurate reporting, and compensating libel victims. Finally, Part III proposes a new U.S. libel standard that would adopt, with some modifications, key elements of Japanese libel law without running afoul of established U.S. constitutional requirements.

Restrictions On Cartels In Japan Comparing With Those On Horizontal Price-Fixing In The United States, Shinobu Obata

LLM Theses and Essays

This thesis examines restrictions on price-fixing cartels under Japan's Antimonopoly Law (AML) in comparison with U.S. antitrust law governing horizontal price-fixing under Section 1 of the Sherman Act. Written against the backdrop of the 1989–1990 Structural Impediments Initiative (SII), in which the United States urged Japan to enforce its antitrust laws more aggressively against exclusionary cartel practices, the thesis traces the legal history of the AML — from its 1947 enactment under U.S. occupation influence, through its 1953 relaxation (which deleted the strict per se illegality provision and introduced cartel exemptions), to the renewed push for aggressive enforcement in the …

Making America Competitive, Mark J. Loewenstein

Publications

No abstract provided.

Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg

Law Faculty Research Publications

No abstract provided.

Foreign Language Trademarks In Japan: The Linguistic Challenge, Rosalynn Frank

University of Miami International and Comparative Law Review

No abstract provided.

The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port

Faculty Scholarship

Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.

Unwelcome Imports: Racism, Sexism, And Foreign Investment, William H. Lash Iii

Michigan Journal of International Law

This article will address the problems minorities and women face from Japanese foreign direct investment. This article focuses on Japanese direct investment because the rapid rise in Japan's direct investment in the United States, combined with a record of discrimination by Japanese firms in Japan and abroad, makes Japanese investment the best example of the problems addressed in this article. However, the discriminatory attitudes described here may well be held by other foreign investors, and therefore, the legislation proposed later in this article addresses a broader problem.

The Development Of The Equal Treatment Principle In The International Debt Crisis, Carsten Thomas Ebenroth, Rüdiger Woggon

Michigan Journal of International Law

Since the outbreak of the international debt crisis at the beginning of the 1980s, debtor countries have reached a series of agreements with private creditor banks, with the aim of reducing the financial strain on the debtor countries and enabling them to service their debts. Long-term extensions of maturities are a central aspect of many of these arrangements. Included in the restructurings are all the medium- and long-term claims of the creditor banks, often short-term trade credits and interbank lines, and, in individual cases such as the restructuring of the debts of Poland, Yugoslavia, Costa Rica, and some African States, …

A Comparison Of Civil Procedure Practices In Products Liability Actions Between The United States And Japan: Underlying Reasons For Basic Differences, Akio Hayashi

LLM Theses and Essays

Both the U.S. and Japan are highly industrialized countries and many of the same products are used in both countries. So, why is there such a large difference in the number of products liability suits filed?

The present work explores the differences in the American and Japanese legal systems with a focus on products liability claims. The conclusion will show that it is the difference in the two countries applicable civil procedures that explain the disparity in suits.

Civil Procedure Reform In Japan, Takeshi Kojima

Michigan Journal of International Law

Delay in court has been a problem common in all eras, both ancient and modern, and to all systems of law, Western and Eastern alike. In Japan, however, the problem is arguably more acute. The average delay between filing and judgment for cases that require at least a minimum level of proof-taking or an evidentiary hearing is 27 months. This deplorable reality has recently led to renewed efforts to tackle the problem of delay in Japan. Two groups that have been particularly important in this effort are two local bar associations and the Tokyo and Osaka district courts. The First …

The National Law Examination Of Japan, Edward I. Chen

Journal of Legal Education

No abstract provided.

Apples Vs. Persimmons: The Legal Profession In Japan And The United States, Richard S. Miller

Journal of Legal Education

No abstract provided.

Comparison: Japanese And American Plant Closing Laws, Allison Zousmer

Michigan Journal of International Law

This Note analyzes the American and Japanese approaches to plant closings and discusses to what extent the American government can apply the successful Japanese approach to its own labor relations system. The first part examines the specific provisions of the two nations' laws. Second, it illustrates how the divergent social rules and historical backgrounds influence the operation of the plant closing laws in both nations. Part three explores the impact and applicability of Japanese labor policies to American industrial practices. The Note concludes that although the Japanese provide a general model for a labor management system which combines cooperation and …

The Normative Dominance Of Consensus, Joseph Sanders

Journal of Legal Education

No abstract provided.

Japan's High Technology Industries: Lessons And Limitations Of Industrial Policy, Steven R. Englund

Michigan Law Review

A Review of Japan's High Technology Industries: Lessons and Limitations of Industrial Policy edited by Hugh Patrick

The Regulation Of Insider Trading In The United States, United Kingdom, And Japan, Barbara Ann Banoff

Michigan Journal of International Law

Part I of this article will briefly discuss the American laws regulating insider trading; Part II will discuss the law of the United Kingdom; and Part III will discuss the regulation-or, more accurately, the non-regulation-of insider trading in Japan.

Comparison Of Japanese And American Bankruptcy Law, Brooke Schumm Iii

Michigan Journal of International Law

The outline and direction of this article are arranged approximately in the order of provisions under the U.S. Bankruptcy Code. The article focuses on Japanese reorganization proceedings, but necessarily discusses Japanese bankruptcy provisions at length. First, eligibility and types of proceedings are discussed. Second, commencement details and administrative provisions, including the "automatic stay" and assumption and rejection of leases and contracts are presented. Third, the debtor's duties and the handling of claims are reviewed. Fourth, liquidations are compared. Fifth, confirmation and reorganization are explored in detail. Last, a comparison of bankruptcy provisions for individuals concludes the article.

Performer's Rights And Digital Sampling Under U.S. And Japanese Law, Jessica D. Litman

Articles

A year or two ago, one of my copyright students called to my attention a problem that seemed to him to pose unique difficulties for the copyright statute. The problem arises because of a technology called digital sampling.' Digital sampling is a new threat to performers' rights that has grown out of the combination of digital recording technology with music synthesizer technology. This threat is a very recent one. Indeed, the digital sampling problem is so new that copyright lawyers haven't yet figured out how to think about it.

Computer Technology And Copyright- A Review Of Legislative And Judicial Developments In Japan, Teruo Doi

Michigan Journal of International Law

This article discusses and evaluates the legislative and judicial developments after the enactment of the Copyright Law which apply to computer programs and other computer-related technology. It examines: (1) the 1985 amendment to the Copyright Law enacted to protect computer programs, including the history of discussions by government agencies and judicial determinations that led to the amendment; (2) the 1986 Program Registration Law which supplements the existing provisions of the Copyright Law concerning registration; (3) the protection of databases under a new amendment to the Copyright Law; (4) the regulation of software rental business by the establishment of a public …

Japanese-Style Worker Participation And United States Labor Law, William S. Rutchow

Michigan Journal of International Law

This note will evaluate the current legal status of Japanese-style worker participation programs under the NLRA. First, it analyzes relevant sections of the NLRA and their interpretation by the Board and the courts. Second, the note describes various types of Japanese worker participation programs, and suggests how these programs can be legally implemented under current American labor law. Third, the note considers standards the Supreme Court may adopt to test the legality of worker participation programs in the future. Finally, this note recommends that the Supreme Court uphold those participation programs which are freely chosen by employees.