The Japanese Legal System

Cases, Codes, and Commentary

Author: Curtis J. Milhaupt,J. Mark Ramseyer,Mark D. West

Publisher: Foundation Press

ISBN: 9781609300296

Category: Law

Page: 895

View: 880

This casebook on Japanese Law has been specially designed for ease of use and theoretical versatility. Heavily-edited cases, statutes, and articles canvass a wide range of intriguing problems and theoretical perspectives. Professors will find that it facilitates a variety of analysis and approaches to a given question--whether sociological, anthropological, or based on law and economics. The book allows for in-depth coverage of a diverse range of substantive areas of law, from torts, criminal law, and contracts to employment and corporate law.
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Japanese law

Author: Hiroshi Oda

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 460

View: 8121

This is the updated and substantially enlarged edition of Japanese Law originally published in 1992, which was acclaimed for being the first comprehensive study of Japanese law to be published in English by a Japanese academic. The book covers the entire range of Japanese law with an emphasison commercial law covering such topics as the reform of the company law, internationalization of competition law, and the financial 'Big Bang', and cross-border litigation. Bridging the gap between the law in statute books and the actual implementation in practice, the book incorporates all of the most recent case law as well as reflecting on current debates in legal academic discourse in Japan.
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Constitutionalism and Rights

The Influence of the United States Constitution Abroad

Author: Albert J. Rosenthal,Louis Henkin

Publisher: Columbia University Press

ISBN: 9780231065702

Category: Law

Page: 462

View: 7704

Why do smokers claim that the first cigarette of the day is the best? What is the biological basis behind some heavy drinkers' belief that the "hair-of-the-dog" method alleviates the effects of a hangover? Why does marijuana seem to affect ones problem-solving capacity? Intoxicating Minds is, in the author's words, "a grand excavation of drug myth." Neither extolling nor condemning drug use, it is a story of scientific and artistic achievement, war and greed, empires and religions, and lessons for the future. Ciaran Regan looks at each class of drugs, describing the historical evolution of their use, explaining how they work within the brain's neurophysiology, and outlining the basic pharmacology of those substances. From a consideration of the effect of stimulants, such as caffeine and nicotine, and the reasons and consequences of their sudden popularity in the seventeenth century, the book moves to a discussion of more modern stimulants, such as cocaine and ecstasy. In addition, Regan explains how we process memory, the nature of thought disorders, and therapies for treating depression and schizophrenia. Regan then considers psychedelic drugs and their perceived mystical properties and traces the history of placebos to ancient civilizations. Finally, Intoxicating Minds considers the physical consequences of our co-evolution with drugs -- how they have altered our very being -- and offers a glimpse of the brave new world of drug therapies.
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Refugee Law and Practice in Japan

Author: Osamu Arakaki

Publisher: Routledge

ISBN: 1351905651

Category: Law

Page: 280

View: 5882

This volume examines the development of refugee law and policy in Japan. The book discusses systemic weaknesses and compares the evolution of law in other states to highlight problems in Japan's refugee determination system. Ultimately, the book calls for Japan to reform failing systems and take innovative action towards refugee protection.
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Habeas Corpus in Wartime

From the Tower of London to Guantanamo Bay

Author: Amanda L. Tyler

Publisher: Oxford University Press

ISBN: 0199856664

Category: Law

Page: 448

View: 7180

Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.
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Second-Best Justice

The Virtues of Japanese Private Law

Author: J. Mark Ramseyer

Publisher: University of Chicago Press

ISBN: 022628204X

Category: Law

Page: 256

View: 2501

It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.
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International Tax Primer

Author: Brian J. Arnold,Michael McIntyre

Publisher: Kluwer Law International

ISBN: 9041188983

Category: Business & Economics

Page: 185

View: 7574

The international aspects of income taxation have become increasingly important as countries worldwide have become more economically integrated. International Tax Primer provides an introduction to the policies that countries seek to advance with their international tax rules, with numerous examples drawn from the practices of both developed and developing countries. It grew out of the authors' work with the OECD in conducting seminars on international tax for tax officials in countries emerging from the collapse of the Soviet Union. The book strikes a balance between the specific and the general by illustrating the fundamental principles and structure of international tax with frequent reference to actual practice in a variety of countries. Coverage includes: the role of the tax adviser; tax planning techniques; international double taxation; transfer pricing; anti-avoidance rules; tax treaties, including discussion of the OECD and UN Model Treaties; emerging issues, such as e-commerce and harmful tax competition.
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Comparative Corporate Law

Author: Marco Ventoruzzo,Pierre-Henri Conac,Gen Gotō,Mario Notari

Publisher: West Academic Publishing

ISBN: 9781628102031

Category: Corporate governance

Page: 664

View: 3181

This book is a multipurpose text that can be used in any class with a focus on comparative legal systems for corporations, taught in the U.S. or abroad. It contains cases, statutes, analysis and readings, the majority of which are from foreign jurisdictions. It also has extensive notes and questions. The focus is primarily on the U.S., U.K., major European continental civil law systems (France, Germany, Italy) and European Union law, and Japan; with references to other jurisdictions such as China, India and Brazil. In addition to law schools, the book may also appeal to non-law school professors of business administration, economics, and political science. In setting out to produce a casebook to meet the needs of students in different legal systems and on both introductory and advanced courses, make a contribution to scholarly debates and address practical and policy concerns, the authors set themselves ambitious goals, which they have amply achieved. This methodologically rigorous, insightful and stimulating book is rich in technical content but details are never allowed to obscure the main questions. The distinguished authors wear their scholarship lightly and the book is written in an admirably clear and accessible style. This book is a major addition to the growing literature on comparative corporate law and it is destined to shape the way we think about and teach the subject. Eilís Ferran, Professor of Company and Securities Law, Faculty of Law, University of Cambridge Corporate law rules vary considerably around the world, and there is much that students of corporate law can learn from a comparative analysis of how different systems deal with similar problems. This casebook, co-authored by a group of experts with a rich set of perspectives, is thus a valuable and welcome addition to the literature. Lucian A. Bebchuk, Professor of Law, Economics and Finance, Director, Program on Corporate Governance, Harvard Law School This excellent book is a welcome addition to the still relatively sparse comparative corporate law literature. It is a wonderful teaching resource and a useful reference for the scholar. Tan Cheng Han, Professor of Law and Chairman, Centre for Law & Business, Faculty of Law, National University of Singapore [Comparative Corporate Law by Ventoruzzo and others] is both comprehensive and readily understandable. I think it will be a significant addition to both the literature and teaching material on comparative corporate governance. Martin Lipton, Founding Partner, Wachtell, Lipton, Rosen & Katz In-house counsels of firms operating internationally will find the book a practical and useful tool. Your own corporate issues aren't so unique after all, learning how others have approached theirs, across the world, is both instructive and refreshing, a must read! Antonino Cusimano, General Counsel and Secretary to the Board of Directors, Telecom Italia The materials collected and translated in English are precious and fascinating for a broad and international audience. The richness of the book is not, however, only in the materials carefully selected and sewn together, but also in the stitches that fasten them: The introductions, notes and questions, economic insights and empirical data that connect the materials allow readers to consider the causes and consequences of different legal rules in different systems, and compare different regulatory strategies. Viviane Muller Prado, Professor of Corporate Law, Escloa de Direito, Fundação Getulio Vargas, Sao Paulo, Brazil This book proves not only that corporate law is global, but also that a global approach is essential in order to understand the laws of different countries and how they interact. The book, innovative in both methodology and contents, will be indispensable for anyone who studies and practices corporate la
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Comparative Criminal Procedure

Author: Jacqueline E. Ross,Stephen C. Thaman

Publisher: Edward Elgar Publishing

ISBN: 1781007195

Category: Law

Page: 576

View: 9345

This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
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Information Modelling and Knowledge Bases XIX

Author: Hannu Jaakkola,Yasushi Kiyoki,Takahiro Tokuda

Publisher: IOS Press

ISBN: 1586038125

Category: Computers

Page: 393

View: 8249

Includes papers submitted to the 17th European-Japanese Conference on Information Modelling and Knowledge Bases (EJC 2007).
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Law and Popular Culture

A Course Book

Author: Michael Asimow,Shannon Mader

Publisher: Peter Lang

ISBN: 9780820458151

Category: Law

Page: 273

View: 3285

"This book explores the interface between law and popular culture, two subjects of enormous current importance and influence. Exploring how they affect each other, each chapter discusses a legally themed film or television show, such as Philadelphia or Dead Man Walking, and treats it as both a cultural and a legal text, illustrating how popular culture both constructs our perceptions of law, and changes the way that players in the legal system behave. Written without theoretical jargon, Law and Popular Culture: A Course Book is intended for use in undergraduate or graduate courses and can be taught by anyone who enjoys pop culture and is interested in law."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
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One L

The Turbulent True Story of a First Year at Harvard Law School

Author: Scott Turow

Publisher: Farrar, Straus and Giroux

ISBN: 9781429939560

Category: Law

Page: 337

View: 4623

One L, Scott Turow's journal of his first year at law school introduces and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Turow's multidimensional delving into his protagonists' psyches and his marvelous gift for suspense prefigure the achievements of his celebrated first novel, Presumed Innocent, one of the best-selling and most talked about books of 1987. Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty: Perini, the dazzling, combative professor of contracts, who presents himself as the students' antagonist in their struggle to master his subject; Zechman, the reserved professor of torts who seems so indecisive the students fear he cannot teach; and Nicky Morris, a young, appealing man who stressed the humanistic aspects of law. Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and throught-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are. In the new afterword for this edition of One L, the author looks back on law school from the perspective of ten years' work as a lawyer and offers some suggestions for reforming legal education.
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Legal Systems and Skills

Author: Judith Embley,Peter Goodchild,Catherine Shephard

Publisher: Oxford University Press

ISBN: 0198785909

Category:

Page: 568

View: 2248

Legal Systems & Skills provides students with a practical guide to all the essential knowledge and skills they will need for their law degree and beyond. Divided into three core areas, it forms a foundation for legal studies and for graduate employment. Essential Legal Systems: Part I delivers a focused and practical guide to the purpose and application of law. Contemporary and holistic in approach, it covers all the essential topics in legal systems, considering social, moral, ethical, and jurisprudential perspectives. Taking learning further, it helps students to critically evaluate legal systems and their implications for individuals, businesses, and commerce. Essential Legal Skills: Part II demonstrates step-by-step approaches to acquiring and honing the skills needed for the academic study of law and professional practice. Numerous visual aids and learning features help students to become adept researchers, nimble problem-solvers, dexterous writers, and competent communicators. They will acquire the tools they need to analyse, evaluate, and apply the law, and to thrive in their future careers. Essential Employability and Commercial Awareness: Part III helps students to see how their knowledge and skills can be practically applied, in the legal world or outside of it. Students are encouraged to reflect on and actively improve their commercial awareness through case studies, and activities, aimed at helping them to develop the skills they will need to thrive in the world of work. Targeted coverage of employability, CV development, and transferrable skills helps students to approach their future careers with confidence and communicate their own competencies effectively. This book is the essential contemporary toolkit for savvy law students, enabling them to: Learn how law works; Develop the essential skills; and Apply them to succeed. This text is accompanied by an Online Resource Centre offering students the following stimulating resources: - Self-test questions - A library of web links that direct students to useful websites and relevant media - The authors' guidance to answering the thought-provoking questions in the book - Additional content providing guidance on effective teamwork, meetings and presentations - Regular updates in the law - Sample interview questions to help students identify which areas of commercial awareness they need to focus on
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White by Law

The Legal Construction of Race

Author: Ian Haney Lopez

Publisher: NYU Press

ISBN: 0814736947

Category: Law

Page: 263

View: 6504

"Whiteness pays. As White by Law shows, immigrants recognized the value of whiteness and sometimes petitioned the courts to be recognized as white. Haney Lspez argues for the centrality of law in constructing race."--Voice Literary Supplement"White by Law's thoughtful analysis of the prerequisite cases offers support for the fundamental critical race theory tenet that race is a social construct reinforced by law. Haney Lspez has blazed a trail for those exploring the legal and social constructions of race in the United States."--Berkeley Women's Law JournalLily white. White knights. The white dove of peace. White lie, white list, white magic. Our language and our culture are suffused, often subconsciously, with positive images of whiteness. Whiteness is so inextricably linked with the status quo that few whites, when asked, even identify themselves as such. And yet when asked what they would have to be paid to live as a black person, whites give figures running into the millions of dollars per year, suggesting just how valuable whiteness is in American society.Exploring the social, and specifically legal origins, of white racial identity, Ian F. Haney Lopez here examines cases in America's past that have been instrumental in forming contemporary conceptions of race, law, and whiteness. In 1790, Congress limited naturalization to white persons. This racial prerequisite for citizenship remained in force for over a century and a half, enduring until 1952. In a series of important cases, including two heard by the United States Supreme Court, judges around the country decided and defined who was white enough to become American.White by Law traces the reasoning employed by the courts intheir efforts to justify the whiteness of some and the non- whiteness of others. Did light skin make a
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Enduring Conviction

Fred Korematsu and His Quest for Justice

Author: Lorraine K. Bannai

Publisher: University of Washington Press

ISBN: 029580629X

Category: Social Science

Page: 312

View: 7050

Fred Korematsu�s decision to resist F.D.R.�s Executive Order 9066, which provided authority for the internment of Japanese Americans during World War II, was initially the case of a young man following his heart: he wanted to remain in California with his white fianc�e. However, he quickly came to realize that it was more than just a personal choice; it was a matter of basic human rights. After refusing to leave for incarceration when ordered, Korematsu was eventually arrested and convicted of a federal crime before being sent to the internment camp at Topaz, Utah. He appealed his conviction to the Supreme Court, which, in one of the most infamous cases in American legal history, upheld the wartime orders. Forty years later, in the early 1980s, a team of young attorneys resurrected Korematsu�s case. This time, Korematsu was victorious, and his conviction was overturned, helping to pave the way for Japanese American redress. Lorraine Bannai, who was a young attorney on that legal team, combines insider knowledge of the case with extensive archival research, personal letters, and unprecedented access to Korematsu his family, and close friends. She uncovers the inspiring story of a humble, soft-spoken man who fought tirelessly against human rights abuses long after he was exonerated. In 1998, President Bill Clinton awarded Korematsu the Presidential Medal of Freedom.
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The Man in the High Castle

Author: Philip K. Dick

Publisher: Houghton Mifflin Harcourt

ISBN: 0547601204

Category: Fiction

Page: 272

View: 4021

“The single most resonant and carefully imagined book of Dick’s career.” —New York Times It’s America in 1962. Slavery is legal once again. The few Jews who still survive hide under assumed names. In San Francisco, the I Ching is as common as the Yellow Pages. All because some twenty years earlier the United States lost a war—and is now occupied by Nazi Germany and Japan. This harrowing, Hugo Award–winning novel is the work that established Philip K. Dick as an innovator in science fiction while breaking the barrier between science fiction and the serious novel of ideas. In it Dick offers a haunting vision of history as a nightmare from which it may just be possible to wake. Winner of the Hugo Award
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