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• Title:Comparative law : law and the legal process in Japan / Kenneth L. Port, William Mitchell College of Law; Gerald Paul McAlinn, Keio University Law School; Salil Mehra, Temple University, James E. Beasley School of Law.
  
•    
• Author/Creator:Port, Kenneth L., author.
  
• Other Contributors/Collections:McAlinn, Gerald Paul, author.
  Mehra, Salil, author.
  
• Published/Created:Durham, North Carolina : Carolina Academic Press, [2015]
  

• Holdings

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  • Location: c.1  Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
    
  • Call Number: KNX68 .P67 2015
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Law--Japan.
  Comparative law.
  
• Edition:Third edition.
  
• Description:xxv, 748 pages : illustrations ; 26 cm
  
• Notes:Includes index.
  
• ISBN:9781594608506 (hbk.)
  1594608504 (hbk.)
  
• Contents:Machine generated contents note: I. Introduction
  II. Methodology of Comparative Law
  Introduction to Comparative Law
  III. Japanese Law
  A. Objectives
  B. Japanese Law as Comparative Law
  C. Use of Japanese Law as a Pedagogical Tool
  1. Traditionalist Theory
  2. Revisionist Theory
  3. Rationalist Theory
  4. Informalist Theory
  D. Conclusion
  IV. Perspectives on Comparative Law
  Roles of Comparative Law: Inaugural Lecture for the Dan Fenno Henderson Professorship in East Asian Legal Studies
  On the Limits of "Grand Theory" in Comparative Law
  Notes
  I. Introduction
  Note
  II. Civil Law System (Basic Concepts)
  Roman Law, Common Law, and Civil Law
  Notes
  III. Sources of Japanese Law
  A. Modern Era
  B. Ancient Era
  Traditional Japanese Jurisprudence: Justifying Loyalty and Law
  Notes
  C. American Constitution as a "Source of Law" in Japan
  American Constitution and Japanese Minpo, 1945-1980
  Notes
  IV. Judicial System
  Judiciary: Its Organization and Status in the Parliamentary System
  Role of the Supreme Court of Japan in the Field of Judicial Administration
  Notes
  V. Abuse of Right
  Good Faith and Abuse of Procedural Rights in Japanese Civil Procedure
  Note
  VI. Legislative Acts
  Drafting Process for Cabinet Bills
  Notes
  VII. Attitudes Toward Law and Legal Reform
  A. Traditional View
  Introduction to Japanese Law
  B. American Response
  Weak Legal Consciousness as Invented Tradition
  Notes
  VIII. Legal Reform Movement
  Law Reform in Japan: Building Infrastructure for the 21st Century
  Heisei Renewal or Heisei Transformation: Are Legal Reforms Really Changing Japan?
  Notes
  I. Introduction
  Apples v. Persimmons: The Legal Profession in Japan and the United States
  Role of Law and Lawyers in Japan and the United States
  Notes
  II. Practice of Law
  A. Japanese Lawyer System
  Japan Federation of Bar Associations
  B. Lawyer Ethics and Discipline
  Notes
  C. Unlawful Practice of Law
  [Party names not provided in original] ("Unlawful Practice of Law Case")
  Notes
  D. Attorney-Client Privilege
  [Party names not provided in original] ("Investigation Committee Case")
  Notes
  III. Foreign Lawyers in Japan
  Current Situation of Gaikokuho-jimu-bengoshi ("Registered Foreign Lawyers")
  Notes
  IV. Legal Reform
  A. Background to the Legal Reform Movement
  Law Reform, Lawyers, and Access to Justice
  Note
  B. Judicial System Reform Council
  Recommendations of the JRC
  Notes
  V. Legal Education
  Reform of Legal Education in Japan: The Creation of Law Schools without a Professional Sense of Mission
  Japan's New Law Schools: The Story So Far
  Japanese Law Schools: "A Glass Half Full"
  Trials and Tribulations of Japan's Legal Education Reforms
  Public Statement
  Notes
  I. Introduction
  II. Overview
  Incomplete Revolutions and Not So Alien Transplants: The Japanese Constitution and Human Rights
  Notes
  III. Voting Rights: Malapportionment
  Koshiyama v. Chairman, Supervision Commission
  "The Upper House Election Case"
  Reducing Malapportionment in Japan's Electoral Districts: The Supreme Court Must Act
  Notes
  IV. Renunciation of War
  Historical Context of Article 9
  Sakata v. Japan ("The 'Sunakawa Case"')
  Ito v. Minister of Agriculture and Forestry ("Naganuma I")
  Minister of Agriculture, Forestry and Fisheries v. Itoh ("Naganuma II")
  Note
  Article Nine of Japan's Constitution: From Renunciation of Armed Force "Forever" to the Third Largest Defense Budget in the World
  Constitutional Transformation and the Ninth Article of the Japanese Constitution (Kempo hensen to kempo kyujo)
  Peace in Theory and Practice Under Article 9 of Japan's Constitution
  Special Note
  Meaning of Article 9 of the Japanese Constitution
  Notes
  V. Freedom of Expression
  Ienaga v. Japan
  Freedom of Expression: The Continuing Revolution
  Notes
  VI. Judicial Independence
  Judicial Review in Japan: The Strategy of Restraint
  Judiciary: Its Organization and Status in the Parliamentary System
  Spirit of Japanese Law
  Japan's Political Marketplace
  MacArthur's Japanese Constitution
  Notes
  Constitution of Japan, 1946
  I. Introduction
  II. Overview
  Japanese International Law "Revolution": International Human Rights Law and Its Impact in Japan
  Notes
  III. Prisons
  1999 Country Reports on Human Rights Practices
  Alternative Report to the Fourth Periodic Report of Japan on the International Covenant on Civil and Political Rights
  Notes
  IV. Freedom of Religion
  Separation of Church and State in Japan: What Happened to the Conservative Supreme Court?
  Notes
  V. Women's Rights
  How Japan's Recent Efforts to Reduce Sex Trafficking can be Improved Through International Human Rights Enforcement Mechanisms: Fulfilling Japan's Global Legal Obligations
  Notes
  VI. Ainu
  Kayano et al. v. Hokkaido Expropriation Committee ("The Nibutani Dam Decision")
  Essential Commodities and Racial Justice: Using Constitutional Protection of Japan's Indigenous Ainu People to Inform Understandings of the United States and Japan
  Notes
  I. Introduction
  II. Overview
  Japanese Civil Procedure in Comparative Law Perspective
  Notes
  1996 Code of Civil Procedure of Japan [
  ] A Procedure for the Coming Century?
  Reform of Civil Procedure in Japan
  Notes
  III. Justiciability
  "The Wooden Mandala Case"
  Notes
  IV. Attitudes Toward Litigation
  Myth of the Reluctant Litigant
  Rational Litigant: Settlement Amounts and Verdict Rates in Japan
  Law and Social Change in Postwar Japan
  Notes
  V. Non-Litigation Conflict Resolution Methods
  A. Alternative Dispute Resolution
  Compromise (wakai)
  Conciliation (chotei)
  Arbitration (chusai)
  Alternative Dispute Resolution in Court: The Japanese Experience
  Role of Conciliation in the Japanese Legal System
  Outline of Civil Litigation in Japan
  Notes
  VI. International Commercial Disputes in Japan
  Resolution of International Commercial Disputes in Japan
  Notes
  A. Dispute Resolution Through Administrative Guidance
  Judicial Review of Administrative Guidance: Governmentally Encouraged Consensual Dispute Resolution in Japan
  Notes
  I. Introduction
  II. Overview
  Contract Law and the Japanese Negotiation Process
  III. Consciousness of Contract
  Legal Consciousness of Contract in Japan
  Notes
  IV. Duty to Enter a Contract
  D. James Wan Kim Min v. Mitsui Bussan K.K.
  Notes
  V. Contract Formation
  Fawlty & Co Ltd v. Matsui Shoten K.K.
  VI. Contract, Tort and Public Policy
  [Party names not provided in original] ("The Seductive Saleslady Case")
  Fuji Zenpon K.K. v. Shiseido K.K. ("Shiseido Franchise Termination Case")
  Contract and Tort, Chapter 5
  Notes
  VII. Japan and the CISG
  Accession by Japan to the Vienna Sales Convention (CISG)
  VIII. Reform of the Civil Code
  Contract Law Reform in Japan and the UNIDROIT Principles
  Notes
  I. Introduction
  II. Overview
  Notes
  III. Employees and Managers
  [Party names excluded from original] ("The Chorus Member Case")
  Notes
  IV. Nature of the Employment Relationship
  A. Wrongful Termination and Abuse of Right
  Shioda v. Kochi Broadcasting Company
  B. Lifetime Employment and Termination
  Dismissal Procedures and Termination Benefits in Japan
  Tanaka v. Hitachi Seisakusho ("Hitachi Factory Overtime Case")
  Notes
  V. Karoshi
  Kono v. Dentsu, Inc. (The Tort of "Wrongful Death from Overwork")
  Notes
  VI. Workplace Equality
  A. Gender Discrimination
  Equal Employment and Harmonization of Work and Family Life: Japan's Soft-Law Approach
  Note
  Development of Labor Policy on Women: From the Perspectives of Justice, Effective Use, and Welfare
  B. Sexual Harassment
  Sexual Harassment in the Workplace and Equal Employment Legislation
  Notes
  I. Introduction
  II. Overview
  Notes
  III. Possession
  Japan v. [name not provided in original]
  Notes
  IV. Abuse of Rights (kenri no ranyo)
  Shinagawa v. Kurobe Rd.
  Notes
  V. Adverse Possession
  Japan v. Furuyama
  Note
  VI. Expropriations and Regulatory Takings
  New Tokyo International Airport Public Corp. v. Sanrizuka Shibayama Union to Oppose the Airport
  Sanrizuka Shibayama Union to Oppose the Airport v. Japan
  Expropriation and Compensation in Japan
  Notes
  VII. Zoning
  Sumiyoshi, Inc. v. Governor, Hiroshima Prefecture
  Notes
  Special Note
  I. Introduction
  II. Copyrights (chosakuken)
  A. Overview
  Fundamental Concepts in Japanese and American Copyright Law
  Notes
  B. Independent Protection of Fictional Characters
  King Features v. [Party Name Not Provided in Original]
  Hasegawa v. Tachikawa Bus K.K.
  Notes
  C. Protection of Software
  Copyright Protection of Computer Software in Japan
  Notes
  D. Moral Rights
  Konami, K.K. v. Ichiro Komami
  Konami K.K. v. Spec Computer K.K.
  Notes
  E. Contributory Infringement
  Japan v. Kaneko
  Notes
  III. Trademarks (shohyoken)
  A. Introduction
  B. Overview
  Notes
  C. First-to-Register vs. First-to-Use
  McDonald's Co. (Japan), Ltd. v. K.K. Marushin Foods
  Notes
  D. Product Configuration
  Matsui Corporation, K.K. v. Shaday, K.K.
  Contents note continued: Gibson Guitar Corporation v. Fernandes, K.K.
  Notes
  E. Domain Names
  K.K. JACCS v. Nihonkai Pakuto
  Notes
  F. Dilution of Famous Marks
  Sony, K.K. v. Yugen Kaisha Walkman
  Notes
  I. Introduction
  Benevolent Paternalism of Japanese Criminal Justice
  II. Overview
  Rights of the Criminally Accused
  Lay Judges
  Japan's Past Experiences with the Institution of Jury Service
  [Parties not named in the original]
  Notes
  III. Search and Seizure
  Japan v. Kobayashi
  Notes
  IV. Arrest
  Miyauchi v. Japan ("The Hiratsuka Case")
  Notes
  V. Right to Counsel
  Ando and Saito v. Japan
  Notes
  VI. Prosecutorial Discretion
  Discretionary Authority of Public Prosecutors in Japan
  Notes
  VII. Prison Life
  "Substitute Prison": A Hotbed of False Criminal Charges in Japan
  Notes
  VIII. Death Penalty
  Japan v. Nagayama
  Notes
  I. Introduction
  II. Intentional Torts
  A. Misrepresentation
  Edogawa Gakuen v. Okawai ("The School Curriculum Case")
  Notes
  III. Medical Malpractice
  A. Overview
  Tort and Compensation in Japan: Medical Malpractice and Adverse Effects from Pharmaceuticals
  B. Duty of Care
  Utagawa v. Japan
  Notes
  C. Malpractice and Criminal Negligence
  [Party names not provided in original] ("The Failure to Supervise Case")
  Notes
  Personal Injury Compensation Systems in Japan: Values Advanced and Values Undermined
  IV. Mass Torts
  Survey of Environmental Law and Policy in Japan
  Watanabe v. Chisso Corporation
  Notes.