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for five years now practitioners who deal with Japanese law have relied on the first edition of this major work, which systematically compares US law and Japanese law across all the major fields of legal practice.. In the last few years, however, Japan’s legal system has changed dramatically. The Recommendations of the Judicial Reform Council have spurred both legislation and Supreme Court decisions in such diverse areas as family law, labour law, discrimination, The right to vote, hostile company mergers, documentary evidence in litigation, judicial review, freedom of religion, and much else. This new edition follows the same comparative structure as formerly, but fully updates the coverage with the many changes currently in place or in process in Japanese law today. Author Carl Goodman—an internationally known authority with extensive experience in international practice, university teaching in both Japan And The US, and US government service —takes expert stock of these new developments, including the following: • liberalization of corporation law--outside directors, use of stock options, hostile mergers, poison pill legislation and guidelines; • the new system of lay/professional judges; • the liberalization of the rules under which parties to litigation may be required to produce documents previously off limits; • certain categories of “indirect discrimination” And The limitations on conduct that can be so defined; • the complete revamping of the education system for lawyers; • the new Labour Court designed to settle employer/employee disputes more quickly and effectively; • the increased extent of a news reporter’s privilege not to disclose sources; • legislation designed to protect spouses from spousal abuse; • new criminal law on police interrogation techniques; • growth in judicial review including Constitutional and Administrative cases; and • family law—surrogacy, adoption, international custody and differences in the definition of “spouse” for various purposes. Although the alteration of the legal landscape in Japan is highly visible, The author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get.” for this reason, and for its comprehensive coverage, this second edition is sure to gain new adherents as the best-informed practical guide for lawyers with dealings in Japan.
Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.
Business is one of the major power centres in modern society. The state seeks to check and channel that power so as to serve broader public policy objectives. However, if the way in which business is governed is ineffective or over burdensome, it may become more difficult to achieve desired goals such as economic growth or higher levels of employment. In a period of international economic crisis, the study of how business and government relate to each other in different countries isof more central importance than ever.These relationships have been studied from a number of different disciplinary perspectives - business studies, economics, economic history, law, and political science - and all of these are represented in this handbook. The first part of the book provides an introduction to the ways in which five different disciplines have approached the study of business and government. The second section, on the firm and the state, looks at how these entities interact in different settings, emphasising suchphenomena as the global firm and varieties of capitalism. The third section examines how business interacts with government in different parts of the world, including the United States, the EU, China, Japan and South America. The fourth section reviews changing patterns of market governance through aunifying theme of the role of regulation. Business-government relations can play out in divergent ways in different policy and the fifth section examines the contrasts between different key arenas such as competition policy, trade policy, training policy and environmental policy.The volume provides an authoritative overview with chapters by leading authorities on the current state of knowledge of business-government relations, but also points to ways in which this work might be developed in the future, e.g., through a political theory of the firm.
Lawsuits are rare events in most people's lives. High-stakes cases are even less commonplace. Why is it, then, that scholarship about the Japanese legal system has focused almost exclusively on epic court battles, large-scale social issues, and corporate governance? Mark D. West's Law in Everyday Japan fills a void in our understanding of the relationship between law and social life in Japan by shifting the focus to cases more representative of everyday Japanese life. Compiling case studies based on seven fascinating themes—karaoke-based noise complaints, sumo wrestling, love hotels, post-Kobe earthquake condominium reconstruction, lost-and-found outcomes, working hours, and debt-induced suicide—Law in Everyday Japan offers a vibrant portrait of the way law intermingles with social norms, historically ingrained ideas, and cultural mores in Japan. Each example is informed by extensive fieldwork. West interviews all of the participants-from judges and lawyers to defendants, plaintiffs, and their families-to uncover an everyday Japan where law matters, albeit in very surprising ways.
How has Japan managed to become one of the most important economic actors in the world, without the corresponding legal infrastructure usually associated with complex economic activities? The Changing Role of Law in Japan offers a comparative perspecti
An examination of the development and potential of the Japanese navy in the context of the US-Japan alliance. It presents Japan's coming of age as a military - primarily naval - power in a series of case studies on sea-lane defence, minesweeping and participation in UN peacekeeping operations.
The twenty contributions in this book, by academics, former government officials, and businessmen address issues in the world trading system.