The rule of law in Japan : a comparative analysis

著者

書誌事項

The rule of law in Japan : a comparative analysis

Carl F. Goodman

Wolters Kluwer Law & Business, c2008

2nd rev. ed

大学図書館所蔵 件 / 全40件

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注記

"Kluwer Law International"

"Published by: Kluwer Law International" -- T.p. verso

Includes index

内容説明・目次

内容説明

For five years now practitioners who deal with Japanese law have put great store by 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 in Japan-takes expert stock of these new developments, including the following:A* liberalization of corporation law--outside directors, use of stock options, hostile mergers, poison pill legislation and guidelines; A* the new system of lay/professional judges; A* the liberalization of the rules under which parties to litigation may be required to produce documents previously off limits; A* certain categories of A"indirect discriminationA" and the limitations on conduct that can be so defined;A* the complete revamping of the education system for lawyers; A* the new Labour Court designed to settle employer/employee disputes more quickly and effectively;A* the increased extent of a news reporter's privilege not to disclose sources; A* legislation designed to protect spouses from spousal abuse;A* new criminal law on police interrogation techniques; A* growth in judicial review including Constitutional and Administrative cases; and A* family law-surrogacy, adoption, international custody and differences in the definition of A"spouseA" 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 A"what you see may not be what you get.A" 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.

目次

Preface to the Second Edition. I. Introduction. II. Foundations of the Legal System. III. Constitutional Ideology. IV. Separation of Church and State. V. Equality and Issues of Discrimination and Family. VI. The Judiciary. VII. The Legal Profession. VIII. Article 9 Renunciation of War-Military Power and Responsibility. IX. Treaties. X. Corporate Matters. XI. Contracts. XII. Civil Litigation. XIII. Criminal Law. XIV. Administrative Law. XV. Unifying Factors. XVI. Conclusion. Index. Table of Japanese Cases. Table of United States Cases.

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