Legal innovations in Asia : judicial lawmaking and the influence of comparative law

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Legal innovations in Asia : judicial lawmaking and the influence of comparative law

edited by John O. Haley, Toshiko Takenaka

（Studies in comparative law and legal culture）

Edward Elgar, c2014

Available at  / 6 libraries

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Includes bibliographical references and index

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Description

'Armed mainly with tremendous scholarly energy, the University of Washington has developed into the premier center of Asian legal studies in North America. This volume is a tribute to the breadth and depth of activity at the Asian Law Center over its first five decades, and a treasure trove of substantive insights into comparative law in Asia. As Asian law continues to attract more attention around the world, we must all be grateful for the contributions of the innovators who built the field.' - Tom Ginsburg, University of Chicago Law School, US 'Professors Haley and Takenaka have put together a wonderfully eclectic collection of essays to commemorate the founding of the Asian Law Center at the University of Washington School of Law in 1964. Written by leaders in their respective fields, the essays, which explore legal developments, innovations and transplants in Japan and its neighbours, will appeal to scholars and students of Japanese law, as well as comparative lawyers with an interest in Asian law.' - Jean Ho, National University of Singapore 'For fifty years now, the University of Washington's Asian Law Center has stood at the center of American scholarship on Japanese law. Its scholars have consistently produced the very best work in the field, and men and women associated with it have increasingly turned their attention to other legal systems in Asia as well. In this broad-ranging volume, the contributors explore the intriguing connections among the many legal systems at stake. They have produced a tantalizing blend of analytical depth and geographical breadth.' - J. Mark Ramseyer, Harvard Law School, US Legal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries. Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia. Students and scholars of Asian law will find this a timely and fascinating read, as will legal practitioners and colleagues of the Asian Law Center. Contributors: H. Baum, D. Clarke, J. Eddy, D.H. Foote, J.O. Haley, K. Ishida, K.S. Kim, V.I. Lo, C.B. Lombardi, S. Matsui, H.D. Nam, O. Phanraska, T. Takenaka, V.L. Taylor, K. Toha, T.S. Utomo, T.-S. Wang, R. Yamakawa, D. Zang

Table of Contents

Contents: Preface Introduction John O. Haley and Toshiko Takenaka PART 1: ASIAN LAW CENTER - THE FIRST HALF CENTURY 1. The First Decades, 1961-2000 John O. Haley 2. Navigating Law's Asian Century Veronica L. Taylor 3. The Asian Law Center: An Evolution Jon Eddy PART II: THE ROLE OF COMPARATIVE LAW IN LEGAL INNOVATIONS 4. Comparison of Law, Transfer of Legal Concepts, and Creation of a Legal Design: The Case of Japan Harald Baum PART III: ROLE OF COURTS IN JAPAN AND LEGAL INNOVATIONS: JAPAN, CHINA, AND ISLAMIC ASIA 5. Judicial Law-making and the Creation of Legal Norms in Japan: A Dialogue John O. Haley and Daniel H. Foote 6. The Supreme Court of Japan and Online Pharmacies Shigenori Matsui 7. Civil Procedure and Anti-modern Myths in "Harmonious Society": China and Prewar Japan Compared Dongsheng Zang 8. Judicial Activism in China Vai Io Lo 9. The Role of Courts in "Making" Islamic Law: South and Southeast Asia Clark B. Lombardi 10. Limitations on the Termination of Fixed-term Employment Contracts: Judicially Created Rules and Their Codification in Japanese Law Ryuichi Yamakawa 11. Goddess of Justice Without a Blindfold: How do Japanese Judges Treat Pro Se Litigants? Kyoko Ishida PART IV: LEGAL TRANSPLANTS AND INFLUENCE OF JAPANESE LAW IN ASIA 12. The Influence of Japanese Law on Taiwan Law Tay-Sheng Wang 13. Corporate Law and Corporate Law Scholarship in Korea: A Comparative Essay Kon Sik Kim 14. Judicial Innovation in Chinese Corporate Law Donald Clarke 15. The Influence of US and Japanese Laws upon Indonesian Law Kurnia Toha PART V: LEGAL INNOVATIONS IN INTELLECTUAL PROPERTY 16. A Change of Leadership in Patent Policy and Law Development? The Active Role Played by Japanese Courts in Japan's Patent Term Extension Reform Toshiko Takenaka 17. Ethics Rather than Rights: Reconsidering "Transmit Rather than Create": Toward a New Understanding of Korea's Intellectual Property Rights Tradition Hyung Doo Nam 18. What are the Challenges Awaiting the Thai Government if the Bayh-Dole Act is Adopted in Thailand? Orakanoke Phanraska 19. Public Health and Pharmaceutical Patent Protection in Indonesia: The Implementation of the TRIPS Safeguards and other Strategies to Increase Access to Essential Medicines Tomi Suryo Utomo Index

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