Syllabus
LAW338B.001
Japanese Law:
Business Law in Japan
(2010-2011)
Tuesday, 9:30 -12:30
(revised)
Shigenori Matsui
Professor of Law, University of British Columbia, Faculty of Law
Phone 604-822-5592
1822 East Mall, Vancouver, BC V6T 1Z1 rm. #146
e-mail matsui@law.ubc.ca
Seminar 3 CREDITS
Basic Purpose of the Course
This course is designed to introduce the Japanese Business Law. Even
though Japan is the second largest economy in the world and Japanese companies are
doing business all over the world, there are many unique characteristics in business
practices and business law in Japan. The course will provide the students with the
opportunity to learn about the basic framework of business law and its peculiar
characteristics.
Topics to be covered include historical development of law, legal process,
judicial system, lawyers, legal education, relationship between law and society, and
major issues in business law, including constitutional foundation, constitutional
protection of economic freedoms, property, contract, tort, product liability, basic
framework of corporation law, corporate governance, derivative actions, merger and
acquisition, anti-trust regulation, security regulation, administrative regulation on
business activities, and business crimes and punishment.
There are no pre-requisite courses for taking this course. But the students
are encouraged to bring their own knowledge of their business law and engage in
comparative analysis of Japanese Law.
Evaluation
Class participation 30%
I would like to reward some points to those students who actively
participated in the classroom discussion.
Final paper 70%
Each participant is supposed to write a paper, roughly 15 pages, double
spaced, on one of the topics in Japanese business law. The deadline for submission is
April 28. 2011. The students can pick up any of the topics covered during the course
or any other topics that might be relevant to the business law in Japan. I will be
happy to talk to you regarding the choice of topic and possible relevant information
on the subject.
Textbook
K ENNETH L. P ORT & G ERALD P AUL M C A LINN , C OMPARATIVE L AW : L AW AND THE
L EGAL P ROCESS IN J APAN (2 nd edition Carolina Academic Press 2003)(cited as P&M)
Other useful books
H IROSHI O DA , J APANESE L AW (3rd edition, Oxford: Oxford University Press 2009)
C URTIS J. M ILHAUPT , J. M ARK R AMSEYER , M ARK D. W EST , T HE J APANESE
L EGAL S YSTEM (New York, Foundation Press 2006)
S HIGENORI M ATSUI , T HE C ONSTITUTION OF J APAN : A C ONTEXTUAL A NALYSIS
(Oxford: Hart Publishing 2010)
Course Outline
Participants are requested to read the relevant pages of the textbook beforehand and
come to the class. If you do not have a textbook, I would recommend you to read the
underlined article in each section. The other materials listed here are only for
students who would like to have much deeper knowledge in the topic .
Active participation in the class discussion is strongly encouraged.
The following books will be cited as indicated:
J APANESE C ONSTITUTIONAL L AW 123-149 (Percy R. Luney, Jr. & Kazuyuki Takahashi
eds. Tokyo: University of Tokyo Press 1993) J APANESE C ONSTITUTIONAL L AW
L AW IN J APAN : A T URNING P OINT (Daniel H. Foote ed. Seattle: Washington
University Press 2007) T URING P OINT
1 LEGAL PROCESS AND JUDICIAL PROCESS
January 4 Class 1
01 Introduction: Why Business Law in Japan Matters? P&M, pp
3-27
*I will explain the basic purpose of the course and give brief outline of the
course. We will then learn why the business law in Japan matters to Canadian
students.
01-1 Arthur T. von Mehren, The Rise of Transnational Legal Practice and the Task of
Comparative Law, 75 Tul. L. Rev. 1215 (2001)
01-2 Kenneth L. Port, The Case for Teaching Japanese Law at American Law School, 43
DePaul L. Rev. 643 (1994)
01-3 Daniel H. Foote, The Roles of Comparative Law: Inaugural Lecture for the Dan
Fenno Henderson Professorship in East Asian Legal Studies, 73 Wash. L. Rev. 25 (1998)
January 11 Class 2
02 History of Law in Japan P&M, pp29-46, 58-65
* We will briefly examine the historical development of law in Japan,
specially paying attention to development of business law.
02-1 Carl Steenstrup, New Knowledge Concerning Japan’s Legal System before 1868,
Acquired from Japanese Sources by Western Writers since 1963, in T URNING P OINT at 7
02-2 Kenzo Takayanagi, A Century of Innovation: The Development of Japanese Law -1868-1961, in L AW IN J APAN : T HE L EGAL O RDER IN A C HA NGING S OCIETY 6-12,15-23, 27-33
(von Mehren ed. Harvard University Press 1963)
02-3 Nobuhiko Kasumi, Criminal Trials in the Early Meiji Era—With Particular
Reference to the Ugaki/Shirei System, in T URNING P OINT at 34
02-4 Alfred C. Oppler, The Reform of Japan’s Legal and Judicial System under the
Occupation, in Legal Reform of Japan during the Allied Occupation 1 (Washington Law
Review Special Reprint 1977)
02-5 David A. Funk, Traditional Japanese Jurisprudence: Justifying Loyalty and Law ,
17 U.L. Rev. 171 (1990)
03 Judicial System P&M, pp 66-74
* We will examine the basic judicial system in Japan.
03-1
Supreme
Court
of
Japan,
Overview
of
the
Judicial
System
in
Japan,
http://www.courts.go.jp/english/system/index.html
03-2 Percy Luney, The Judiciary: Its Organization and Status in the Parliamentary
System, in J APANESE C ONSTITUTIONAL L AW at 123-149, also available on 53 Law &
Contemp. Probs. 135 (Winter 1990)
03-3 Ichiro Kitamura, The Judiciary in Contemporary Society: Japan, 25 Case Western
Reserve Journal of International Law 263 (1993)
January 18 Class 3
04 Judges P&M, pp 74-79
* We will see who the judges are and what the general attitude of judges in
adjudicating legal disputes is. We will pay special attention to the role played by the
judges in Japan.
04-1 Takaaki Hattori, The Role of the Supreme Court of Japan, in the Field of Judicial
Administration, 60 Washington Law Review 69-86 (1984)
04-2 Sestuo Miyazawa, Administrative Control of Japanese Judges, in L AW
TECHNOLOGY IN THE
AND
P ACIFIC C OMMUNITY 263-81 (Philip S.C. Lewis ed., Boulder:
Westview Press 1994)
04-3 J. M ARK R AMSEYER & F RANCES M C C ALL R OSENBLUTH , J APAN ’ S P OLITICAL
M ARKETPLACE (Harvard University Press 1993)
04-4 J. Mark Ramseyer, The Puzzling (In)dependence of Courts: A Comparative
Approach, 23 J. Legal Stud. 721 (1994)
04-5 John O. Haley, Judicial Independence in Japan Revisited, 25 Law in Japan 1 (1995)
04-6 John O. Haley, The Japanese Judiciary: Maintaining Integrity, Autonomy, and
the Public Trust, in T URNING P OINT at 99
04-5 Frank Upham, Review Essay: Political Lackeys or Faithful Public Servants? Two
Views of the Japanese Judiciary, 30 Law & Soc. Inquiry 421 (2005)
05 Lawyers and Prosecutors P&M, pp131-43, 148-79
*We will examine why Japan can manage the society with such a small
number of lawyers. The special attention is also paid to the role of foreign lawyers in
Japan.
05-1 Masanobu Kato, The Role of Law and Lawyers in Japan and the United States,
1987 BUY Law Review 627-97
05-2 John Haley, The New Regulatory Regime for Foreign Lawyers in Japan: An
Escape from Freedom, 5 UCLA Pacific Basin Law Journal 1-15 (1986)
05-3 John O. Haley, Redefining the Scope of Practice under Japan’s New Regime for
Regulating Foreign Lawyers, 21 Law in Japan 18 (1988)
05-4 Sabrina Shizue McKenna, Japanese Judicial Reform: Proposal for Judicial Reform
in Japan: An Overview, 2 Asian-Pacific L. & Pol'y J. 121 (2001)
January 25 Class 4
06 Legal Education P&M, pp 144-48
* We will examine the traditional legal education system in Japan and how it
was reformed in 2004 by the introduction of law school system.
06-1 Edward Chen, The National Law Examination of Japan, 39 J. Legal Education 1-25
(1989)
06-2 Setsuo Miyazawa with Hiroshi Otsuka, Legal Education in Japan: Legal Education
and the Reproduction of the Elite in Japan, 1 Asian-Pacific L. & Pol'y J. 2 (2000)
06-3 Dan Rosen, Reform in Japanese Legal Education: Schooling Lawyers, 2
Asian-Pacific L. & Pol'y J. 66 (2001)
06-4 George Shumann, Beyond Litigation: Legal Education Reform in Japan and What
Japan’s New Lawyers Will Do, 13 U. Miami Int'l & Comp. L. Rev. 475 (2006)
06-5 Kahei Rokumoto, Legal Education, in T URNING P OINT 190
07 Judicial Process P&M 359-424
* We will examine the basic process of civil litigation. Especially, we will
learn what kind of role the civil litigation plays in the Japanese society.
07-1
The
Supreme
Court
of
Japan,
Outline
of
Civil
Litigation
in
Japan,
http://www.courts.go.jp/english/proceedings/civil_suit_index.html
07-2 Harold See, The Judiciary and Dispute Resolution in Japan; A Survey, 10 Fla. St.
U.L. Rev. 339 (1982)
07-3 Carl Goodman, Japan's New Civil Procedure Code: Has it Fostered a Rule of Law
Dispute Resolution Mechanism?, 29 Brooklyn J. Int'l L. 511 (2004)
07-4 Yasuhei Taniguchi, The Development of an Adversary System in Japanese Civil
Procedure, in T URNING P OINT at 80
February 1 Class 5
08 Alternative Dispute Resolution P&M, pp 427-52
* We will learn the important role of alternative dispute resolution in the
Japanese society.
08-1 Lynn Berat, The Role of Conciliation in the Japanese Legal System, 8 The American
University Journal of International Law and Policy 133 (1992)
08-2 Max Bolstad, Learning from Japan: The Case for Increased Use of Apology in
Mediation, 48 Clev. St. L. Rev. 545 (2000)
08-2 Mitchell Stephens, I'm Sorry: Exploring the Reasons Behind the Differing Roles of
Apology in American and Japanese Civil Cases, 14 Widener Law Review 185 (2008)
08-3 Tammy Bryant, Family Models, Family Dispute Resolution and Family Law in
Japan, 14 UCLA Pacific Basin Law Journal 1 (1995)
09 Law and Society P&M, pp 93-113
* We will examine what kind of role the law plays in Japan. Special focus is
paid on the relationship between law and the society.
09-1 Takeyoshi Kawashima, Dispute Resolution in Contemporary Japan, in L AW
IN
J APAN 41, 43-48 (von Mehren ed. Harvard University Press 1963)
09-2 Takeyoshi, Kawashima, The Legal Consciousness of Contract in Japan, 7 Law in
Japan 1 (1974)(Translated by Charles R. Stevens)
09-3 Setsuo Miyazawa, Taking Kawashima Seriously: A Review of Japanese Research
on Japanese Legal Consciousness and Disputing Behavior, 21 Law & Society Review
219-41 (1987)
09-4 John Haley, The Myth of Reluctant Litigant, 4 J. of Japanese Studies 359-390
(1978)
09-5 John Haley, Sheathing the Sword of Justice in Japan: An Essay on Law without
Sanctions, 8 J. of Japanese Studies 265-281 (1982)
09-6 Mark Ramseyer & Minoru Nakazato, The Reluctant Litigant: Settlement Amounts
and Verdicts Rates in Japan, 18 J. of Legal Studies 263-290 (1989)
09-7 Danile H. Foote, Resolution of Traffic Accident Disputes and Judicial Activism in
Japan, 25 Law in Japan 19 (1995)
09-8 Carl F. Goodman, The Somewhat Less Reluctant Litigant: Japan's Changing View
Towards Civil Litigation, 32 Law & Pol'y Int'l Bus. 769 (2001)
09-9 Tom Ginsburg and Glenn Hoetker, The Unreluctant Litigant? An Empirical
Analysis of Japan's Turn to Litigation, 35 J. Legal Stud. 31 (2006)
09-10 Eric Feldman, Law, Culture, and Conflict: Disputes Resolution in Postwar Japan,
in T URNING P OINT at 50
2 BUSINESS LAW IN JAPAN
February 8 Class 6
10 Constitutional Foundation: Structure of the Government P&M,
pp 181-249
* We will learn the basic structure of government and how legislation is
drafted and enacted through the legislature. We also see the pacifism clause in the
Constitution and its relevance to business law.
10-1 Kazuyuki Takahashi, Contemporary Democracy in a Parliamentary System, in
J APANESE C ONSTITUTIONAL L AW at 87-107, 53 Law & Contemp. Prob. 105 (1990)
10-2 Mutsuo Nakamura & Teruki Tsunemoto, The Legislative Process: Outline and
Actors, in F IVE
DECADES OF
C ONSTITUTIONALISM
J APANESE S OCIETY 195-219 (Yoichi
IN
Higuchi ed. Tokyo: University of Tokyo Press 2001)
10-3 Michio Muramatssu and Ellis S. Krauss, Bureaucrats and Politicians in
Policymaking: The Case of Japan, 78 American Political Science Review 126 (1984)
10-4 Kazuyuki Takahashi, Ongoing Changes in the Infrastructure of a Constitutional
System: From Bureaucracy to Democracy, in T URNING P OINT , at 237
11 Constitutional Protection of Economic Rights P&M, pp 303-49
* We will learn to what extent economic freedom is protected under the
Japanese Constitution. Even though economic freedom is broadly protected in Japan,
the courts are reluctant to review the constitutionality of economic regulation. We
will talk why the Japanese judiciary has developed such a conservative jurisprudence
and the possibility of revitalizing the power of judicial review.
11-1 Mutsuo Nakamura, Freedom of Economic Activities and the Right to Property, in
J APANESE C ONSTITUTIONAL L AW at 255-67, 53 Law & Contemp. Prob. 1 (Spring 1990).
11-2 Shigenori Matsui, Lochner v. New York in Japan: Protecting Economic Liberties in
a Country Governed by Bureaucrats, in L AW
AND
T ECHNOLOGY
IN THE
P ACIFIC
C OMMUNITY 199 (Philip S.C. Lewis ed. Boulder, Westview Press 1994)
February 14-18 Midterm Break
February 22 Class 7
12 Property and Contract P&M, pp457-89
* We will examine the basic rules of civil law. The special attention is paid to
the law of contract. We will see come of the characteristics of contract in Japan.
12-1 Hiroshi Wagatsuma & Arthur Rosett, Cultural Attitudes towards Contract Law:
Japan and United States Compared, 2 UCLA Pacific Basin L J 76-97 (1983)
12-2 Zentaro Kitagawa, Use and Non-use of Contracts in Japanese Business relations: A
Comparative Analysis, in J APAN : E CONOMIC S UCCESS
AND
L EGAL S YSTEM 145-165 (Herald
Bau ed. Berlin: Walter de Gruyter 1997)
12-3 Michael K. Young, Masanobu Kato, Akira Fujimoto, Essay: Japanese Attitudes
towards Contracts: An Empirical Wrinkle in the Debate, 34 Geo. Wash. Int'l L. Rev. 789
(2003)
12-4 Takashi Uchida & Veronica Taylor, Japan’s “Era of Contract,” in T URNING P OINT , at
454
13 Tort P&M, pp 913-47
* We will see the basic framework of tort law in Japan. Special attention is
paid to medical malpractice suit and environment litigation. We will learn how the
Japanese courts came to hold companies and hospital liable for their conducts.
13-1 Hiroshi Wagatsuma & Arthur Rosett, The Implications of Apology: Law and
Culture in Japan and the United States, 20 Law & Society Rev 461-198 (1986)
13-2 Takao Tanase, The Management of Disputes; Automobile Accident Compensation
in Japan, 24 Law & Society Review 651-691 (1990)
13-3 Koichiro Fujikura, Litigation, Administrative Relief, and Political Settlement for
Pollution Victim Compensation: Minamata Mercury Poisoning after Fifty years, in
T URNING P OINT , at 384
13-4 Robert B. Leflar, Medical Error, Deception, Self-Critical Analysis, and Law’s
Impact: A Comparative Examination, in T URNING P OIN t at 404
March 1 Class 8
14 Product Liability Law and Consumer Protection Law P&M, pp
948-63
* We will examine the development of products liability rule in Japan. Even
though there is the Products Liability Act, that imposes liability on producers, there
is not much products liability litigation in Japan. We will see the reasons why.
14-1 Susan H. Easton, Note: The Path for Japan?: An Examination of Product Liability
Laws in the United States, the United Kingdom, and Japan, 23 B.C. Int'l & Comp. L. Rev.
311 (2000)
14-2 Jason F. Cohen, Note: The Japanese Product Liability Law: Sending a
Pro-consumer Tsunami through Japan’s Corporate and Judicial Worlds , 21 Fordham
Int'l L.J. 108 (1997)
14-3 Nancy L. Young, Comment: Japan's New Products Liability Law: Increased
Protection for Consumers, 18 Loy. L.A. Int'l & Comp. L.J. 893 (1996)
14-4 Anita Bernstein & Paul Fanning, "Weightier than a Mountain": Duty, Hierarchy,
and the Consumer in Japan, 29 Vand. J. Transnat'l L. 45 (1996)
14-5 Andrew Marcuse, Comment: Why Japan’s New Products Liability Law Isn’t, 5 Pac.
Rim L. & Pol'y 365 (1996)
14-6 9 Wendy A. Green, Comment: Japan's New Product Liability Law: Making Strides
or Business as Usual?, 9 Transnat'l Law. 543 (1996)
14-7 Luke Nottage, The Present and Future of Product Liability Dispute Resolution in
Japan, 27 Wm. Mitchell L. Rev. 215 (2000)
14-8 Mark A. Behrens & Daniel H. Raddock, Japan's New Product Liability Law: The
Citadel of Strict Liability Falls, but Access to Recovery is Limited by Formidable
Barriers, 16 U. Pa. J. Int'l Bus. L. 669 (1995-1996)
15 Labor Law P&M, pp 543-580
* We will examine the labor contract and labor law in Japan. We will see that
most of the Japanese companies are not willing to fire employees and there are
elaborate employment protection laws. Yet, in reality, the Japanese workers are
forced to work overtime without adequate compensation and some of the workers die
for overwork.
15-1 Daniel H. Foote, Judicial Creation of Norms in Japanese Labor Law: Activism in
Service of –Stability?, 43 UCLA L. Rev. 635 (1996)
15-2 Ryuichi Yamakawa, Labor Law Reform in Japan: A Response to Recent
Socio-Economic Changes, 49 Am. J. Comp. L. 627 (2001)
15-3 Kaiulani Eileen Sumi Kidani, Comment: Japanese Corporate Warriors in Pursuit of
a Legal Remedy: The Story of Karoshi, or "Death From Overwork" in Japan, 21 Hawaii
L. Rev. 169 (1999)
15-4 Ryuich Yamakawa, From Security to Mobility?: Changing Aspects of Japanese
Dismissal Law, in T URNING P OINT at 483
15-5 Ronald J. Gilson & Mark J. Roe, Lifetime Employment: Labor Peace and the
Evolution of Japanese Corporate Governance, 99 Colum. L. Rev. 508 (1999)
15-6 Robbi Louise Miller, The Quiet Revolution: Japanese Women Working Around the
Law, 26 Harv. Women’s l. J. 163 (2003)
March 8 Class 9
16 Corporation Law: Establishing Corporations P&M, pp491-514
* We will learn the basic framework of corporation law. First, we will learn
the basic process of establishing corporations.
16-1 Ronald J. Gilson, Reflections in a Distant Mirror: Japanese Corporate Governance
through American Eyes, 1998 Colum. Bus. L. Rev. 203
16-2 Zenichi Shishido, Japanese Corporate Governance: The Hidden Problems of
Corporate Law and Their Solutions, 25 Det. J. Corp. L. 189 (2000)
16-3 Zenichi Shishido, Reform in Japanese Corporate Law and Corporate Governance:
Current Changes in Historical Perspective, 49 Am. J. Comp. L. 653 (2001)
16-4 Mark West, Information, Institutions, and Extortion in Japan and the United
States: making Sense of Sokaiya Racketeers, 93 Nw. U. L. Rev. 767 (1999)
16-5 Yoshiro Miwa & Mark Ramseyer, The Myth of the Main Bank and Corporate
Governance, 27 Law & Soc. Inquiry 401 (2002)
16-6 Curtis J. Milhaupt, On the (Fleeting) Existence of the Main Bank System and other
Japanese economic Institutions, 27 Law & Soc. Inquiry 425 (2002)
16-7 Dan Puchniak, Reverse Main Bank Rescue in the Lost Decade: Proof that Unique
Institutional Incentives Drive Japanese Corporate Governance, 16 Pac. Rom. L . & Pol’y
J. 13 (2007)
17 Corporate Governance P&M, pp 514-25, 531-41
* We will learn some of the peculiar characteristics of corporate governance
in Japan.
17-1 Curtis J. Milhaupt, Creative Norm Destruction: The Evolution of Nonlegal Rules in
Japanese Corporate Governance, 149 U. Pa. L. Rev. 2083 (2001)
17-2 Curtis J. Milhaupt, A Relational Theory of Japanese Corporate Governance:
Contract, Culture, and Rule of Law, 37 Harv. Int'l L.J. 3 (1996)*
17-3 Ronald J. Gilson & Curtis J. Milhaupt, Choice as Regulatory Reform: The Case of
Japanese Corporate Governance, 53 Am. J. Comp. L. 343 (2005)
17-4 Hideki Kanda & Curtis J. Milhaupt, Reexamining Legal Transplants: The Director’s
Fiduciary Duty in Japanese Corporate Law, in Turning Point at 437
17-5 Dan W. Puchniak, The 2002 Reform of the Management of Large Corporations in
Japan: A Race to Somewhere?, 5 Aust. J. Asian L. 42 (2003)
17-6 Dan Puchniak, The Japanization of American Corporate Governance? Evidence of
the Never-Ending History for Corporate Law, in 9 Asian-Pacific Law & Policy (2007)
17-7 Mark West, The Puzzling Divergence of Corporate Law; Evidence and
Explanations from Japan and the United States, 150 U. Pa. L. rev. 527 (2001)
17-7 R. Daniel Kelemen & Eric C. Sibitt, The Americanization of Japanese Law, 23 U. Pa.
J. Int’l Econ. L. 269 (2002)
March 15 Class 10
18 Derivative Actions P&M, pp 525-31
* We will learn the system of derivative suits, especially focusing how it
works and how it is effective in controlling the corporate executives.
18-1 Mark D. West, The Pricing of Shareholder Derivative Actions in Japan and the
United States, 88 Nw. U.L. Rev. 1436 (1994)
18-2 Bruce E. Aronson, Reconsidering the Importance of Law in Japanese Corporate
Governance: Evidence from the Daiwa Bank Shareholder Derivative Case, 36 Cornell
Int'l L.J. 11 (2003)
18-3 Mitsuru Misawa, Shareholders' Action and Director's Responsibility in Japan , 24
Penn St. Int'l L. Rev. 1 (2005)
18-4 Mark West, Why Shareholders Sue: The Evidence from Japan, 30 J. Legal Stud.
351 (2001)
19 Merger and Acquisition
* We will see the regulation and control of merger and acquisition. The
special focus is paid on the possibility of hostile takeover. We will learn that the
hostile takeover is extremely difficult in Japan.
19-1 J.Mark Ramseyer, Takeovers in Japan: Opportunism, Ideology and Corporate
Control, 35 UCLA L. Rev. 1 (1987)*
19-2 Curtis J. Milhaupt, In the Shadow of Delaware?: The Rise of Hostile Takovers in
Japan, 105 Colum. L. Rev. 2171 (2005)*
March 22 Class 11
20 Anti-trust Regulations P&M, pp 757-82
* We will see the framework of anti-trust regulation in Japan. We will learn
that there are many “dango” and trade restrictions yet the enforcement of anti-trust
law is often difficult. We will also see what kind of role the government has played to
facilitate the trade restrictions.
20-1 Harry First & Tadashi Shiraishi, Concentrated Power: The Paradox of Antitrust in
Japan, in T URNING P OINT at 521
20-2 Ronald J. Gilson & Mark J. Roe, Understanding the Japanese Keiretsu: Overlaps
between Corporate Governance and Industrial Organization, 102 Yale L. J. 871 (1993)
20-3 Harry First, Antitrust in Japan: The Original Intent, 9 Pac. Rim L. & Pol'y J. 1
(2000)
20-4 Harry First, Antitrust Enforcement in Japan, 64 Antitrust L.J. 137 (1995-1996)
21 Intellectual Property P&M, pp 631-69, 676-84
* We will examine how intellectual property is protected in Japan. We will
focus on the copyright protection.
21-1 Dennis S. Karjala & Keiji Sugiyama, Fundamental Concepts in Japanese and
American Copyright Law, 36 Am. J. Comp. L. 613 (1988)
21-2 Salil Mehra, Copyright and Comics in Japan: Does Law Explain Why All the
Cartoons My Kid Watches Are Japanese Imports?, 55 Rutgers L. Rev. 155 (2002)
21-3 Salil K. Mehra, Copyright, Control, and Comics: Japanese Battles Over
Downstream Limits on Content, 56 Rutgers L. Rev. 181 (2003)
21-4 Daniel J. Gervais, Transmissions of Music on the Internet: An Analysis of the
Copyright Laws of Canada, France, Germany, Japan, the United Kingdom, and the
United States, 34 Vand. J. Transnat’l L. 1363, 1382-85 (2001)
21-5 Hisanari Harry Tanaka, Post-Napster: Peer-to-Peer File Sharing Systems Current
and Future Issues on Secondary Liability under Copyright Laws in the United States
and Japan, 22 Loy. L.A. Ent. L. Rev. 37, 64-69 (2001).
21-6 Shigenori Matsui, Intellectual High Court in Japan, NEW COURTS IN ASIA
(Andrew Harding & Penelope (Pip) Nicholson eds. 2010).
March 29 Class 12
22 Regulation of Business: Administrative Law P&M, pp 1001-64
* We will see the framework of government regulation of business and how
the company can challenge the exercise of governmental power. We will learn how the
administrative agencies regulate the business conducts through administrative
guidance and how difficult it is to challenge the administrative exercise of power.
22-1 Michael Young, Administrative Guidance in the Courts: A Case Study in Doctrinal
Adaptation, 17 Law in Japan 120-151 (1984)
22-2 Michael Young, Judicial Review of Administrative Guidance: Governmentally
Encouraged Consensual Dispute Resolution in Japan, 84 Colum. L. Rev. 923 (1984)
22-3 Shoukitsu Tanakadate, A Summary of Limitations on Administrative Adjudication
under the Japanese Constitution, 18 Law in Japan 108-117 (1986)
22-4 David Boling, Access to Government-Held Information in Japan: Citizens' "Right
to Know" Bows to the Bureaucracy, 34 Stan. J Int'l L. 1 (1998)
22-5 Ken Duck, Comment: Now That the Fog Has Lifted: The Impact of Japan’s
Administrative Procedures Law on the Regulation of Industry and Market Governance ,
19 Fordham Int'l L.J. 1686 (1996)
22-6 Katsuya Uga, Development of the Concepts of Transparency and Accountability in
Japanese Administrative Law, in T URNING P OINT at 276
22-7 Tom Ginsburg, The Politics of Transparency in Japanese Administrative Law, in
T URNING P OINT at 304
23 Administrative Regulation—Case of Economic Regulation
* We will see the actual operation of economic regulation. The special
attention is paid to the regulation of large-scale stores. This case study is designed to
show the actual mechanism of economic regulation in Japan.
23-1 Frank Upham, Legal Formality and Industrial Policy, in L AW AND S OCIAL
C HANGE IN P OSTWAR J APAN 166-204 (Cambridge: Harvard University Press 1987)
26-2 Frank K. Upham, Privatizing Regulation of the Large-Scale Retail Stores Law, in
Gary D. Allison & Yasunori Sone, eds. P OLITICAL D YNAMICS
IN
C ONTEMPORARY J APAN 264
(Cornell University Press 1993)
26-3 Jean Heilman Grier, Japan’s Regulation of Large Retail Stores: Political Demands
versus Economic Interests, 22 U. Pa. J. Int'l Econ. L. 1 (2001)
April 5 Class 13
24 Business Crime and Criminal Law P&M, pp 783-838
* We will see how the government imposes criminal punishment on business
crimes. We will learn that, if prosecuted, it is almost certain for the courts to convict
the defendant.
24-1 John O. Haley, Policemen and Prosecutors: Crime without Punishment, in
A UTHORITY
WITHOUT
P OWER : L AW
AND THE
J APANESE P ARADOX 121 (Oxford University
Press 1991)
24-2 J. Mark Ramseyer and Eric B. Rasmusen, Why is the Japanese Conviction Rate So
High?, 30 J. Legal Stud. 53 (2001)
24-3 Koya Matsuo, The Development of Criminal law in Japan since 1961, in T URNING
P OINT at 312
24-4 Joseph Hoffmann, Globalization of Criminal Law, in T URNING P OINT at 334
24-5 Daniel Foote, The Benevolent Paternalism of Japanese Criminal Justice, 80 Cal. L.
Rev. 317 (1992)
24-6 David T. Johnson, Criminal Justice in Japan, in T URNING P OINT at 343
25 Wrap-Up