Topic
Comparative Law
Posts
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ArticleVol. 88 · Iss. 6
The Supreme Court of Japan: Commentary on the Recent Work of Scholars in the United States
In this Article, the author discusses the issues involving the Supreme Court of Japan (SCJ). It outlines the scholarly works of American law professors…
Tokiyasu Fujita -
ArticleVol. 88 · Iss. 6
Stealth Activism: Norm Formation by Japanese Courts
The Article focuses on the political and social roles of the Japanese Supreme Court to the society. It argues with the remarks made by…
Frank K. Upham -
ArticleVol. 88 · Iss. 6
Constitutional Adjudication in Japan: Context, Structures, and Values
The Article focuses on the author’s views about the judicial decision making of the Japanese Supreme Court. It presents a comparative study of the…
John Owen Haley -
ArticleVol. 88 · Iss. 6
Why Has Judicial Review Failed in Japan?
The Article examines the political and institutional explanations for the failure of judicial review in Japan. It outlines the law reforms on the judicial…
David S. Law -
ArticleVol. 88 · Iss. 6
Why Is the Japanese Supreme Court So Conservative?
The Article explores the development of a conservative constitutional jurisprudence by the Japanese Supreme Court. It describes the process and the power of judicial…
Shigenori Matsui -
NoteVol. 88 · Iss. 3
From Preservative to Transformative: Squaring Socioeconomic Rights with Liberty and the American Constitutional Framework
The U.S. Constitution is not designed to create legally enforceable socioeconomic rights. Despite growing consensus about the normative importance of judicial consideration of socioeconomic…
Micah Zeller -
Online2021
Free the Data! The Scramble to Access Data in Light of Schrems I & II
Maximillian Schrems was a PhD student in Austria when he decided to participate in a study abroad program with Santa Clara University.…
Charlotte Young -
NoteVol. 94 · Iss. 4
Digitizing Tribal Law: How Codification Projects such as Tribal Law Online could give New Rise to American Indian Sovereignty
“Today, in the United States, we have three types of sovereign entities– the Federal government, the States, and the Indian tribes.” The oft- forgotten…
Jacob Franchek -
ArticleVol. 95 · Iss. 5
The Pragmatist Tradition: Lessons for Legal Theorists
As you probably noticed, my title is ambiguous—deliberately so, because my purpose here is twofold: to teach legal theorists something of the pragmatist tradition…
Susan Haack -
ArticleVol. 95 · Iss. 4
Algorithmic Entities
In a 2014 article, Professor Shawn Bayern demonstrated that anyone can confer legal personhood on an autonomous computer algorithm by putting it in control…
Lynn M. LoPucki -
NoteVol. 96 · Iss. 3
Patent Infringement in Personalized Medicine: Limitations of the Existing Exemption Mechanisms
Mr. X suffers from recurrent glioblastoma, a type of deadly brain cancer. One of his physicians reads a study reporting a novel immunotherapy, which…
Jiyeon Kim -
NoteVol. 96 · Iss. 1
Mahr Provisions and the Case for Shari’a Arbitration
The global Muslim population is currently estimated at 1.8 billion people, comprising twenty-four percent of the total global population. The United States alone is…
Cora Allen