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27 May 2010
(Thursday) 2:30p.m. -
4:15 p.m.
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CRN33
East Asian Law and Society--Colonial/Postcolonial Law in Asia 1407
Abstract:
Colonialism
in East Asia historically involved efforts to remake Asian societies in
accordance with prevailing European legal institutional frameworks. While
some Asian societies embraced colonial law as an opportunity to modernize
their legal systems, other resisted them as a gesture of imperialism. This
panel invites papers to explore the rich connections (broadly defined)
between colonialism and East Asian legal systems. While the panel is
interested in papers offering historical analyses of colonialism, it also
welcomes papers that examine current debates between colonial and
postcolonial law in East Asia. For example, in what ways can we describe some
East Asian legal systems as postcolonial?
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Chair:
Kwai Ng (University of California, San Diego)
Presenters and Papers:
Hiromi Amemiya (University or Toyama):
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Poverty and Land
Ownership in Africa: A Comparison between the Japanese and Tanzanian
Ownership Concepts
Jianlin Chen (University of Chicago):
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US Culture War in
Singapore: Same Rhetoric, Different Outcome
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Chulwoo Lee (Yonsei University):
How Can You Say
You’re Korean? Law, Governmentality, and National Membership in South Korea
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Kwai Ng (University of California, San Diego):
Can the Common Law be
Postcolonial?
Dan Shao (University
of Illinois, Urbana-Champaign):
Redefining Chinese:
Nationality Law, Jus Sanguinis, and Colonial/Post-Colonial State Succession
(1909-1980)
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28 May 2010
(Friday) 10:15 a.m. –
12:00 p.m.
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CRN33
East Asian Law and Society-- Constitutional Law and Judicial Review in Asia
2230
Abstract:
East
Asian jurisdictions have seen a resurgence in constitutional law and judicial
review. This panel explores
this issue.
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Chair:
Tom Ginsburg (University of Chicago)
Presenters and Papers:
Wen-Chen Chang (National Taiwan University):
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The Convergence of
Constitutions and International Human Rights Law: East Asian Perspective
Moon Hyun Koh (Soongsil University):
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A Control to the
Exercise of President's Pardoning Power
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Sung Ho Kim (Yonsei U/Harvard-Yenching Institute) and Chaihark Hahm
(Yonsei U/The Hague Institute):
Legitimacy,
Continuity and Identity in the Making of South Korea’s 1948 Constitution
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Craig Martin (University of Pennsylvania):
Judicial Review and
National Security: A Comparative Analysis and Implications for Japan
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28 May 2010
(Friday) 12:30 p.m. –
2:15 p.m.
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CRN33
East Asian Law and Society-- Law and Social Change in East Asia 2305
Abstract:
This
panel explores issues related to law and social change in China, Taiwan, and
South Korea.
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Presenters and Papers:
Kay-Wah Chan (Macquarie University):
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China’s Labour Laws
in Transition
Chia-Wen Lee (National Cheng Kung University):
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Civilizing Taiwan
with Neo-Liberalism? Should Taiwan Substitute the Death Penalty with
“Sicherungsverwahrung” and “Frührungsaufsicht”?
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Haiyan Liu (Indiana University, Bloomington):
The Enforcement of
Intellectual Property Rights in the United States and China
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28 May 2010
(Friday) 2:30 p.m. –
4:15 p.m.
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CRN33
East Asian Law and Society-- Author Meets Reader--The Next Frontier: National
Development, Political Change, and the Death Penalty in Asia, by David T.
Johnson and Franklin E. Zimring 2405
Abstract:
The book
is "The Next Frontier: National Development, Political Change, and the
Death Penalty in Asia" (Oxford University Press, 2009). The authors are David T. Johnson
(University of Hawaii) and Franklin E. Zimring (University of California at
Berkeley).
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Chair:
Matthew A. Light (University of Toronto)
Authors:
David T. Johnson (University of Hawaii)
Franklin E Zimring (University of California, Berkeley)
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Readers:
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Sandra Babcock (Northwestern University)
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Sangmin Bae (Northeastern Illinois University)
David Leheny (Princeton University)
Setsuo Miyazawa (Aoyama Gakuin University)
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28 May 2010
(Friday) 4:30 p.m. –
6:15 p.m.
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CRN33
East Asian Law and Society-- Business Meeting 2505
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Chair:
Setsuo Miyazawa (Aoyama Gakuin University)
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29 May 2010
(Saturday) 8:15 a.m.
- 10:00 a.m.
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CRN33
East Asian Law and Society--Law and Dispute Resolution in East Asia 3105
Abstract:
This
panel will explore how disputes are addressed and resolved in Japan, Taiwan,
the United States, and other national and cultural contexts. It will focus on
issues related to asbestos litigation, tort law, family law, and
environmental regulation.
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Chair & Discussant:
Kay-Wah Chan (Macquarie University)
Presenters and Papers:
Michael H. Fox (Hyogo University):
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Wrongful Convictions
East and West: The "M.E"--Medical Examiner or Miscreant Expert?
Ayako Hirata (University of Tokyo):
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Regulatory
Enforcement of Environmental Law in Japan
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Shu-chin Grace Kuo (National Chung-Cheng University):
Reproducing Legal
Knowledge of Family Law: An Anthropological Project in the Family Dispute
Mediation Room in Taiwan
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Salil K Mehra (Temple University):
Law, Harm, and
Cultural Cognition: An Experiment with Interactive Cartoons
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Eri Osaka (Toyo
University):
Asbestos Litigation in the U.S.
and Japan: A Comparative Study
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29 May 2010
(Saturday) 10:15 a.m.
- 12:00 p.m.
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CRN33
East Asian Law and Society-- Lawyering in Japan 3205
Abstract:
This
panel will discuss changing patterns of lawyering in Japan.
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Presenters and Papers:
Kyoko Ishida (Waseda University):
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Pro Bono Activities
of Japanese Lawyers
Shozo Ota (University of Tokyo):
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Social Images of
Japanese Lawyers: A Preliminary Results
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Richard B Parker (Hiroshima Shudo University):
Patriarchy in Japan
and in the West
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Lawrence Repeta (Omiya Law School):
The Constitutional
Role of Japan's Private Attorneys
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29 May 2010
(Saturday) 2:30 p.m.
– 4:15 p.m.
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CRN33 East Asian Law
and Society and CRN04 Lay Participation in Legal Systems--The Saiban-in System:
Theory and Practice 3405
Abstract:
This
panel will explore the workings on the saiban-in system, still in its first
year of operation in Japan.
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Chair & Discussant:
David T. Johnson (University of Hawaii)
Presenters and Papers:
Ayumu Arakawa (Nagoya University) and Naoko Kawano (Nagoya
University):
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The Effect of
Instructions about the Role of the Saiban-in on Verdicts
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Hiroshi Fukurai (University of California, Santa Cruz):
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The Lay Judge Systems
in Okinawa
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Mami Hiraike Okawara (Takasaki City Univ of Economics):
Burden of Proof:
Different Languages, Different Judgments in Japan?
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Mari Hirayama (Hakuoh University):
The Impact of
Saiban-in System on Crime Policy for Sex Crime
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Takayuki Ii (Hirosaki
University):
Therapeutic and Heuristic
Effects of Lay Judge Trials in Japan
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29 May 2010
(Saturday) 4:30 p.m.
– 6:15 p.m.
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CRN33 East Asian Law
and Society -- Legal Education in Asia 3505
Abstract:
This
panel will feature papers on changing patterns of legal education in Asia.
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Chair & Discussant:
Setsuo Miyazawa (Aoyama Gakuin University)
Presenters and Papers:
Yukyong Choe (University of California, Berkeley):
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The Impact of US
Legal Education in Korea
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Akira Fujimoto (Shizuoka University):
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The Crisis of the Bar
Exam and Legal Education in Japan
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Taro Urashima (University of Tango):
An Overview of Legal
Education Reform in East Asia
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Richard Wu (University of Hong Kong):
Improving Assessment
Practices in Hong Kong Legal Education: Lessons from Other Common Law
Jurisdictions
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