CRN33 East Asian Law and Society

 

Sessions & Business Meeting

 

at

The Law and Society Association Annual Meeting

(Chicago, USA; May 2010)

 

 

 

 

27 May 2010 (Thursday)    2:30p.m. - 4:15 p.m.

 

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?

 

 

Chair:

 

Kwai Ng (University of California, San Diego) 

 

 

 

Presenters and Papers:

 

Hiromi Amemiya (University or Toyama):

Poverty and Land Ownership in Africa: A Comparison between the Japanese and Tanzanian Ownership Concepts

 

Jianlin Chen (University of Chicago):

US Culture War in Singapore: Same Rhetoric, Different Outcome

 

Chulwoo Lee (Yonsei University):

How Can You Say You’re Korean? Law, Governmentality, and National Membership in South Korea

 

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)

 

 

 

 

 

28 May 2010 (Friday)    10:15 a.m. – 12:00 p.m.

 

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.

 

 

Chair:

 

Tom Ginsburg (University of Chicago)

 

 

Presenters and Papers:

 

Wen-Chen Chang (National Taiwan University):

The Convergence of Constitutions and International Human Rights Law: East Asian Perspective

 

Moon Hyun Koh (Soongsil University):

A Control to the Exercise of President's Pardoning Power

 

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

 

Craig Martin (University of Pennsylvania):

Judicial Review and National Security: A Comparative Analysis and Implications for Japan

 

 

 

 

 

28 May 2010 (Friday)    12:30 p.m. – 2:15 p.m.

 

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.

 

 

 

Presenters and Papers:

 

Kay-Wah Chan (Macquarie University):

China’s Labour Laws in Transition

 

Chia-Wen Lee (National Cheng Kung University):

Civilizing Taiwan with Neo-Liberalism? Should Taiwan Substitute the Death Penalty with “Sicherungsverwahrung” and “Frührungsaufsicht”?

 

Haiyan Liu (Indiana University, Bloomington):

The Enforcement of Intellectual Property Rights in the United States and China

 

 

 

 

 

28 May 2010 (Friday)    2:30 p.m. – 4:15 p.m.

 

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).

 

 

Chair:

 

Matthew A. Light (University of Toronto)

 

 

Authors:

 

David T. Johnson (University of Hawaii)

 

Franklin E Zimring (University of California, Berkeley)

 

 

Readers:

 

Sandra Babcock (Northwestern University)

 

Sangmin Bae (Northeastern Illinois University)

David Leheny (Princeton University)

Setsuo Miyazawa (Aoyama Gakuin University) 

 

 

 

 

28 May 2010 (Friday)    4:30 p.m. – 6:15 p.m.

 

CRN33 East Asian Law and Society-- Business Meeting 2505

 

 

Chair:

 

Setsuo Miyazawa (Aoyama Gakuin University)

 

 

 

 

 

29 May 2010 (Saturday)    8:15 a.m. - 10:00 a.m.

 

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.

 

 

 

Chair & Discussant:

 

Kay-Wah Chan (Macquarie University) 

 

 

 

Presenters and Papers:

 

Michael H. Fox (Hyogo University):

Wrongful Convictions East and West: The "M.E"--Medical Examiner or Miscreant Expert?

 

Ayako Hirata (University of Tokyo):

Regulatory Enforcement of Environmental Law in Japan

 

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

 

Salil K Mehra (Temple University):

Law, Harm, and Cultural Cognition: An Experiment with Interactive Cartoons

 

Eri Osaka (Toyo University):

Asbestos Litigation in the U.S. and Japan: A Comparative Study

 

 

 

 

 

29 May 2010 (Saturday)    10:15 a.m. - 12:00 p.m.

 

CRN33 East Asian Law and Society-- Lawyering in Japan 3205

 

Abstract:

This panel will discuss changing patterns of lawyering in Japan.

 

 

Presenters and Papers:

 

Kyoko Ishida (Waseda University):

Pro Bono Activities of Japanese Lawyers

 

Shozo Ota (University of Tokyo):

Social Images of Japanese Lawyers: A Preliminary Results

 

Richard B Parker (Hiroshima Shudo University):

Patriarchy in Japan and in the West

 

Lawrence Repeta (Omiya Law School):

The Constitutional Role of Japan's Private Attorneys

 

 

 

 

 

29 May 2010 (Saturday)    2:30 p.m. – 4:15 p.m.

 

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.

 

 

 

Chair & Discussant:

 

David T. Johnson (University of Hawaii) 

 

 

Presenters and Papers:

 

Ayumu Arakawa (Nagoya University) and Naoko Kawano (Nagoya University):

The Effect of Instructions about the Role of the Saiban-in on Verdicts

 

Hiroshi Fukurai (University of California, Santa Cruz):

The Lay Judge Systems in Okinawa

 

Mami Hiraike Okawara (Takasaki City Univ of Economics):

Burden of Proof: Different Languages, Different Judgments in Japan?

 

Mari Hirayama (Hakuoh University):

The Impact of Saiban-in System on Crime Policy for Sex Crime

 

Takayuki Ii (Hirosaki University):

Therapeutic and Heuristic Effects of Lay Judge Trials in Japan

 

 

 

 

 

29 May 2010 (Saturday)    4:30 p.m. – 6:15 p.m.

 

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.

 

 

 

Chair & Discussant:

 

Setsuo Miyazawa (Aoyama Gakuin University)  

 

 

Presenters and Papers:

 

Yukyong Choe (University of California, Berkeley):

The Impact of US Legal Education in Korea

 

Akira Fujimoto (Shizuoka University):

The Crisis of the Bar Exam and Legal Education in Japan

 

Taro Urashima (University of Tango):

An Overview of Legal Education Reform in East Asia

 

Richard Wu (University of Hong Kong):

Improving Assessment Practices in Hong Kong Legal Education: Lessons from Other Common Law Jurisdictions