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The Japanese Lawyer, 35 Neb
CORE Metadata, citation and similar papers at core.ac.uk Provided by DigitalCommons@University of Nebraska Nebraska Law Review Volume 35 | Issue 3 Article 3 1956 The aJ panese Lawyer Judson S. Woodruff Oklahoma Bar Association member Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Judson S. Woodruff, The Japanese Lawyer, 35 Neb. L. Rev. 429 (1956) Available at: https://digitalcommons.unl.edu/nlr/vol35/iss3/3 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. THE JAPANESE LAWYER 429 THE JAPANESE LAWYER Judson S. Woodruff':' I. INTRODUCTION Japan's explosive emergence from centuries of se}f-imposed and incredibly complete isolation from the civilizations both of the West and the rest of the East began nearly ninety years ago. From the time of the Meiji Restoration the structure of Japanese society has been modernized with surprising speed and thorough ness. This transformation was initially the deliberate work of a relatively small band of able, imaginative, and enthusiastic Jap anese leaders. Once the barriers were down, once normal inter course with other nations began, ordinary cross-culturation began having substantial effects. Finally, and most recently, a seven year military and civil occupation both directly and indirectly imposed upon Japan still other important changes.1 Today, as a result of these influences, alone in Asia Japan can accurately be described as an industrial nation. -
Judicial System in Azerbaijan and Its Impact on the Right to a Fair Trial of Human Rights Defenders
The Functioning of the Judicial System in Azerbaijan and its Impact on the Right to a Fair Trial of Human Rights Defenders September 2016 Pre-publication copy This report is produced in the framework of the initiative “Increasing Accountability and Respect for Human Rights by Judicial Authorities” by the Netherlands Helsinki Committee and the Helsinki Foundation for Human Rights. For more information please refer to: www.defendersORviolators.info The publication is available online as a PDF. ISBN: 978-83-62245-58-1 Warsaw, 2016 Editor: Helsinki Foundation for Human Rights 00-018 Warsaw, Zgoda 11, www.hfhr.org.pl Design: Julianna Mahorowska Table of Contents Executive summary p. 4 Introduction p. 6 I. European standards on the independence and impartiality of the judiciary p. 8 I.1. Independence of judiciary p. 8 I.2. Impartiality of the judiciary p. 9 II. Prosecution authorities in Azerbaijan p. 10 II.1. Organization of the public prosecution service p. 10 II. 2. Selection of candidates p. 11 II. 3. Training p. 12 II. 4. Nomination and appointment of prosecutors p. 13 II. 5. Accountability p. 14 II. 6. Dismissal p. 14 II. 7. Disciplinary responsibility of prosecutors p. 15 II. 8. Conclusions p. 17 III. Organization of the judiciary p. 18 III.1. Selection of candidates p. 19 III. 2. Training p. 20 III. 3. Nomination and appointment of judges p. 21 III. 4. Probation period p. 22 III. 5. Organization of the judiciary p. 22 Judicial legal council p. 22 Constitutional court and the Supreme Court p. 25 Immunity and dismissal of judges p. -
Situa T I on Response
SITUATION August 2020 REPORT PERU REFUGEES AND PEOPLE REACHED WITH SOME FUNDING SITUATION** MIGRANTS IN PERU FORM OF ASSISTANCE* 23,7 FUNDED: $35,35 M 830 ,000 24,000 REQUIREMENT: $148,64 M % Si t u a t i o n During August, Peru has registered over 7,000 confirmed COVID-19 infections and 200 deaths per day. Due to this increase, on 12 August the government reinstated the lockdown in more affected regions, national 24h curfew on Sunday, and banned family gatherings. On 2 August, the government suspended the need to validate medical professional degrees as a requirement to contribute in the response to the pandemic and support the public health system. As such, from 15 August, foreign health professionals, including refugees and migrants from Venezuela, can join in the country’s efforts against COVID-19. The National Superintendence of Migration (SNM), in partnership with the National Police (PNP), the National Penitentiary Institute (INPE) and the Judiciary of Peru, incorporated an online option to obtain criminal and judicial records through the Immigration Digital Platform. These records are needed to apply for the Special Residence Status that applies for all those with Temporary Stay Permits (PTP) including refugees and migrants from Venezuela. Respons e During the month, some 100 gender-based violence (GBV) other essential items, needed by vulnerable refugees and survivors in Lima, were assisted with psychosocial support. Also, migrants from Venezuela. Additionally, 400 persons benefited partners reinforced response on GBV by working together with from CBI specifically to address health concerns. Casa de la Mujer, a temporary shelter managed by the Some 600 refugees and migrants accessed mental health Municipality of Lima, and distributed hygiene kits, thermic sessions and another 600 received psychosocial support. -
The Reform of Japan's Legal and Judicial System Under Allied Occupation
Washington Law Review Volume 24 Number 3 8-1-1949 The Reform of Japan's Legal and Judicial System Under Allied Occupation Alfred C. Oppler Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Military, War, and Peace Commons Recommended Citation Alfred C. Oppler, Far Eastern Section, The Reform of Japan's Legal and Judicial System Under Allied Occupation, 24 Wash. L. Rev. & St. B.J. 290 (1949). Available at: https://digitalcommons.law.uw.edu/wlr/vol24/iss3/10 This Far Eastern Section is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. FAR EASTERN SECTION THE REFORM OF JAPAN'S LEGAL AND JUDICIAL SYSTEM UNDER ALLIED OCCUPATION ALFRED C. OPPLER* I. GENERAL BACKGROUND OF THE REFORMS r.The Novelty of the Occupation The novel character of Allied occupations after World War II has been repeatedly emphasized in recent literature.' The modern type of treatment of the occupied nation by the conquering authority assert- edly aims at far broader objectives when compared to military occupa- tions of the past. It no longer restricts itself to disarming the enemy from a purely military and technical point of view, but is designed to prevent him from future aggression by what may be termed as psycho- logical disarmament. Yet it may be remembered that such effort is not without precedent in history 2 Napoleon I, another military occupant, was a great reformer and succeeded in having the European countries he conquered adopt ideas and institutions resulting from the French Revolution whose son he has been called. -
The Judiciary and Dispute Resolution in Japan: a Survey
Florida State University Law Review Volume 10 Issue 3 Article 1 Fall 1982 The Judiciary and Dispute Resolution in Japan: A Survey Harold See University of Alabama School of Law Follow this and additional works at: https://ir.law.fsu.edu/lr Part of the Comparative and Foreign Law Commons Recommended Citation Harold See, The Judiciary and Dispute Resolution in Japan: A Survey, 10 Fla. St. U. L. Rev. 339 (1982) . https://ir.law.fsu.edu/lr/vol10/iss3/1 This Article is brought to you for free and open access by Scholarship Repository. It has been accepted for inclusion in Florida State University Law Review by an authorized editor of Scholarship Repository. For more information, please contact [email protected]. FLORIDA STATE UNIVERSITY LAW REVIEW VOLUME 10 FALL 1982 NUMBER 3 THE JUDICIARY AND DISPUTE RESOLUTION IN JAPAN: A SURVEY HAROLD SEE* An overly brief and misleadingly simple history of the evolution of Japanese legal institutions would begin with the proposition that a century and a quarter ago Japan was a feudal society. By "opening" to the West, Japan was forced to "modernize" (West- ernize) its laws. As a code system is easier than a common law sys- tem to impose wholesale on a society, the continental European civil law countries served as a model for Japan, which patterned its codes primarily on the civil code of Germany and the criminal code of France. After defeat in the Second World War and subsequent occupation by United States forces, both an independent judiciary and an adversary system were superimposed on Japan's code sys- tem. -
The Leticia Incident
The Leticia Incident The Colombian - Peruvian Border Conflict of 1932-1934 Exhibit Focus This thematic exhibit explores the territorial dispute between Colombia and Peru over control of the city of Leticia in Department of Amazonas and the League of Nations involvement in resolving the conflict. Introduction Local Peruvians, angry that Leticia had been ceded to Colombia in 1922, invaded Leticia to regain control of the territory. After nine months of fighting, Colombia and Peru agreed to abide by League arbitration to settle the quarrel. The League sent a Commission for the Administration of the Territory of Leticia to the area for one year. During peace treaty negotiations, a neutral military force under the Commission’s supervision policed the disputed territory. Exhibit Development The story-line progresses chronologically from the initial invasion of Colombian territory by Peru, through peace negotiations, to the League’s final decision to award the city and territory to Colombia. Commission for the Territory of Leticia, Colombia to Washington, D.C. U.S.A,, December 1933 Importance and Rarity via Bogotá, Colombia, 27 December 1933, League of Nations embossed seal on flap This was the earliest neutral military force under Surface rate paid by Pan American Union Postal Convention postage paid indicia (violet box) international control for peace-keeping purposes. It Eight recorded examples of official mail sent within Pan American Union countries remains the model for modern peace-keeping. Only twenty-six examples of official mail to -
(3Rd Circuit Court of Appeals) Opening Brief For
Case: 20-1765 Document: 18 Page: 1 Date Filed: 06/15/2020 NO. 20-1765 IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________________________ MÁXIMA ACUÑA-ATALAYA, DANIEL CHAUPE-ACUÑA, JILDA CHAUPE- ACUÑA, CARLOS CHAUPE-ACUÑA, YSIDORA CHAUPE-ACUÑA, ELIAS CHAVEZ-RODRIGUEZ, MARIBEL HIL-BRIONES, Plaintiffs/Appellants, v. NEWMONT MINING CORPORATION, NEWMONT SECOND CAPITAL CORPORATION, NEWMONT USA LIMITED, AND NEWMONT PERU LIMITED, Defendants/Appellees. ______________________________________________________ On Appeal from the United States District Court for the District of Delaware Civil Action No. 17-1315 (Honorable Gerald Austin McHugh, District Judge) ______________________________________________________ OPENING BRIEF FOR PLAINTIFFS/APPELLANTS AND JOINT APPENDIX VOL. I ______________________________________________________ Richard Herz Marissa Vahlsing Marco Simons Benjamin Hoffman Wyatt Gjullin EARTHRIGHTS INTERNATIONAL 1612 K Street NW, Suite 800 Washington, DC 20006 June 15, 2020 Tel: (202) 466-5188 Case: 20-1765 Document: 18 Page: 2 Date Filed: 06/15/2020 TABLE OF CONTENTS TABLE OF AUTHORITIES .............................................................................................. v INTRODUCTION................................................................................................................ 1 JURISDICTIONAL STATEMENT ................................................................................... 3 ISSUES PRESENTED ........................................................................................................ -
Japan & (And) the Rule of Law
UCLA UCLA Pacific Basin Law Journal Title Japan & (and) the Rule of Law Permalink https://escholarship.org/uc/item/8q47w0f6 Journal UCLA Pacific Basin Law Journal, 16(2) Author Maslen, Susan Publication Date 1998 DOI 10.5070/P8162022115 Peer reviewed eScholarship.org Powered by the California Digital Library University of California JAPAN & THE RULE OF LAW Susan Maslen* INTRODUCTION Japan's code-based legal system is primarily modeled on the civil laws of Germany and France. The Constitution, also, is the product of western influence, namely that of the United States which acted as a bearer of the values of the Allied Forces at the end of World War II. These legislative instruments form the na- tion's "written" or "received" law and purport to provide a con- sistent normative structure of all- inclusive rules. Under Japanese law the provisions of the Constitution of 1947 are invio- lable even by legislative means. To this end, the courts are em- powered to scrutinize the constitutionality of all laws, ordinances and administrative decrees. The rule of law is fundamental to Ja- pan's (written) legal system. In addition to the written or "formal" law, there is a body of disparate unwritten extra-judicial norms, or "living" law. Living law includes those long-standing practices, customs and informal social norms representative of Japan's indigenous legal tradition. It is the operation and practical application of living law by gov- ernment authorities, the courts and Japanese citizens alike, which creates a gap between the law as it is written, and the way that it is practiced and enforced on a day to day basis. -
Notes and Abstracts
Journal of Criminal Law and Criminology Volume 7 | Issue 3 Article 11 1916 Notes and Abstracts Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Notes and Abstracts, 7 J. Am. Inst. Crim. L. & Criminology 439 (May 1916 to March 1917) This Note is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. NOTES AND ABSTRACTS ANTHROPOLOGY-PSYCHOLOGY-LEGAL-MEDICINE Prof. De Sanctis on the Method of Criminal and Judicial Psychology.- The article, technically called the "original article" in the February, 1916, number of La Scuola Positiva, is written by Professor De Sanctis on "The Method of Criminal and Judicial Psychology" It is the opening lecture of the course Professor De Sanctis gives at the School of Applied Criminal Sciences at Rome. A School of Applied Science, he says, is not for propaganda; it is essen- tially for the teaching of method and of technic. Criminal psychology has suf- fered for want of proper method. There are two ways of approach in the psy- chology of individuals, of passions, of inventions, of events. One is the way of the historians, the literary men, the physicians, the journalists, and the sociolo- gists. The other is that of the specialists in psychological technic. In spite of the fact that the former method is more interesting and appealing, and some- times even very illuminating, it must be the mission of the psychologists in this school to teach psychology in the fashion of the technical psychologist. -
A Comparative Study of Judicial Review Under Nationalist Chinese and American Constitutional Law
OccAsioNAl PApERs/ REpRiNTS SERiEs 0 ~ iN CoNTEMpORARY AsiAN STudiEs NUMBER 4 -1980 (33) A COMPARATIVE STUDY OF JUDICIAL 0 REVIEW UNDER NATIONALIST -CHINESE I 0 AND AMERICAN CONSTITUTIONAL LAW 0 Jyh-pin Fa, with a Foreward by Stephen A. Saltzburg j ~ScltoolofLAw \,.)' () UNiVERSiTy · of MARylANd ~ Occasional Paper~/Reprints Series in Contemporary' Asian Studies ' General Editor: Hungdah Chiu 0 0 Acting Executive Editor: David Salem Managing Editor: Julia Fang 0 Editorial Advisory Board Professor Robert A. Scalapino, University of California at Berkeley . Professor Martin Wilbur, Columbia University Professor Gaston J. Sigur, George Washington University Professor Shao-chuan Leng, University of Virginia Professor Lawrence W. Beer, University of Cqlorado Professor James Hsiung, New York University Dr. Robert Heuser, Max-Planck-Institute for Comparative Public Law and International Law at Heidelberg Dr. Lih-wu Han, Political Science Association of the Republic of China Professor K~ P. Misra, Jawaharlal Nehru University, India Professor J. S. Prybyla, The Pennsylvania State University Professor Toshio Sawada, Sophia University, Japan Published with the cooperation of the Maryland International• Law Society. All contributions (in English onlyl and communications should be sent to Professor Hungdah Chiu, University of Maryland School of Law. 500 West Baltimore Street. Baltimore, Maryland 21201 USA. All publications in this series reflect only the views of the authors. While the editor accepts responsibility for the selection of maferials to be published. the individual author is responsible for statements of facts and expressions of opinion contained therein. Subscription is US $10.00 for 8 issues (regardless of the price of individual issues! in the United States and Canada aPd $12.00 for overseas. -
World Bank Document
PROJECT INFORMATION DOCUMENT (PID) APPRAISAL STAGE Report No.: AB4987 Justice Services Improvement Project II Project Name Public Disclosure Authorized Region LATIN AMERICA AND CARIBBEAN Sector Law and justice (100%) Project ID P110752 Borrower(s) REPUBLIC OF PERU Implementing Agency Judiciary of Peru Av. Paseo de la República s/n, Palacio N 4to Piso, Oficina 444 Lima Peru Tel: (51-1) 719-6300 Fax: (51-1) 427-0292 [email protected] Public Disclosure Authorized Environment Category [ ] A [] B [ X] C [ ] FI [ ] TBD (to be determined) Date PID Prepared September 30, 2010 Date of Appraisal January 21, 2010 Authorization Date of Board Approval Expected November 18, 2010 1. Country and Sector Background Peru has maintained a sound macroeconomic framework and, as a result, has been able to benefit from these policies in the form of high growth and significant poverty reduction. Between 2004- 2008, Peru's GDP grew at an average rate of 7.6% and, by 2008, the year before the onset of the Public Disclosure Authorized economic crisis, it reached 9.8%, among the strongest growth performances in Latin America and the Caribbean. Fast economic growth has been accompanied by poverty reduction and job creation. Poverty declined from 48.6% in 2004 to 34.8% in 2009, a decline of 13.8 percentage points. While inequality remains high, Peru is making progress in addressing it. Economic growth decelerated sharply in 2009, as a result of the global crisis, but remained positive. The World Bank Group’s Country Partnership Strategy (CPS) for 2007-2011 (Report No. 37913- PE) discussed by the Executive Directors on December 19, 2006 outlines three pillars reflecting Peru’s strategy for development: (i) Economic Growth; (ii) Social Development; and (iii) Modernization of the State1. -
Resistance to the Expansion of Pachakutiq's Inca Empire and Its Effects on the Spanish
RESISTANCE TO THE EXPANSION OF PACHAKUTIQ'S INCA EMPIRE AND ITS EFFECTS ON THE SPANISH CONQUEST A Senior Scholars Thesis by MIGUEL ALBERTO NOVOA Submitted to the Office of Undergraduate Research Texas A&M University in partial fulfillment of the requirements for the designation as HONORS RESEARCH FELLOW May 2012 Major: History Economics RESISTANCE TO THE EXPANSION OF PACHAKUTIQ'S INCA EMPIRE AND ITS EFFECTS ON THE SPANISH CONQUEST A Senior Scholars Thesis by MIGUEL ALBERTO NOVOA Submitted to the Office of Undergraduate Research Texas A&M University in partial fulfillment of the requirements for designation as HONORS RESEARCH FELLOW Approved by: Research Advisor: Glenn Chambers Director for Honors and Undergraduate Research: Duncan Mackenzie May 2012 Major: History Economics iii ABSTRACT Resistance to the Expansion of Pachakutiq's Inca Empire and its Effects on the Spanish Conquest. (May 2012) Miguel Alberto Novoa Department of History Department of Economics Texas A&M University Research Advisor: Dr. Glenn Chambers Department of History This endeavor focuses on the formation and expansion of the Inca Empire and its effects on western South American societies in the fifteenth century. The research examines the Incan cultural, economic, and administrative methods of expansion under Pachakutiq, the founder of the empire, and its impact on the empire’s demise in the sixteenth century. Mainstream historical literature attributes the fall of the Incas to immediate causes such as superior Spanish technology, the Inca civil war, and a devastating smallpox epidemic; however, little is mentioned about the causes within the society itself. An increased focus on the social reactions towards Inca imperialism not only expands current information on Andean civilization, but also enhances scholarly understanding for the abrupt end of the Inca Empire.