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Abashiri Prison (Film) 138 Abe, Masaki 77–8 Abuse of Rights 114 JOBNAME: Nottage PAGE: 1 SESS: 2 OUTPUT: Tue Mar 24 11:30:48 2015 Index Abashiri Prison (film) 138 dispute resolution with government Abe, Masaki 77–8 70–72 abuse of rights 114 first-instance filings 72 accountability 144 framework for administrative case ACLL (Administrative Case Litigation law litigation 73–6 Law, No. 139 of 1962) 65, 66, 82, patterns of litigation 69 83, 91 persistent difficulties for claimants administrative law and litigation, suing the state 82–3 Japan 72, 73, 74, 75, 76 recent high-profile claims against acquittal rates 18 local governments 79–82 Act for Promoting QualityAssurance in State Compensation Law (No. 125 of Public Works (APQA) (Law No. 1947) 66, 76, 77, 78 18 of 2005) 179 suits involving state or administrative Act on Childcare Leave, Nursing Leave agencies, statistic overview 68 and the Welfare of Workers who administrative law, Japan have Child and Family Care and contract law 112 Responsibilities (No. 76 of 1991) and litigation see administrative law 110 and litigation, Japan Act on Penal Detention Facilities and reform 116–18 Treatment of Inmates and Administrative ProcedureAct (No. 88 Detainees (Act No. 50 of 2005) of 1993) 116 129 Administrative Procedures Law, 1993 Act on the Regulation of Stalking 76 Behaviour (No. 81 of 2000) 110 ADR (alternative dispute resolution) 91, Act Relating to the Employment 102 Security of the Elderly (No. 68 of adult guardianship, cooperative and 1971) 110 supervisory networks within 112 Act to Partially Revise the National advocacy work 92 PensionAct and OtherActs (No. ageing society, administering welfare in 95 of 1994) 121 see demographics; liberalism; Administrative Case Litigation Law see regulation; welfare ACLL (Administrative Case air pollution litigation 80 Litigation Law, No. 139 of 1962) alternative dispute resolution (ADR) 91, administrative guidance 112, 113, 116 102 administrative law and litigation, Japan AMA (Anti-Monopoly Law) (No. 54 of 12, 70–83 1947) 13, 93, 97 caseload 67, 69, 76 amendment (2013) 181 causes of action against government damages for infringements/violations 76–9 165 207 Leon Wolff, Luke Nottage and Kent Anderson - 9781784717490 Downloaded from Elgar Online at 09/30/2021 12:55:34AM via free access Columns Design XML Ltd / Job: Nottage-Who_Rules_Japan / Division: Index /Pg. Position: 1 / Date: 19/3 JOBNAME: Nottage PAGE: 2 SESS: 2 OUTPUT: Tue Mar 24 11:30:48 2015 208 Who rules Japan? enforcement 164 bengoshi (Japanese attorneys) 1, 8, 10, diversification of 171, 180 66, 89, 92, 93, 96, 98 judicialisation (more frequent fixed-term contracts 100, 101 resort to courts) 165, 174–5, hiring in-house 102 180 sho-mu kenji (state attorneys) in MOJ measures 166–8 69, 82, 86, 87, 88, 99, 101 private enforcers 165, 168–70 TMG, employed by 100 rise in private enforcement, reasons Bentham, Jeremy 133 for 171–5 bid-rigging, municipal government information disclosure provision public procurement contracts 165, 173–4 168, 170, 176, 180 infringements/violations 77, 165, 166 ‘bid-to-estimated price ratio’172 see also competition law enforcement ‘black lung disease’79 Amnesty International 138, 146, 147, black-letter doctrinal analysis 192 155 Botsman, Daniel 128, 134 Anderson, Christopher J. 58–9 Brasor, Phillip 148 Anderson, Kent 28, 150, 154 bubble economy, bursting of (1990s) AppealsAdvisors 96 49–50 APQA seeAct for Promoting Quality bureaucracy 109, 165 Assurance in Public Works (APQA) (Law No. 18 of 2005) Cabinet Office Araki, Takashi 10 Judicial System Reform arbitration 45, 49 Headquarters 65, 74, 75 Aronson, Bruce 97 LegislativeAffairs Bureau 85–6 arson 29, 30, 32 Calvinist work ethic 133 Asbestos Relief Law (No. 4 of 2006) 79 capital punishment see death sentences Associated Press 148 capital sentencing, effect of lay judges Atomic Bomb Survivors Relief Law on 27 (No. 117 of 1994) 79 capitalism 109 attempted murder 31 Carlile, Lonny 6 Auburn prison 133 CCP (Code of Civil Procedure, No. 109 Australia, litigiousness 187 of 1996) 13, 66, 76, 171–2, 174 Australian Government Solicitor (AGS) cease-and-desist orders 166, 167, 168 69, 88 Center for Prisoners’Rights, Japan 137, 155 Bailey, Peter 133, 155 Chesterton, G.K. 41 balancing of interests approach 77 childcare 108, 119–21 BasicAct on Countermeasures toArrest Child/Child-rearing Support Plan the Declining Birth Rate (No. 133 (2004) 115 of 2003) 115 Citizen Ombudsman Liaison Council BasicAct on Countermeasures towards (Zenkoku Shimin Onbuzuman anAged Society (No. 129 of 1995) Renraku Kaigi) 169–70 115 Citizen Ombudsman (Shimin Basic Resident Registration Network Onbuzuman) networks 78, 164, System (‘Juki Net’) 81 169–70, 172, 173, 176, 179 ‘Beginners’(Beginaa), TV show Civil Code (No. 89 of 1896) 12, 76, 121, 199–200 168 benevolent paternalism 10, 35–6, 137 Civil Execution Law 54 Leon Wolff, Luke Nottage and Kent Anderson - 9781784717490 Downloaded from Elgar Online at 09/30/2021 12:55:34AM via free access Columns Design XML Ltd / Job: Nottage-Who_Rules_Japan / Division: Index /Pg. Position: 2 / Date: 19/3 JOBNAME: Nottage PAGE: 3 SESS: 2 OUTPUT: Tue Mar 24 11:30:48 2015 Index 209 civil justice private monopolisation 166 cultural model of Japanese 189 recommendation orders 167 and litigation 188 rise in private enforcement, reasons reforms 1–7, 191 for 171–5 Civil Justice Research Project, Ministry surcharges forAMA violations 166, of Education 71 167 civil procedure taxpayer lawsuits 166–71, 175, 180, and Labour Tribunals 54, 57 181 see also CCP (Code of Civil torts case 168 Procedure, No. 109 of 1996) conciliation 45, 49 Code of Civil Procedure see CCP (Code confessions 26 of Civil Procedure, No. 109 of confidentiality requirement, lay judges 1996) 24 Cohen, Stanley 145 contemporaneity 144 collective bargaining 48 contextualism 114 collective dispute resolution, labour Convention against Torture and Other relations commissions 45, 47 Cruel, Inhuman or Degrading common law 116 Treatment or Punishment (CAT) communitarianism 137, 189 137 ‘community firm’norms 50 convulsive change 146 comparative law 189–90 corporate downsizing 49, 50 compensation schemes 98–9 Correction and Rehabilitation Bureaus see also State Compensation Law 135, 137, 147 (No. 125 of 1947) corrections officers 129 competition law enforcement 13, corrections system 12–13, 128–63 164–201 amending the legislation and Anti-Monopoly Law (No. 54 of reassuring the public 151–3 1947) seeAMA (Antimonopoly historical perspectives 128–9 Act) (No. 54 of 1947) imprisonment conundrums 133–42 bid-rigging, municipal government Japanese law and social change public procurement contracts 129–33 165, 168, 170, 176, 180 reform catalysts 143–55 cease-and-desist orders 166, 167, 168 remaining issues 153–5 Citizen Ombudsman networks 78, shape of reforms 151–5 164, 169–70, 172, 173, 176, 179 see also imprisonment; prisons, court power to determining damages Japan assessment 171–2 criminal interrogations, electronically informal warnings and cautions 167 recording of 36 information disclosure criminal trials, new 18–44 from JFTC 173–4 confidentiality requirement, lay from municipal governments judges 24 172–3 future trends 35–41 ordinances 174 gender aspects, lay judge trials 24–5 litigation incentives 175–6 lay judges 19, 22–5 obstacles identified in 1980s 171 mixed majority rule 21 oil cartel case (1989) 171 no-show rates 22, 23 penal sanctions 166, 168 offences adjudicated in 20 private actions, context 175–80 outcomes 26–35 Leon Wolff, Luke Nottage and Kent Anderson - 9781784717490 Downloaded from Elgar Online at 09/30/2021 12:55:34AM via free access Columns Design XML Ltd / Job: Nottage-Who_Rules_Japan / Division: Index /Pg. Position: 3 / Date: 19/3 JOBNAME: Nottage PAGE: 4 SESS: 2 OUTPUT: Tue Mar 24 11:30:48 2015 210 Who rules Japan? press conferences held following 9, Dispute Resolution Centre for Nuclear 21, 23 Damage Compensation 10 professional judges 20, 21 drug crime 29, 30, 32 rules 20–22 Durkheim, Emile 111 two categories of serious crime adjudicated in 20, 28 economic rationality 190 verdicts 20 electoral rolls, lay judges selected from see also lay judge system, criminal 20 trials employment, lifelong 88–9 employment tribunals, United Kingdom damages 22, 171–2 45 enabling legislation, lay judge reform database of case law, online (Supreme 19 Court) 75 entrepreneurial litigation, US 181 death ex ante regulation/ex post relief 2, 11, of offender or victim, in new criminal 52, 63 trial system 20, 28 ‘executive-centric’society 143 with rape 29 death penalty, degree of willingness to Fair Trade Commission see JFTC use 26–7, 36 (Japanese Fair Trade Commission) Defined Contribution PensionAct (No. Feldman, Eric 77, 132 88 of 2001) 121 financial professionals, scrutiny of demographics 110–111 demographic change in Japan 108, Financial ServicesAgency 86 109, 110, 114, 115, 123 Fineman, Stephen 195 fertility, reasons for changes 109 First, Harry 165 immigration 109 Food Sanitation Law (No. 233 of 1947) population decline 109 73–4 regulation and challenges to Foote, Daniel 130, 143–4 liberalism 109–112 Foreign Prisoner Support Service 138 Dershowitz,Alan M. 192, 193 formalism 114 designated representatives (shitei Foucault, Michel 133–4 dairinin) 70, 96, 99 fraud 29, 30, 32 Diet (Japanese Parliament) 19, 20, 74 French prisons 133–4 dismissal cases 57 Friedman, Lawrence 192 dismissal orders 49 Fuchu Prison, Tokyo 140 dispositions, public law administrative Fujikura, Koichiro 79 119 Fujita, Masahiko 152 Dispute Coordination Committee, Fukuhi, Haruhiro 148 Labour Office 51 dispute resolution gender aspects, lay judge panels 24–5 collective 45, 47, 48–9 ‘general clauses,’laws and regulations ‘dispute resolution pyramid’70, 72 76 with government 70–72 Germany labour relations commissions 45, 47, labour courts 45 48–9 mixed tribunals 21 Labour Tribunal Law, prior to 48–51 Gibney, Frank 138–9, 140 overview 46 Global Financial Crisis 89 Leon Wolff, Luke Nottage and Kent Anderson - 9781784717490 Downloaded from Elgar Online at 09/30/2021 12:55:34AM via free access Columns Design XML Ltd / Job: Nottage-Who_Rules_Japan / Division: Index /Pg.
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