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Timetable of the Conference
August 4th (Tuesday)
10:00 – 10:30 Opening Ceremony
10:30 – 12:15 Keynote Speeches 1 – 3
14:00 – 15:45 Keynote Speeches 4 – 6
16:15 – 18:00 Keynote Speeches 7 – 9
18:30 – 20:30 Welcome Reception
August 5th (Wednesday)
9:00 – 10:45 Morning Sessions (1)
Session 1-11 – Session 1-17
11:00 – 12:45 Morning Sessions (2)
Session 1-21 – Session 1-23
14:15 – 16:00 Afternoon Sessions (1)
Session 1-31 – Session 1-36
16:15 – 18:00 Afternoon Sessions (2)
Session 1-41 – Session 1-46
18:15 – 20:00 Evening Sessions
Session 1-51 – Session 1-56
August 6th (Thursday)
9:00 – 10:45 Morning Sessions (1)
Session 2-11 – Session 2-15
11:00 – 12:45 Morning Sessions (2)
Session 2-21 – Session 2-26
14:15 – 16:00 Afternoon Sessions (1)
Session 2-31 – Session 2-37
16:15 – 18:00 Afternoon Sessions (2)
Session 2-41 – Session 2-46
18:10 – 18:30 CRN 33 Business Meeting
18:30– 18:50 Closing Ceremony
19:00 – 20:30 Farewell Party (ticket is required)
Conference Program (As of July 27, 2015)
August 4th (Tuesday) Venue: Building 3, Room 501 (5th Floor)
10:00 – 10:30 Opening Ceremony
Chair: Yoshitaka Wada, Waseda Law School
Opening Remarks: Valerie Hans, Cornell University; President, Law & Society Association
Setsuo Miyazawa, Aoyama Gakuin University & UC Hastings
College of the Law; Chair, Organizing Committee, 4th East
Asian Law & Society Conference
10:30 – 12:15 Keynote Speeches 1 – 3
Chair: Setsuo Miyazawa, Aoyama Gakuin University & UC Hastings College of the Law
Keynote Speech 1
Carroll Seron, Professor, UC Irvine, Immediate Past President of the LSA
“The Two Faces of Law and Inequality: From Critique to the Promise of Fixable,
Situated Policy”
Keynote Speech 2
Iwao Sato, Professor, The University of Tokyo, President of JASL
“Reconsidering the Article 9 of the Japanese Constitution (Renunciation of War) from
Socio-legal Perspective”
Keynote Speech 3
Tay-Sheng Wang, Professor, National Taiwan University
“Localization of Foreign Laws in Taiwan”
14:00 – 15:45 Keynote Speeches 4 – 6
Chair: Daniel H. Foote, University of Washington & The University of Tokyo
Keynote Speech 4
Johannes Chan, Professor, University of Hong Kong
“Democracy, Human Rights and the Rule of Law”
Keynote Speech 5
Kazuko Ito, Attorney at Law
“Role of Civil Society for Protection of Human Rights in Asia”
Keynote Speech 6
Sung Suh, Professor, Ritsumeikan University
“Exploring Human Rights in East Asia”
16:15 – 18:00 Keynote Speeches 7 – 9
Chair: Shozo Ota, The University of Tokyo
Keynote Speech 7
Hyunah Yang, Professor, Seoul National University
“Legal Feminism in Korea and 'Culture' Question”
Keynote Speech 8
Fujiko Sakakibara, Attorney at Law
“Law Suit on Surnames for Married Couples in Japan”
Keynote Speech 9
Yoshitaka Takagi, Attorney at Law
“Japanese Postwar Compensation Litigations and Korean and Chinese Postwar
Compensation Litigations: Upon International Humanitarian Law”
18:30 – 20:30 Welcome Reception at Okuma Garden House (Building 25)
August 5th (Wednesday) Venue: Building 3, 7th Floor
9:00 – 10:45 Morning Sessions (1)
Session 1 -11
Room 701
(Session) Legal Treatment of Damages Related to the East Japan Great Earthquake
and Tsunami
Organizer: Takayuki Ii, Senshu University
Chair: Matthew Wilson, The University of Akron School of Law
Discussant: Matthew Wilson, The University of Akron School of Law
Presentations:
Yuka Kaneko, Kobe University
“Conflict of Public and Private Law Spheres: Results of Post-Disaster Town
Recovery in East Japan”
Eri Osaka, Toyo University
“3/11 Tsunami Drowning Cases: When Does Misfortune Become Injustice?”
Saori Kawazoe, Waseda University
“The Process of Categorizing Victims and the Created Social Conflict in the
Aftermath of Complex Disaster”
Yoko Matsuda, Kwansei Gakuin University
“Wide-area and Long-term Evacuation from Fukushima Nuclear Accident: The
General Picture of the Issue and a Survey Result in Shikoku”
Session 1-12
Room 702
(Session) Legal Development in the Visual Recording of Suspect Interrogation in the East
Asia: How Can We Ensure Transparency in the Interrogation Room?
Organizer: Makoto Ibusuki, Seijo University
Chair: Makoto Ibusuki, Seijo University
Discussants: Naoko Yamada, Kwansei Gakuin University
Presentations:
Dong-Hee Lee, Korea National Police University
“Electronic Recording of Interrogation in Korea”
Kuibin Zhu, Southwest Jiaotong University
“Electronic Recording of Custodial Interrogation with Chinese Characteristics:
Tool for Transparency or Torture?”
Takao Fuchino, Ritsumeikan University
“New Japanese Law on the Visual Recording of Interrogation of the Custodial
Suspect”
Session 1-13
Room 703
(Session) Incorporated but Excluded: Law and the Marginalized in Colonial Korea
and Taiwan
Organizer: Yen-Chi Liu, Fu-Jen Catholic University
Chair: Tay-Sheng Wang, College of Law, National Taiwan University
Discussant: Hyunah Yang, The School of Law, Seoul National University
Yun-Ru Chen, Waseda Institute of Advanced Study
Presentations:
Yunjeong Joo, Asia Center, Seoul National University
“Right to have a right: in/competence of the blind to work”
Chiu-Hung Liang, Institute of Sociology, Academia Sinica
“In the Name of Violence: Governing the Taiwanese Ruffians under Japanese
Colonization”
Cheng-yu Lin, Graduate School of Law, Kyoto University
“Juvenile delinquency and treatment in Taiwan under Japanese rule”
Yen-Chi Liu, School of Law, Fu-Jen Catholic University
“Child-protection, law and the undocumented orphans in colonial Taiwan”
Session 1-14
Room 704
(Session) ADR Viewed from Users: Findings from a Questionnaire Survey of ADR
Users in Japan
Organizer: Shozo Ota, The University of Tokyo
Chair: Shozo Ota, The University of Tokyo
Discussants: Daniel H. Foote, University of Washington & The University of Tokyo
Presentations:
Shozo Ota, The University of Tokyo
“The Main Objectives and the Research Design of Our ADR Project: Toward an
Evidence-Based ADR Reform”
Shusuke Kakiuchi, The University of Tokyo
“Motives and Expectations of ADR Users in Japan”
Hideaki Irie, Kyushu University
“Analysis on Evaluation of ADR Process by Dispute Type”
Tomohiko Maeda, Meijo University
“Alternative Dispute Resolutions in Japan Old and New: Comparison between
Different ADR Models”
Kyoko Ishida, Waseda Law School
“The Decisive Factors of User Satisfaction in ADR Proceedings”
Session 1- 15
Room 708
(Paper Session) Governance and Democracy in the Changing World
Chair: Yasunobu Sato, The University of Tokyo
Presentations:
Chao-Tien (Cindy) Chang, National Chiao Tung University
“Public Engagement in Biobanking--Why and How to Integrate We the People in
Bioethical Discourses”
Jimmy Chia-Shin Hsu, Academia Sinica
“Bringing the Sunflower Movement into Perspective through Theories of
Democratic Consolidation”
Yasunobu Sato, The University of Tokyo
“Human Security Approach to Human Rights Due Diligence”
Hualing Fu, The University of Hong Kong Faculty of Law(Co- Author:
Jason Bushi)
“Developing the Rule of Law in Authoritarian States: A China and Vietnam
Comparison”
James Fisher, The University of Tokyo (Faculty of Law & Graduate Schools
for Law and Politics)
“Foreign Nationals in Japan: Social Welfare, Discrimination and Constitutional
Rights”
Session 1- 16
Room 709
(Paper Session) Children, Elders and Vulnerable People
Chair: Teiko Tamaki, Faculty of Law, Niigata University
Presentations:
Shinobu Odagiri, Seitoku University
“Child Welfare Law and the Children's Charter in Japan: Their Historical Origins
and Significance”
Teiko Tamaki, Faculty of Law, Niigata University
“Access to Justice for the ‘Most Vulnerable’ Person Facing Family Problems”
Aya Yamaguchi, Japan Society for the Promotion of Science, The University
of Tokyo
“Factors Underlying Japanese Elderly People’s Perceptions of The Legal System:
Approach from Quantitative and Qualitative Survey”
Hiroharu Saito, Attorney / Harvard Law School (LL.M.)
“Bargaining in the Shadow of Children's Voices in Divorce Custody Disputes:
Comparative Analysis of Japan and the U.S.”
Session 1 -17
Room 710
(Paper Session) Victims in Criminal Law and Criminal Procedure
Chair: Erik Herber, Leiden University
Presentations:
Won Kyung Chang, Ewha Womans University, Scranton Honors Program
“Trial and Error: A Restorative Justice Experience in Korea”
Erik Herber, Leiden University
“Victim Participation in Japan - When Therapeutic Jurisprudence Meets
Prosecutors' Justice”
Zhou Xiao, University of Tsukuba
“The Birth of "Women-children": Focused on Clause 360 of Criminal Law of
The People Republic of China”
Carol Lawson, Australian National University College of Law
“Civil Oversight in Japanese and Australian Prisons: Apples and Oranges?”
11:00 – 12:45 Morning Sessions (2)
Session 1- 21 (Session) Namie Town: Effective Legal Treatment for Its Recovery from the
Room 701 Fukushima Nuclear Power Plant Accident
Organizer: Takao Suami, Waseda University
Chair: Takayuki Ii, Senshu University
Presentations:
Takao Suami, Waseda University
“The Cooperation of Namie Town and Waseda University Law School toward
Disaster Recovery”
Tamotsu Baba, Namie Town
“Present State of Namie Town and Its Future Prospects”
Hiroshi Miyauchi, Tokyo Public Law Office
“The Activities of the Attorney Team for Namie-machi ADR”
Session 1 – 22
Room 702
(Session) Status and Legal Power in Southeast Asia
Organizer: Lynette Chua, National University of Singapore, Faculty of Law
Chair: Edith Kinney, San Jose State University
Discussant: Edith Kinney, San Jose State University
Presentations:
Gary Chan, Singapore Management University
“‘Divining’ Defamatory Meaning and Religious Imputations in Malaysia and
Singapore”
Andrew Harding, National University of Singapore
“‘Nazrinian’ Monarchy in Malaysia: Recidivism, Resilience and Revival”
Helena Whalen-Bridge, National University of Singapore
“The Rhetoric of Corruption & the Ethics Curriculum: Why Aren’t Law Schools
Teaching about Corruption?”
Session 1- 23
Room 704
(Session) Privatization and Public-Private Partnerships with Prisons and
Corrections: Benefits, Concerns and Models
Organizer: Paul Leighton, Eastern Michigan University
Chair: Paul Leighton, Eastern Michigan University
Discussant: David Ted Johnson, University of Hawaii at Manoa
Presentations:
Mari Hirayama, Hakuoh University
“Transparency of Prisons in Japan?: Roles and Significance of Prison Visitation
Committee”
Atsuko Otsuka, Freelance Journalist
“The Benefits of Involving Private Organizations in PFI Prisons”
Paul Leighton, Eastern Michigan University
“Models of Privatization and Public-Private Partnerships with Prisons: An
Incomplete Survey”
Malcolm Feeley, Berkeley Law School
“Entrepreneurs of Justice: How the Private Sector Made and is Remaking the
Modern Criminal Justice System”
12:50 – 14:05 CRN33 Planning Committee Meeting (committee members only)
Venue: Room 708 (7th Floor)
14:15 – 16:00 Afternoon Sessions (1)
Session 1 - 31
Room 701
(Session) What Recognition Can Change Japanese People’s Opinion about Penal
Punishment?: Analysis of Opinion Survey in 2014 in Japan
Organizer: Mikio Kawai, Toin University of Yokohama
Chair: Mari Hirayama, Hakuoh University
Discussant: Charles Weisselberg, UC Berkeley Law School
Presentations:
Mikio Kawai, Toin University of Yokohama
“Death penalty and false accusation in Japan”
Hideo Kubo, Kyoto Sangyo University
“People's opinion about punishment and morality: An empirical test of Talcott
Parsons”
Masato Kimura, Takachiho University
“Misinformed Citizens: Retributive Justice and Public Support for Death Penalty”
Manako Kinoshita, Doshisha University
“People's attitude toward punishment in Japan”
Session 1 - 32
Room 702
(Session) Classic Asian Theories of Sociology of Law: Their Value in the Age of
Globalization (sponsored by The Japanese Association of Sociology of Law)
Organizer: Kota Fukui, Osaka University
Chair: Kota Fukui, Osaka University
Discussant: Carroll Seron, UC Irvine
Tomohiko Maeda, Meijo University
Presentations:
Kota Fukui, Osaka University
“On the potential of the classic Japanese theories of sociology of law”
Wei Guo, Hokkaido University
“Bringing law to the Masses: Readership quality and the usage of Kawashima's
theory in China and Japan”
Takayuki Ii, Senshu University
“Ehrlich’s Living Law Theory and Its Influence on the Japanese Sociology of
Law: Suehiro, Kawashima, Kaino and Beyond”
Chun-Soo Yang, Yeungnam Univeirsity
“The Value, Function and Limits of Legal Sociology in South Korea”
Session 1 - 33
Room 703
(Session) Rethinking of Law Reform Assistance in East Asia: Case Studies Regarding Land
Grabbing and Disputes in Cambodia, Mongolia and Indonesia
Organizer: Yasunobu Sato, The University of Tokyo
Chair: Yasunobu Sato, The University of Tokyo
Discussants: Miha Isoi, JICA
Yoshiki Kurumisawa, Waseda University
Toyo Kawakami, Rainforest Action Network
Presentations:
Kuong Teilee, Nagoya University
“Challenges to Property Law Reform in Cambodia When Property and Rights
Do Not Meet on the Same Land”
Masaki Nakamura, Nagoya Keizai University
“Land privatization in post-socialist countries: Case of Mongolia”
Rudy SH (UI), University of Lampung
“Reconstruction of Indonesia Legislation Development: Laws on Land”
Session 1 - 34
Room 704
(Paper Session) Transformation of Legal Systems in East Asia
Chair: Gang Luo, University of Paris 1 Panthéon-Sorbonne
Presentations:
Hoko Horii, Nagoya University
“Mapping Human Rights Norms in Pluralistic Legal System in Indonesia: Issue
of Child Marriage in West Java”
Gang Luo, University of Paris 1 Panthéon-Sorbonne
“The Convergence of Private Law in East Asia: What Can We Learn from
European Example of Ius Commune?”
Noriko Okubo, Osaka University
“Environmental Democracy and Developments in East Asia”
Miyuki Sato, Kyorin University
“The Competence of Interpretation of Basic Law of the Macao Special
Administrative Region of the People’s Republic of China”
Tzung-Mou Wu, Institutum Iurisprudentiae, Academia Sinica
“Fight Fire with Fire: Writing Down Legal Customs of Taiwan's Indigenous
Peoples with the History of Medieval Western Law”
Session 1 - 35
Room 709
(Paper Session) Legal Terminology and Concepts in Transition
Chair: Mami Okawara, Takasaki City University of Economics
Presentations:
Frank Bennett, Nagoya University
“Legal Referencing and Asian Legal Discourse”
Mami Okawara, Takasaki City University of Economics
“Two Approaches to Simplify Japanese Civil Law Terminology”
Jonathan Kang, Yonsei Law School
“Rule of Law in Theory and Discourse in Korea”
Ray-Yun Hong, NTU Law Department
“Educational Law as Instrument or Framework: Who Interpret the Concept of
“Rule of Law”?”
Yun-Chien Chang, Institutum Iurisprudentiae, Academia Sinica
“The Evolution of Property Law in Taiwan: An Unconventional Interest Group
Story”
Session 1 -36
Room 710
(Paper Session) Structure of Company and Employment
Chair: Matthew Wilson, The University of Akron School of Law
Presentations:
Bo-Shone Fu, University of Wisconsin Madison Law School
“The International Legal Transplant of Labor and Employment Law from U.S.
and Japan into Taiwan: the Law, the Society and the Agency”
Caslav Pejovic, Kyushu University
“Japanese Labor Law: Between Social Stability and Economic Efficiency”
Urszula Muszalska, University of Wrocław
“Women's employment rights in Japan and Poland: a comparative approach”
Takashi Shimizu, The University of Tokyo
“Corporation or GmbH? The choice and use of legal business forms in Japan”
Yukari Takamura, Nagoya University
“Function and Methodologies of Human Rights Indicators: Towards Elaboration
of Indicators on Participation on the Environmental Matters”
16:15 – 18:00 Afternoon Sessions (2)
Session 1 - 41
Room 701
(Session) Impact of Civil Law-Centered Legal Assistance from Japan to Asian
Market Reform Countries: Changing Roles of Judicial Intervention to
Contractual Laissez-Faire
Organizer: Yuka Kaneko, Kobe University
Chair: Yuka Kaneko, Kobe University
Discussants: Miha Isoi, JICA/ Rudy SH (UI), University of Lampung
Presentations:
Hiroshi Matsuo, Keio University
“Process and Substance of the Japanese Participation in Civil Code Assistance to
Some Asian Countries”
Shiro Kawashima, Doshisha University
“Impact of Japanese Involvement in the Civil Procedure Code Drafting in Asia”
Yuka Kaneko, Kobe University
“Civil Law as the Source of Judicial Intervention into Freedom of Contract:
Challenges of Japanese Civil Law Assistance in Vietnam, Cambodia, Laos, and
Myanmar”
Sozaburo Mitamayama, Kobe University
“Japanese ODA to Indonesian Conciliation System”
Session 1 - 42
Room 702
(Session) Democracy and the Lay Judge System in Japan: A Critical Evaluation
Organizer: Setsuo Miyazawa, Aoyama Gakuin University & UC Hastings College of
the Law
Chair: Setsuo Miyazawa, Aoyama Gakuin University & UC Hastings College of the Law
Discussant: Malcolm M. Feeley, UC Berkeley,
Presentations:
Valerie Hans, Cornell University
“The Impact of Jury Service on Citizens' Political Participation: Data from the
United States”
Noboru Yanase, Nihon University
“The Concept of Democracy in the Legislative Process of the Lay Judge System”
Emi Kodaira
“My Experience as a Saiban-in”
Masahiro Fujita, Kansai University
“Implementing Democracy Through the Japanese Lay Participation System”
Session 1 - 43
Room 703
(Session) Remedies for Sexual Harassment in the Workplace and the Role of Law in
Korea, Japan and Taiwan
Organizer: Miyoung Gu, Korean Women's Development Institute
Chair: Hiroko Hayashi, Miyazaki Municipal University
Discussants: Bo-Shone Fu, University of Wisconsin Madison Law School
Yumi Itakura, Attorney at Law
Masako Banno, Attorney at Law
Presentations:
Shino Naito, Japan Institute for Labour Policy and
Training (JILPT)
“Have Damages from Sexual Harassment Been Remedied by Law in Japan?”
Miyoung Gu, Korean Women's Development Institute
“After 20 years of Sexual Harassment Law in Korea”
Chih-Chieh, Carol Lin, National Chiao Tung University School of Law
“Glass Ceiling and Sexual Harassment Law in Workplace- A Comparative Perspective”
Session 1 - 44
Room 704
(Paper Session) Trial Procedures in Context
Chair: Ikuo Sugawara, Waseda Law School
Presentations:
Janet Ainsworth, Seattle University
“Considering Procedural Justice in the Transition from Inquisitorial to
Adversarial Justice Models”
Ikuo Sugawara, Waseda Law School
“Verification on results of civil justice reform through field survey for litigants
and citizen”
Yun-Chien Chang, Institutum Iurisprudentiae, Academia Sinica
(Co-author: Kong-Pin Chen & Chang-Ching Lin)
“The Role of Lawyer Experience in Tort Litigation: An Empirical Study”
Jimmy Chia-Shin Hsu, Academia Sinica(Co-Authors: Han-Wei Ho &
Yun-Chien Chang)
“Non-pecuniary Damages for Defamation, Personal Injury, and Wrongful Death:
An Empirical Analysis of Court Cases in Taiwan”
Hironao Kaneko, Tokyo Institute of Technology
“Self help and self execution in cyberspace”
Session 1 - 45
Room 709
(Paper Session) Punishment: Effects and Limitations
Chair: Shinya Komatsu, Recruit Administration Co.,Ltd.
Presentations:
Ananta Rilo Pambudi Hutomo, Far Eastern Federal University
“Death Penalty Policy of Contemporary Asia”
Shinya Komatsu, Recruit Administration Co., Ltd.(Co-Authors: Shozo Ota,
Natsuko Maruo & Tosiki Shimizu)
“Legal consciousness of the Japanese in the SNS”
Jing Lin, Max Planck Institute for Foreign and International Criminal Law
“Corporate Crime Control in East Asia: A Comparative Observation on the Role
of Criminal Law in PR China and Japan”
Soichiro Omiya, Center for Forensic Mental Health, Chiba University
(Co-Authors: Aika Tomoto, Yoshito Igarashi & Masaomi Iyo)
“What do drug offenders require to re-integrate into society?”
Session 1 - 46
Room 710
(Paper Session) Changing Landscape of Lawyers in Korea and Japan
Chair: Akira Fujimoto, Graduate School of Law, Nagoya University
Presentations:
Chunwoong Park, University of Illinois at Urbana-Champaign
“Lawyers as Cultural Holes: The Rise of Lawyers and the Fall of the State in
Korea Circa 1895-1909”
Akira Fujimoto, Graduate School of Law, Nagoya University
“New Attorneys Career Trajectory and Their Self Perception - The 62nd
Cohort of Attorneys in Japan”
Atsushi Bushimata, Fukuoka University, Faculty of Law
“The Characteristics and Structure of the Lawyers' Work in Japan: A Data
Analysis of the 2010 Bar Survey”
Keiichi Ageishi, Otemon Gakuin University
“Income, Job Satisfaction, and Concern for the Future of New Lawyers in Japan”
18:15 – 20:00 Evening Sessions
Session 1- 51
Room 701
(Session) The Potentiality of Law as Translation in East Asia
Organizer: Ko Hasegawa, Hokkaido University
Chair: Ko Hasegawa, Hokkaido University
Presentations:
Ko Hasegawa, Hokkaido University
“The Dynamics of Translation in Hybrid Law”
Yoo Hwan Kim, Ewha Womans University
“Translating Legal Discourse in the Far East”
Ichiro Ozaki, Hokkaido University
“Translation and Confrontation: Law, Language, and Culture in Court”
Annelise Riles, Cornell University
“Translating Dialogue”
Naruhito Cho, Hokkaido University
“Translation's Role in the Comparative Process”
Session 1- 52
Room 702
(Session) Assessing Citizen Participation in Criminal Trials in East Asian Countries
Organizer: Masahiko Saeki, Chiba University
Chair: Masahiko Saeki, Chiba University
Discussants: Shinomiya Satoru, Kokugakuin University
Daniel H. Foote, University of Washington & The University of Tokyo
Presentations:
Masahiko Saeki, Chiba University
“The Impact of Prior Sentencing Trends on Sentencing Deliberations by Lay Judges”
Kosuke Wakabayashi, Ritsumeikan University
“What is the Best Deliberation Structure for Citizen Participation in Criminal
Justice? Approach from the View of Social Psychology”
Jong-Sik Choi, Kobe Gakuin University
“Korean Citizen Participation in Criminal Trials: The Jury’s Independence from
the Influence of the Judge”
Zhe Zhang, University of Tokyo
“Observing Lay Assessors’ Participation in China: Xicheng District Court as an
Example”
Session 1- 53 (Session) How Are We to Educate Lawyers to Meet the Changing Needs of Legal Services and
Room 703 Fill the ‘Justice Gap’?: Cases of China, South Korea, and Japan
Organizer: Shigeo Miyagawa, Waseda University
Chair: Shigeo Miyagawa, Waseda University
Discussants: Yoshiaki Haraguchi, Kanto Gakuin University,
Presentations:
Yoichiro Hamabe, Aoyama Gakuin University
“How Are We to Educate Lawyers to Meet the Changing Needs of Legal Services
in Japan?”
Jaewan Moon, Hankuk University of Foreign Studies
“How to Fine Tune Goals of Law School Education: Following Oversupply of
Lawyers”
Chenguang Wang, Tsinghua University
“Training Global Lawyers in the Trend of Globalization”
Session 1- 54
Room 704
(Paper Session) Socio-Legal Theories in Legal Practice
Chair: Kota Fukui, Osaka University
Presentations:
Peng-Hsiang Wang, Institutum Iurisprudentiae, Academia Sinica (Co-Author:
Yun-Chien Chang)
“Why Should Jurists Care about Empirical Legal Studies? The Empirical
Foundation of Normative Arguments”
Naoya Endo, Fairness Law Firm
“UPL rules in USA vs. related professionals in Japan―Formal Legality &
Substantive Legality”
Zhizhou Wang, University of Wisconsin-Madison
“The Dialectical Process: the Chinese Lawyers’ Structured Struggle in Corporate
Bankruptcy Law Practice”
Joseph Conti, University of Wisconsin-Madison
“Global Restructuring: The Transnational State-ness of Four Courts of Global
Jurisdiction”
Wai Sang, Richard Wu, University of Hong Kong(Co-Author: Grace Leung)
“A Comparative and Empirical Study of Law Students’ Perceptions of Their
Values in Hong Kong, Beijing and Taipei: Source of Their Values and Implications
for Legal Education in Greater China Region”
Session 1- 55
Room 709
(Paper Session) Regulation on Corporate Activities
Chair: Midori Tani, Ministry of Economy, Trade and Industry
Presentations:
Vai lo Lo, Bond University,(Co-Authors: Jinheng Feng & Xiaomin Fang)
“A Comparative Study of the Australian Immunity Program and the Chinese
Leniency Program”
Mizue Kama, Tohoku University
“Industry help enforcement? The case of European RoHS directive”
Jenweeranon Pawee, Nagoya University
“Regulatory Framework for Virtual Currency, focusing on Bitcoin, in Asian
Countries”
Midori Tani, Ministry of Economy, Trade and Industry
“Consumer Product Safety Measures Bridging Chasms between Businesses and
Consumers”
Weidong Ji, Koguan Law School of Shanghai Jiao Tong University
“The Enforcement of Competition Law and the Establishment of a National
Competition Committee in China”
Session 1- 56
Room 710
(Paper Session) Policing and Prosecution in East Asia
Chair: Rieko Kage, Department of Advanced Social and International Studies, The
University of Tokyo
Presentations:
Kevin Kwok Yin Cheng, Faculty of Law, The Chinese University of Hong Kong
“The causes of "cracked trials" in Hong Kong”
Benjamin Goold, Faculty of Law, University of British Columbia
“The changing face of public area surveillance in Japan”
Neil Chisholm, Academia Sinica, Institutum Iurisprudentiae
“The Faces of Prosecutorial Independence: European and American-style
Prosecutorial Personnel Policy, Decisionmaking, and Reform Discourse in Japan,
Korea, and Taiwan”
Li Li, Sun Yat-Sen University School of Law
“Chinese Criminal Procedure Law in Action: Unbalanced Power Relations
between Public and Private Participants”
August 6th (Thursday) Venue: Building 3, 7th Floor
9:00 – 10:45 Morning Sessions (1)
Session 2 - 11
Room 701
(Session) Emerging Issues in Criminal Procedure: Lay Participation, Police
Interrogation, and Victim Inputs from a Comparative Perspective
Organizer: Mari Hirayama, Hakuoh University
Chair: Mari Hirayama, Hakuoh University
Discussant: David T. Johnson, University of Hawaii at Manoa
Presentations:
Mari Hirayama, Hakuoh University,
“Lay Participation and Victims’ Inputs- How These Two Key Factors Have
Changed the Criminal Justice System in Japan after the Late 1990's”
Dimitri Vanoverbeke, Katholieke Universiteit Leuven (KU Leuven)
“Facing the Jury: A Comparative Perspective on Recent Issues with Defendants'
Rights in Japan, Belgium and France”
Charles D. Weisselberg, UC Berkeley Law School
“Miranda at 50: A Disquieting Look at an International Icon”
Session 2 -12
Room 702
(Session) Creation of Regional Tribunal on Disability Rights
Organizer: Yoshikazu Ikehara, The Committee of Establishment of Disability Rights
Tribunal in Asia & Pacific
Chair: Koshi Yamazaki, Kanagawa University
Discussant: Kamal Lamichhane, University of Tsukuba
Presentations:
Yoshikazu Ikehara, Tokyo Advocacy Law Office
“Comparative Study on Regional Disability Rights Tribunal as
Multi-dimensional Human Rights Mechanism”
Takanori Sai, Disabled Persons International
“Effect and Limit of National Human Rights Commission of the Republic of
Korea and Necessity of Regional Human Rights Dialogue”
Ryousuke Matsui, Hosei University
“The New Decade for Persons with Disabilities in Asia and the Pacific and
Movement of Disability Rights Tribunal in Asia and the Pacific”
Satoshi Kawashima, Okayama University of Science
“International Disability Law in Asia and the Pacific”
Session 2 – 13
Room 703
(Paper Session) Environmental Law
Chair: Hitoshi Ushijima, Chuo University
Presentations:
Patricia Blazey, Macquarie University Sydney
“The feasibility of establishing standalone environmental courts in China -
challenges and prospects”
Laura Henry, Sungkyunkwan University School of Law
“What Are Environmental and Social Safeguards and Why Are They Necessary
for the Asian Infrastructure Investment Bank?”
Yayoi Isono, Tokyo Keizai University
“Safety Management of Radioactive Materials released to the Air from Fi and the
Rights of Residents”
Eri Osaka, Toyo University Faculty of Law
“Japan’s Acceptation of the CSC and the (Dark) Future of Nuclear Damage
Compensation Law”
Hitoshi Ushijima, Chuo University
“Recent Developments of Drinking Water Source Conservation in Japan”
Session 2 – 14
Room 704
(Paper Session) Changing Legal Education and Institutions
Chair: Rikiya Kuboyama, Tashkent University of Law
Presentations:
Rikiya Kuboyama, Tashkent University of Law
“Gaming-law-related-education”
Isabelle Juliette Giraudou, Nagoya University Graduate School of Law
“Building on the socio-legal critique of legal education reforms in Japan : Comparative
Law in question (from teaching experiments to paradigm shifts)”
Session 2 – 15
Room 709
(Paper Session) Judicial Independence in East Asia
Chair: Takeshi Akiba, Akita International University
Presentations:
Aye Cho Zayar, Nagoya University, Graduate School of Law
“Comparative Study of Judicial Independence in Japan, Korea and Myanmar”
Yuichiro Tsuji, University of Tsukuba
“Independence of the Judiciary and Judges in Japan”
Kuk Woon Lee, Handong University
“Home Town Judgeship in Korea - A Short History”
Ying Yan, Shanxi University
“Judicial Independence and Individual Legal Case Supervision in China”
11:00 – 12:45 Morning Sessions (2)
Session 2 – 21
Room 701
(Session) Lay Participation in Justice in Action?: China and Japan
Organizer: Takayuki Ii, Senshu University
Chair: Matthew Wilson, The University of Akron School of Law
Discussant: Matthew Wilson, The University of Akron School of Law
Presentations:
Xin He, City University of Hong Kong
“Double Whammy: Lay Assessors as Lackeys in Chinese Courts”
Dimitri Vanoverbeke, Katholieke Universiteit Leuven
“Facing the Judge: On Citizen Participation and Justification in Japan’s Criminal
Courts”
Kunio Hamada, Hibiya Park Law Offices
“The Experience and Mental Burden of Saiban-in”
Kana Sasakura, Konan University
“The Current Situation and Future Prospects of the Lay Judge System: From a
Procedural Perspective”
Satoko Tomita, Sakuragaoka Law Office
“The Changes in Pretrial and Trial Defense Practices after the Introduction of
Saiban-in Trial”
Session 2 – 22
Room 702
(Session) Japanese Drug Policy: Deeply-intertwined Promise and Peril
Organizer: Yasuhiro Maruyama, Rissho University
Chair: Yasuhiro Maruyama, Rissho University
Discussants: Ju-Yuan Hsieh, National Chengchi University
Takeshi Kato, DARC (Drug Addiction Rehabilitation Center)
Presentations:
Yasuhiro Maruyama, Rissho University
“Partial Suspension of Sentence in Japan: Searching for what lies behind welfare
models”
Shinichi Ishizuka, Ryukoku University
“Beyond Japanese Drug Courts: From Punishment to Harm Reduction”
Makoto Oda, APARI (Asian Pacific Addiction Research Institute)
“APARI’s support for drug addicts in the criminal justice system: Toward the
Infinity Collaboration System”
Takehito Ichikawa, DARC (Drug Addiction Rehabilitation Center)
“Recovery from Drug Dependence and Problems in the New Probation Law in
Japan”
Yohei Takahashi, Tokyo Bar Association
“Some Signs of Change in ‘Punishmentalism’ of Japanese Drug Policy: A
Practicing Lawyer’s View”
Session 2 - 23
Room 703
(Session) The Unbearable Complexity of Being a National: The Law and Politics of
Citizenship, Nationality and Identity in East Asia
Organizer: Chulwoo Lee, Yonsei University Law School
Chair: Tae-Ung Baik, William S. Richardson School of Law, University of Hawaii at
Manoa
Discussant: Tae-Ung Baik, William S. Richardson School of Law, University of
Hawaii at Manoa
Presentations:
Eugene K.B. Tan, Singapore Management University
“Rights, Belonging, and Democratic Participation: Constitutional and Legal
Right-sizing in Nation-Building in Global City Singapore”
Chulwoo Lee, Yonsei University Law School
“The Unbearable Intricacy of Being Korean: The Law and Politics of
Membership in a Divided State and Transborder Nation”
David Green, Nagoya University, Graduate School of Law
“Migrant Perception: multilevel analysis of factors affecting opinions toward
migration in Japan”
Takeshi Akiba, Akita International University
“Between "blood" and "culture": Japanese Filipino Children and national
citizenship”
Session 2 - 24
Room 704
(Paper Session) Law and Culture in Asia
Chair: Naoko Kuwahara, Fukuyama City University
Presentations:
Stefan Gruber, Kyoto University
“Public participation and community empowerment in heritage protection in East
Asia”
Shih-an Wang, National Taiwan University
“From Assimilation to Multiculturalism? The Ethnic Relations under Heritage
Preservation System in Taiwan”
Gigimon Vidyadharan Sujatha, National Law School of India University
(Co-Author: Amrithnath S B)
“Institutionalized Indigenous Courts in Villages (Gram Nyayalayas):
Conceptualizing Access to Justice to the Poor?”
Naoko Kuwahara, Fukuyama City University
“Legal Institutional Changes in Asian Transition Countries”
Session 2- 25
Room 709
(Paper Session) Law and Medicine
Chair: Robert Leflar, University of Arkansas School of Law
Presentations:
Robert Leflar, University of Arkansas School of Law
“Japan's New System of Medical Peer Review”
Chih-Ming Liang, Graduate Institute of Health and Biotechnology Law,
Taipei Medical University
“An Exploratory Attempt to Theorize the Concept of Legal Boundary: The Trend
in Medical Malpractice Regulation in Taiwan as an Example”
Yoshitaka Wada, Waseda Law School
“New Approach to Medical Malpractice Death Case Investigation in Japan:
Transparency or Confidentiality?”
Session 2 - 26
Room 710
(Paper Session) Gender Issues in East Asia
Chair: Kyoko Ishida, Waseda Law School
Presentations:
Hiroko Goto, Chiba University Law School
“Feminist Legal Theory and Sexual Crime in Japan”
Kyoko Ishida, Waseda Law School
“The Glass Ceiling for Japanese Female Lawyers”
Saurabh Kumar Mishra, The Department of History and Culture of Asian
People in Shashi Bhushan Girls Degree College, Lucknow
“Women Legal Professionals In Lucknow: A Study of Gender Discourse In
Courts Of India”
Abhishek Kumar Srivastav, University of Lucknow(Co-Author: Manoj
Dixit)
“Gender Budgeting in Urban Administration in India”
Jin-Sook Yun, Soongsil University, College of Law
“Adoption and the Best Interests of the Child”
14:15 – 16:00 Afternoon Sessions (1)
Session 2 - 31
Room 701
(Session) Fairness and Due Process of the Death Penalty in East Asia [Part 1] (This
session is officially supported by The Japanese Association of Sociological Criminology)
Organizer: Shinichi Ishizuka, Ryukoku University
Chair: Shinichi Ishizuka, Ryukoku University
Presentations:
Kana Sasakura, Kounan University
“Introduction”
Shinichi Ishizuka, Ryukoku University
“An overview of Japan’s death penalty system”
Kana Sasakura, Kounan University
“Law enforcement, identifications and interrogations, Collection, preservation,
and testing of DNA and other types of evidence; Crime laboratories and medical
examiner offices”
Akiko Kogawara, Ryukoku University
“Defense services”
Session 2 - 32
Room 702
(Session) Japan's Justice System Reform on Trial
Organizer: Setsuo Miyazawa, Aoyama Gakuin University & UC Hastings College of
the Law
Chair: Setsuo Miyazawa, Aoyama Gakuin University & UC Hastings College of the Law
Discussant: Malcolm M. Feeley, UC Berkeley
Presentations:
Takayuki Ii, Senshu University
“Japan's Judge System Reform on Trial”
Naoki Idei, Kojima Law Offices
“Japan's Civil Justice Reform on Trial”
David Ted Johnson, University of Hawaii at Manoa
“Japan's Criminal Justice Reform on Trial”
Session 2 - 33
Room 703
(Session) Law, State, and Personhood in Southeast Asia
Organizer: Lynette Chua, National University of Singapore, Faculty of Law
Chair: Andrew Harding, National University of Singapore
Presentations:
Ayako Hatano, The University of Tokyo
“Children’s Rights and Cambodian Law”
Edith Kinney, San Jose State University
“Building Bridges, Bolstering Borders? Anti-trafficking Laws in Thailand and
the Greater Mekong Subregion as Vehicles of Social Change and Tools of Social
Control”
Lynette J. Chua, National University of Singapore
“Micro-mobilization of Rights, Social Norms, and Social Relations in
Myanmar’s Lesbian Rights Activism”
Session 2 - 34
Room 704
(Session) Correlation between Criminal Justice and Social Support Services for Offenders
with Special Needs: The One-stop Service Model’s Possibilities and Issues
Organizer: Masahiko Mizuto, Yamaguchi Prefectural University
Chair: Masahiko Mizuto, Yamaguchi Prefectural University
Discussants: Chie Morihisa, Ritsumeikan University
Stan Pappos, Australian Community Support Organisation
Presentations:
Masahiko Mizuto, Yamaguchi Prefectural University
“Introduction: How do we respond to offenders with special needs?”
Chie Morihisa, Ritsumeikan University
“Current trends and issues of Japanese one stop services for offenders’ recovery”
Stan Pappos, Australian Community Support Organisation
“Holistic & multi-service interventions: Reflections on the provision of therapeutic
services to the forensic disability population within an Australian context”
Session 2 - 35
Room 708
(Paper Session) Popular and Regional Justice
Chair: Leon Wolff, Queensland University of Technology
Presentations:
Darryl Flaherty, University of Delaware
“Making Popular Justice in Early 20th Century Japan”
Leon Wolff, Queensland University of Technology
“Popular Culture in Japan: A New Approach to Comparative Sociolegal Research”
Ayumu Arakawa, Musashino Art University
“Why do people consult question and answer sites about their legal problems?”
Session 2 - 36
Room 709
(Paper Session) Corporate Governance
Chair: Midori Tani, Ministry of Economy, Trade and Industry
Presentations:
Bruce Aronson, Hitotsubashi University
“Soft Law Comes to Japan: What is the Likely Impact on Corporate Governance
Practices?”
Sean McGinty, Nagoya University Graduate School of Law
“What Japanese Shareholders Say about Pay”
Chun-Yuan Chen, National Chiao Tung University
“Return to Basics: An Empirical Legal Study on Directors’ and Officers’ (DO)
Liability Insurance and Litigation Risk in Taiwan”
Chih-Chieh, Carol Lin, School of Law, National Chiao
Tung University
“An Unsettled Matter: Employee Mobility and the Trend to Criminalize Trade
Secret Violation”
Session 2 - 37
Room 710
(Paper Session) Crime on Human Rights and Human Rights in
Criminal Process
Chair: Michael Fox, Hyogo University
Presentations:
Tae-Ung Baik, William S. Richardson School of Law, University of Hawaii
at Manoa
“Trafficking in Persons and South Korea's Legal Responses”
Michael Fox, Hyogo University
“Combatting Police Brutality: A Solution from Japan?”
Wui Ling Cheah, National University of Singapore
“Japanese defence counsel in the Singapore War Crimes Trials (1946 – 1948): A
Historical and socio-legal study of participation challenges”
16:15 – 18:00 Afternoon Sessions (2)
Session 2 - 41
Room 701
(Session) Fairness and Due Process of the Death Penalty in East Asia [Part 2]
(This session is officially supported by The Japanese Association of Sociological Criminology)
Organizer: Shinichi Ishizuka, Ryukoku University
Chair: Shinichi Ishizuka, Ryukoku University
Discussant: Yunhai Wang, Hitotsubashi University
Jimmy Chia-Shin Hsu, University of Chicago
Presentations:
Tomohiro Kurohara, Miyazaki Bar Association
“Prosecutions”
Yukihiro Masaki, Osaka Bar Association
“Direct appeal process and proportionality review; State habeas corpus
proceedings; Clemency”
Kazuyuki Hori, Kyoto Bar Association
“Capital jury instructions; Judicial independence and vigilance”
Yoshiyuki Imamura, Nagano Bar Association
“Racial and ethnic minorities”
Yuki Takahashi, Fukushima University
“Mental retardation & mental illness”
Session 2 - 42
Room 702
(Session) Looking at the Offstage of Criminal Justice Reform in Japan: Special
Interview with Film Director/Former Reform Committee Member, Mr. Suo
Masayuki
Organizer: Makoto Ibusuki, Seijo University
Chair: Makoto Ibusuki, Seijo University
Interviewer; Makoto Ibusuki, Seijo University
Interviewee: Masayuki Suo
Discussant: Dimitri Vanoverbeke, K.U. Leuven
Session 2 - 43
Room 703
(Session) Law and Sustainability in China and Japan
Organizer: Yoshiki Kurumisawa, Waseda University
Chair: Yoshiki Kurumisawa, Waseda University
Presentations:
Yoshiki Kurumisawa, Waseda University
“Theory of Property Rights in the Perspective of Transformation to Sustainable
Society”
Weidong He, Shanghai Academy of Social Sciences
“Chinese Environmental Legislation and Its Trend Towards the Dream of
Beautiful China”
Kay-Wah Chan, Macquarie University ( Co-author: Pundarik
Mukhopadhaya)
“Labour Law Reform to Maintain the Social and Economic Sustainability in
China: An Analysis from the Perspective of Income Distribution”
Hiromi Amemiya, Toyama University
“Current Issues of Itai-itai Disease for Sustainable Society from the Perspective
of Commons”
Mitsuhiko Takahashi, Toyama University
“Managing Wildlife Communally in the 21st Century: Correlation between Land
Ownership, Conservation and Common Rights”
Session 2 - 44
Room 704
(Paper Session) Constitutional Law
Chair: Craig Martin, Washburn University School of Law
Presentations:
Craig Martin, Washburn University School of Law
“The ‘Reinterpretation’ of Article 9 of the Constitution and the Rule of Law in Japan”
Frank S. Ravitch, Michigan State University College of Law
“Constitutional Revision in Japan: The Risks for Freedom of Religion and
Freedom of Speech”
Yuichiro Tsuji, University of Tsukuba
“Amendment of the Japanese Constitution– A Comparative Law Approach”
Greg Bede Walsh, Curtin University
“The Regulation of Religious Schools under Anti-Discrimination Legislation”
Session 2 – 45
Room 709
(Paper Session) Global Economic Activities from East Asia
Chair: Ichiro Ozaki, Hokkaido University
Presentations:
Agnes Harvelian, Far Eastern Federal University
“Global Economic Constellation Indonesia for Asia 2015-2020”
Yingying Hu, University of Wisconsin Law School
“Transforming Shanghai into an International Financial Center: Mechanism and
Benefits”
Younsik Kim, Sungshin Women's University
“Assessing the Korea-China Free Trade Agreement: Beginning of Another
Chasm between Korea and China?”
Hungyi Chen, Graduate School of Law, Nagoya University
“Crowdfunding and its recent development in Asia”
Session 2 – 46
Room 710
(Paper Session) Lay Participation in Criminal Process
Chair: Masahiro Fujita, Kansai University
Presentations:
Anna Dobrovolskaia, The University of Tokyo
“The Attempts to Introduce the Jury System in Japan's Colonial Possessions”
Masahiro Fujita, Kansai University
“Five-year lookback on Saiban-in system (mixed jury system in Japan)”
Rieko Kage, Department of Advanced Social and International Studies, The
University of Tokyo
“Partisan Politics and the Introduction of Lay Judge Systems in East Asia”
Takanori Kitamura, School of law, Tokai University
“How professional judges demonstrate the ‘facts’ during mixed jury deliberation:
a multi-modal analysis of the embodied actions of professional judges in the
Saiban-in criminal court”
18:10 – 18:30 CRN 33 Business Meeting
Building 3, Room 701 (7th Floor)
Chair: Setsuo Miyazawa, Aoyama Gakuin University & UC Hastings College of the Law
Agenda: Adoption of the Constitution of the Asian Law & Society Association
18:30 – 18:50 Closing Ceremony
Building 3, Room 701 (7th Floor)
Chair: Yoshitaka Wada, Waseda Law School
Closing Remarks: Setsuo Miyazawa, Aoyama Gakuin University & UC Hastings College of the Law
Agenda: Announcement of the 1st Annual Meeting of the Asian Law & Society Association
19:00 – 20:30 Farewell Party (ticket required)
Faculty Lounge “Nantei” (Building 20, 1st Floor)