Facts, Threats and Reds: Common Law Constitutionalism and the Rule of Law

New Governance , Law and Constitutionalism

Common Law Constitutionalism and Its Counterpart in Japan

* Associate Professor of Law, Sojo University; LL.M., University of California, Los Angeles; J.D., University of Tokyo; B.A., Waseda University. This paper is based on my LL.M. thesis, and I thank Clyde S. Spillenger for his supervision and advice. Without him, this Article would not exist. I also would like to thank Daniel Rosen and Lieba Faier for their thoughtful comments, and I thank Kazuno...

Progressive Constitutionalism and Alternative Movements in Law

On Law, Politics and Contemporary Constitutionalism

Is the political process, with all its difficulties, merely reflective of contemporary constitutionalism? Are the problems an aspect of ongoing inter-communal dialogue? To what extent are existing difficulties exacerbated by a general failure to grasp the difference between the logic of law and political theory and practice? These questions are addressed here in three basic stages: first, the r...

The rule of Mitigation of Damages in Medical Law and the Influence of Religious Beliefs in Applying this Rule (Comparative Study with American Law)

When one hurts or sustains a loss or damage due to harmful act, he or she shouldn't be motionless and after that, claim restitution but should act reasonably and do his or her best for blocking or decreasing of loss. The question is. Can this rule also apply to medical law? When patient hurts or subject to hurt because of physician's or other related persons' mistake, injured person should do a...