著者

三枝 有

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.48, no.2, pp.45, 2012 (Released:2017-11-01)

著者

北村 貴

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.51, no.1, 2014

著者

呉 紅敏

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.52, no.2, pp.31, 2016 (Released:2017-11-01)

著者

林 弘正 和田 美智代

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.42, no.2, pp.249-254, 2006

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The 103rd general meeting and symposium of The Japanese Association of Law and Political Science were held at Keiai University on November 26^<th> and 27^<th> of the year 2005. The uniform theme was "Family's transfiguration and violence". Five panelists presented their study at this session. First, Mr. Tomiyuki Ogawa of Aichi Gakuin University presented on the theme of "Family's transfiguration and violence". Second, Mr. Yoshinibu Araki of Musasino University presented on the theme of "Child Abuse and Neglect in Urban Areas". Third, Mr.Saegusa Tamotsu of Chukyo University presented on the theme of "Child Abuse and Punishment by Criminal Law-Focusing on the amended Child Abuse". Fourth, Ms. Machi Kamio of Shobi University presented on the theme of "The Legal System against Spousal Violence-Japan and France-". The last panelist Ms. Etsuko Furuhashi of Hanazono University presented on the theme of "Situation of Older People Abuse and Problem in Legal Action". After these important reports, each reporter responded to some questions and opinions from several members of the floor. This symposium ended successfully at 17:30. We are thankful to Prof.Yoshihiro Yamauchi, all other people at Keiai University and Heisei International University who helped this symposium.

著者

和田 幸司

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.49, no.1, pp.162, 2012 (Released:2017-11-01)

著者

辻 雄一郎

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.51, no.2, pp.111-130, 2015

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The Fourth Amendment was added to the U.S. Constitution in 1791. In no place in the Fourth Amendment does the term "warrant" appear. In interpretation of the Fourth Amendment by the U.S. Supreme Court, the police require warrants to perform searches. A warrantless search is deemed reasonable only if it falls within a specific exception to the Fourth Amendment's warrant requirement. The ninety percent of American adults who own cellphones todays carry with them digital records of nearly every aspect of their lives. Two hundred and twenty-three years have passed since the Fourth Amendment was added. In Riley v. California, the Supreme Court held that the police generally have no authorization to search digital information on cellphones seized from arrested individuals without warrants. While the Riley case is certain to be a subject further study, the American scholars who have studied the case so far have found several lessons for the interpretation of constitutional law. In this article, I would like to discuss this issue with a focus on the interpretation methods of the originalist Justice Scalia and the intra-textualist Akhil Amar, and the battle between Congress and the judicial approach. Justice Breyer provided six factors to overturn precedents. Daniel Farber shows a pragmatic approach.

著者

森本 敦司

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.35, no.2, pp.103-116, 1999-05-15 (Released:2017-11-01)

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It is said that paralegal is the fastest growing occupations in today's America. By "the American Work Force: 1992-2005", the number of paralegal is expected to increase by 81 percent from 1992 to 2005. The professional status of paralegals has its roots in the 1960s. Since then, attorneys have begun to realize how the use of paralegals in the law firm can help them provide quality legal services at lower cost to client. Generally, paralegal, or legal assistant, can be defined as a person sufficiently trained in law and legal procedures to assist attorneys in the delivery of legal service to the public. Paralegal employers fall into three broad categoreis: law firms, corporations and other business organiations, and government agencies. Paralegals perform many of the tasks that have traditionally been handled by attorneys: for example, drafting legal documents, interviewing clients and witnesses, and conducting legal research. However, paralegal may not give legal advice, set legal fees, or represent a client in court. Paralegals perform the same functions as an attorney except those prohibited by unauthorized practice of law statutes. Basically, there are three categories of the paralegal profession as the following: traditional paralegal, who works with supervision by a lawyer: freelance paralegal, who works as an independent contractor with supervision by a lawyer: and independent paralegal, who practice independently, that is, are not under an attorney's supervision, and provides routine legal services direclty to consumers. Recognizing the need to make lega services more widely available to the public, paralegals have expanded their practice into many broad and diverse specialities.

著者

森本 敦司

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.35, no.2, pp.103-116, 1999

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It is said that paralegal is the fastest growing occupations in today's America. By "the American Work Force: 1992-2005", the number of paralegal is expected to increase by 81 percent from 1992 to 2005. The professional status of paralegals has its roots in the 1960s. Since then, attorneys have begun to realize how the use of paralegals in the law firm can help them provide quality legal services at lower cost to client. Generally, paralegal, or legal assistant, can be defined as a person sufficiently trained in law and legal procedures to assist attorneys in the delivery of legal service to the public. Paralegal employers fall into three broad categoreis: law firms, corporations and other business organiations, and government agencies. Paralegals perform many of the tasks that have traditionally been handled by attorneys: for example, drafting legal documents, interviewing clients and witnesses, and conducting legal research. However, paralegal may not give legal advice, set legal fees, or represent a client in court. Paralegals perform the same functions as an attorney except those prohibited by unauthorized practice of law statutes. Basically, there are three categories of the paralegal profession as the following: traditional paralegal, who works with supervision by a lawyer: freelance paralegal, who works as an independent contractor with supervision by a lawyer: and independent paralegal, who practice independently, that is, are not under an attorney's supervision, and provides routine legal services direclty to consumers. Recognizing the need to make lega services more widely available to the public, paralegals have expanded their practice into many broad and diverse specialities.

著者

大西 斎

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.51, no.2, pp.95-109, 2015

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The "Act on Procedures for the Amendment of the Constitution of Japan" (hereafter "the Act") was revised on June 13, 2014. There had been some confusion under the Act before the revision, as the Act had failed to clearly define whether the voting age was 18 or 20. The revision to the Act solved this problem, but several new issues arose, in its place: (1) whether adults in Article 15, Paragraph 3 of the Constitution should be treated the same way as persons who have reached the age of adulthood in the Civil Code, (2) whether the lowering of the age of adulthood in the Civil Code harms consumers, (3) whether or not the age of full suffrage should be lowered to 18, and (4) whether the age of voting rights should be treated in the same way as the age of full suffrage. These issues will be examined in this paper.

著者

小栗 勝也

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.35, no.2, pp.135-151, 1999-05-15

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This paper aims to make an investigation as to what was the main body that completed the Soldieers' and their Families' Relief Act in 1917. In 1995 Mr. Jun Gunshi made public a leading treatise on this issue, when there had been no researches in this field before. It seems, however, that his writing was wrong in two points. First, Mr. Gunshi made a fundamental misunderstanding about the Act. He argued thet the aim of the Act was diverted under the direction of the army so as to mainly relieve the familes of the soldiers in service, while it originally aimed to relieve the soldiers who were wounded and retired as well as the bereaved families. But in the writer's reconsideration of the Act no change of the aim was found. Second, his conclusion raised a doubt as to the army's leading role for the completion of the Act. The re-examination tells that in reality the House of Representatives was tha main body to lay down the Act and pass it. Then the government and the army were both negatibe in making the law in the early stage, but later they finally went into action at the repeated requests of the House of Representatives. In conclusion, it was the House of Representatives that made the greatest contribution of the completion of the Act in discussion.

著者

倉田 賀世

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.52, no.2, 2016

著者

本田 弘子

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.14, pp.89-101, 1978-05-20 (Released:2017-11-01)

著者

宮畑 加奈子

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.52, no.2, 2016

著者

岡田 順太

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.51, no.1, pp.211, 2014 (Released:2017-11-01)

著者

小野 幸二

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.12, pp.41-50, 1976

著者

松浦 淳介

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.52, no.1, pp.53-72, 2016-02-25 (Released:2017-11-01)

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This paper analyzes the legislative process of the bill on the protection of specially designated secrets which passed the Japanese Diet in December 2013, for the purpose of clarifying how the divided Diet changes the legislative process of confrontational bills. The author expects, applying the game theory, that the government tends to give up submitting confrontational bills to the Diet in the divided Diet. Further, I focus on the process until the bill on the protection of specially designated secrets is submitted to the Diet, and show that it was not submitted to the Diet, though the bill was prepared for beforehand in the divided Diet.

著者

三明 翔

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.51, no.2, pp.147-176, 2015-08-15 (Released:2017-11-01)

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In today's age of globalization, it is not uncommon for evidence of a crime to be located overseas. Japanese investigators or prosecutors who encounter this circumstance must ask foreign governments to collect the evidence and send it to Japan. Yet not uncommonly, foreign authorities obtain evidence by means or procedures that would be unlawful under Japanese law. Under what standard or framework should the admissibility of that kind of evidence be decided in Japanese courts? The exclusion of evidence on the grounds of trivial procedural differences would thwart international collaboration in criminal investigations, to be sure. But should such evidence always be admitted? Are there exceptional cases where such evidence must be excluded? This note will first review the decisions in the Japanese courts and conclude that no concrete standard or framework has yet been formed to decide the admissibility of this kind of evidence. Second, this note will examine how courts in the United States address this issue. This examination will turn up two exceptional cases where evidence collected by foreign authorities must be excluded: one where the "joint venture" doctrine applies and the other where the conduct of foreign authorities "shocks the conscience." Finally, this note will examine the rationale of excluding evidence in those exceptional cases and argue that there is leeway for bringing those exceptions into Japanese jurisprudence.

著者

神元 隆賢

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.54, no.2, 2018

著者

谷口 尚子

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.55, no.1, pp.237, 2019 (Released:2019-04-08)

著者

林 賢參

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.55, no.1, pp.161, 2019 (Released:2019-04-08)