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Brain Tech and Civil Substantive Law (General Provisions, Contracts and Transactions, Personality Rights, Torts, etc.)
No full textFactor Investing with Delays
No full textWe present a tractable framework for evaluating the cost of delays induced by infrequent trading in the corporate bond market. Using 341 corporate bond factors from OpenBondAssetPricing.com and machine learning models trained on their underlying signals, we demonstrate that, before transaction costs, 51 factors outperform the bond market. However, this number drops to nearly zero after accounting for trading frictions because the cost of delay is amplified for highly profitable factors. Trading a subset of liquid bonds does not eliminate this cost because liquidity is hard to predict and sales delays cannot be avoided, underscoring the critical impact of delay costs
The Significance of Discussing the Concept of the Need for Juvenile Protection in Juvenile Law
No full text葛野尋之先生 名誉教授称号授与記念Even though the need for juvenile protection is a fundamental concept in juvenile law, there continues controversy over its content. This paper takes the position that the need for juvenile protection is not a legal requirement for protective dispositions, but rather a concept that indicates to the family court investigator a subject on which he or she can provide a professional opinion using empirical scientific knowledge. The investigator assesses whether and to what extent the juvenile is criminally dangerous, and then analyzes the effectiveness of the possible dispositions and measures that can be taken to address it. Furthermore, the investigator also determines whether or not protection is inappropriate. Judges should respect the decision of the investigator unless there is a particular reason to the contrary. However, the normative judgment regarding whether the social sentiment of the general public endorses the protective disposition is not a judgment that makes use of the investigatorʼs expertise. The investigator should avoid acting as if this part of his or her decision is a professional judgment, and the judge will not be required to respect the investigatorʼs judgment in this area as a professional judgment. The family court investigator is required to be familiar not only with protective dispositions, but also with the actual conditions of welfare and criminal dispositions. The investigator must also be able to accurately judge the appropriateness of leaving a case for medical treatment. For this purpose, the investigator must maintain ongoing interaction with the professionals in related areas and have a constant network of social resources in the community. The investigator is also required to hold interviews with the attendants of the delinquent juveniles. We can direct the normative demands to the investigator through the concept of the need for juvenile protection
The Current Situation and Challenges of Defendants’ Rights to Communicate with Counsel in Taiwan
No full text葛野尋之先生 名誉教授称号授与記念In 2009, Constitutional Interpretation No. 654 was issued and stated that the rights to defend provided to detainees under the Taiwan Constitution shall include the right not only to meet with legal counsel but also to communicate freely without any interference or supervision. Later, in 2023, Constitutional Court Judgment No. 9 addressed whether it is permissible to search the law firm’s offices. The court ruled on this issue by articulating the content and scope of the defendant’s rights to communicate with his or her counsel. This paper first examines Constitutional Interpretation No. 654 and Constitutional Court Judgment No. 9 of 2023. It then analyzes the relevant provisions and key judicial decisions under the Taiwanese Code of Criminal Procedure. The study concludes by presenting a comparison of the aforementioned judgements with Japan’s Code of Criminal Procedure, Article 39
The Current Phase of the European Champions Doctrine under EU Competition Law : The 2024 Draghi Report as a Starting Point
No full text論説On September 9, 2024, Mario Draghi published a report on the future of European competitiveness（the Draghi report）. This article uses the Draghi report as a starting point to examine the current phase of the “European champions” doctrine. The Draghi report begins by emphasizing the importance of traditional competition policy. However, the Draghi report suggests that the EU Merger Regulation can be used to foster European champions that can compete with superstar companies in China and the United States. Therefore, the Draghi report recommends that the European Commission should emphasize the weighting of innovation and future competition in its decisions. The Draghi report raises various questions, such as whether the central issue is to maintain a competitive environment that can promote innovation, rather than artificially committing to certain investment levels through behavioral measures. However, the Draghi report tries to conform to the theory and terminology of competition law. Japan and the EU share many common challenges, such as the lack of significant innovation in the fields of digital and AI, and the notable progress of declining birthrate and aging population. It will be important to keep a close eye on developments in the EU discussions.日本学術振興会25K04787SDGsと経済法―脱炭素・人権DD・人口減少・経済安全保障を中心として―本稿は、2025 年度科学研究費補助金（基盤研究（C）、課題番号：25K04787）による研究成果の一部である
The Characteristics and Challenges of Renewable Energy Use in Prefectures of Japan based on the Fourth Nationwide Survey
No full textFour years has passed since the third nationwide questionnaire survey of municipalities on renewable energy policy in Japan was completed. Since then, the situations with which municipalities are faced have been changed drastically. In order to find out how municipalities react to such changes, and how are new trends in renewable energy policy emerging, the fourth survey was conducted from January 2025 through March 2025 jointly by the Hitotsubashi University, The Asahi Shimbun Company, Nagoya University, and Hokusei Gakuen University. There were responses from 1303 municipalities, for a response rate of 74.8%. Based on the results of questionnaire survey, this paper introduces the characteristics and challenges of renewable energy use in prefectures. We clarify the regional differences about what kind of initiatives municipalities are implementing, what challenges they face, and what policy responses they desire to help overcome those challenges
