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Management of Irrigation Associations in the Early Modern Period and Their Transformation : Focusing on the Jugo Irrigation Association of Echizen Province
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What is Happening to Unionization in Japan?
No full textOfficial government estimates show a gradual decline in union density in Japan over several decades akin to that in other countries with decentralized bargaining structures. However, new evidence from various social surveys indicates that union density has been rising in Japan. Using one of these social surveys – the Survey on the Work and Life of Workers (SWLW) – we show union density has risen by 7.3 percentage points to 29.1% in the Japanese private sector between 2011/13 and 2020/24. We decompose the growth in union density since 2011/13 to establish how much of it is attributable to changes in workforce composition. Conditioning on union presence at the workplace, compositional change accounts for 47% of the increase in union density. The remaining 53% is due to within-group change with unions increasing membership across all types of worker including some with traditionally low rates of unionization. However, establishing a union at the workplace remains key since virtually all the growth in union membership (97%) is in unionized workplaces.This research was supported by the Joint Usage/Research Center, Institute of Economic Research, Hitotsubashi University, Grant Number IERPK251
The Right to Effective Assistance of Counsel : Recent Trends in the U.S. Supreme Court
No full text葛野尋之先生 名誉教授称号授与記念In 1963, when the U.S. Supreme Court declared that the Sixth Amendment guarantees the right to appointed counsel in state prosecutions, it also made federal habeas review widely available to state prisoners, which encouraged them to raise the claim of ineffective assistance of counsel（IAC）in seeking federal habeas remedy. After the end of the Warren Court, however, the Court started to limit state prisoners’ access to federal habeas review, and the enactment of the Anti-terrorism and Effective Death Penalty Act of 1996（AEDPA）further restricted the federal courts’ ability to review state convictions and sentences. Against these backdrops, Shinn v. Ramirez, 596 U.S. 366（2022）, has made it virtually impossible for state prisoners to have their claims of ineffective assistance of trial counsel reviewed if their state post-conviction counsel was also ineffective and failed to raise the claim of IAC at trial. This article discusses the context in which the Court decided Ramirez and its negative impacts on state prisoners’ rights to effective assistance of counsel
The Exclusionary Rule and Juvenile Delinquency Proceedings
No full text葛野尋之先生 名誉教授称号授与記念This paper examines the exclusion of illegally obtained evidence in juvenile trials. Unlike the criminal procedure, the juvenile law lacks explicit rules on excluding such evidence. While opinions suggest adopting similar rules as in criminal cases, specifics on application and criteria remain unclear. Japanese precedents illustrate varying approaches. Emphasis is placed on protecting juvenile rights while ensuring due process, a balance crucial for maintaining judicial integrity and deterring unlawful investigations. Lower court cases highlight the need for stringent safeguards in juvenile interrogations to uphold fairness and protect the childʼs right to development. The necessity of education and protection for juveniles―derived from the purpose of the juvenile law―should be understood as playing a role in the application of the exclusionary rule. When assessing the seriousness of the illegality, the need to protect juveniles justifies taking into account police regulations. When considering the appropriateness of exclusion, the need to protect juveniles imposes on the court the responsibility to provide a justification when denying the exclusion of evidence
The Structure of Selective Institutional Responses : Legal Tech and Generative AI in Japan from an Access-to-Justice Perspective
No full text論説This article investigates why Japan’s institutional response to legal tech and generative AI has remained limited and asymmetrical, especially when contrasted with more interventionist approaches in the U.S. and Germany. Whereas unauthorized practice of law （UPL）has been actively litigated abroad, Japan’s regulatory focus remains narrowly confined to corporate-use tools like contract review systems, with limited concern for access- to-justice issues facing individuals and small businesses. This silence is not solely attributable to adjacent licensed professions such as judicial scriveners, but reflects deeper structural and cultural factors that have obscured latent demand and shaped regulatory preferences. Addressing a gap in the literature, the article conceptualizes this pattern as “institutional silence”―a deliberate and persistent institutional inaction that maintains existing symbolic and professional orders. Using comparative legal analysis and original survey-based data on small business adoption of legal tech and generative AI, the study shows how institutional responses may be selectively activated or withheld in ways that quietly limit the diffusion of transformative technologies. It contributes theoretically by revealing how regulatory inaction itself can serve as a mode of preserving professional boundaries and managing technological disruption. While the analysis centers on the domain of UPL, the article situates this case within a broader pattern of regulatory disengagement across Japan’s legal-institutional framework, particularly in domains where legal norms have lagged behind business practice. In this context, it further suggests that as generative AI advances, its ability to reveal and interact with such silences―especially through mechanisms like tag design in Retrieval-Augmented Generation（RAG）systems―may gradually compel legal and regulatory systems to revisit previously unarticulated normative gaps
Bayesian Analysis of Business Cycles in Japan by Extending the Markov Switching Model
No full textThis paper analyzes business cycles in Japan by applying Markov switching (MS) models to monthly data on the coincident indicator of composite index (CI) during the period of 1985/01-2025/05 calculated by Economic and Social Research Institute (ESRI), Cabinet Office, the Government of Japan. During the latter half of the sample period, the Japanese economy experienced major shocks such as the global financial crisis in 2008, the Great East Japan Earthquake in 2011 and the COVID-19 pandemic in 2020. CI fell sharply during these periods, which make it difficult to estimate business cycle turning points using the simple MS model. In this paper, the MS model is extended by incorporating Student's t-error and stochastic volatility (SV). Since it is difficult to evaluate the likelihood once SV is introduced, a Bayesian method via Markov chain Monte Carlo (MCMC) is employed. The MS model with t-error or SV is shown to provide the estimates of the business cycle turning points close to those published by ESRI. A new method for evaluating marginal likelihood is evaluated. Bayesian model comparison based on marginal likelihood provides evidence that t-error is not needed once SV is introduced. Using the MS model with normal error and SV, structural changes in CI's mean growth rates during booms and recessions are also analyezed and two break points are found in the both mean growth rates. One is 2008/10 and the other is 2010/02, during which the mean growth rate during recession falls and that during boom rises due to the global financial crisis.Japan Society for the Promotion of Science23H00048新たな不確実性指標の構築と金融市場およびマクロ経済に与える影響の理論・計量分析Financial support from the Ministry of Education, Culture, Sports, Science and Technology of the Japanese Government through Grant-in-Aid for Scientic Research (23H00048, 24H00142) and Hitotsubashi Institute of Adavanced Study (HIAS) is gratefully acknowledged
Beyond Positivism : Investigating Paradigm Diversity in Marketing Studies
No full textHaving diverse paradigms is crucial for intellectual development, especially in social sciences such as marketing, in which different perspectives are necessary to comprehend complex social phenomena. Editorials in leading marketing journals show a stance of promoting paradigm diversity; however, a content analysis conducted on papers published in the top eight journals revealed that research based on paradigms other than positivism is still in the minority. To promote multi-perspective intellectual contributions, the study suggests creating socialization opportunities among disciplines, designing doctoral programs that expose students to various paradigms, diversifying faculty, and publicly acknowledging research based on non-dominant paradigms
An Analysis of the Challenges in Japanese for Specific Purposes Faced by International Design Students at Art Universities : Based on Interviews with Chinese Master's Students
No full textI. 論文本研究は、美術大学大学院デザイン専攻の修士課程に在籍する中国人留学生4 名を対象に、専門日本語に関する課題を質的に明らかにすることを目的とした。インタビューの結果、日本語支援体制の不備と使用機会の不足、高度な日本語力を要する制作や学術場面での困難、自律学習の限界、専門語彙の不可欠性が主な課題として浮かび上がった。従来の日本語教育では対応しきれず、これまで十分に検討されてこなかった美術系の留学生への支援を考える手がかりとなる