| 授業コード | 30028400 | クラス | |
| 科目名 | 比較法 | 単位数 | 2 |
| 担当者 | CLEARY, William B. | 履修期 | 前期授業 |
| カリキュラム | ＊下表参考 | 配当年次 | ＊下表参考 |
| 授業題目 | 比較法 |
| 授業の概要 | The US-Japan relationship is one of the strongest in the world. Our respective legal systems are very similar in many ways, and also very different. Japan as the new lay-judge system, and American has been using the jury system for hundreds of years. In this class we will examine both the law and cases of each country and try to understand how we deal with real human and business problems. 実務経験 I have been a lawyer for more than 40 years, and have worked on my cases throughout my career. I have worked for Japanese clients in New York (Japan Airlines, etc.), and in Guam (Sumitomo Construction Company, etc.). I have worked on a variety of criminal cases, including the infamous Kazuyoshi Miura case of suspected murder of his wife Kazumi. I also worked for the United States Forces Japan at Yokota Air Force Base in Tokyo, where I did extensive research on Japanese law and advised the Command concerning the same. For 15 years, I worked as a foreign legal adviser to the law firm of Blakemore & Mitsuki, the oldest international law office in the Japan. All of this experience I bring to the classroom and share with my students. They can get a real appreciation of the work of a lawyer through my eyes. |
| 学習の到達目標 | The purpose of this class is to provide information, and more importantly, to be able to think critically. This class will give motivation about the law and its application. |
| 授業計画 | 第１回 | The timing of this content will be modified in accordance with the school rules. What is comparative law? What is domestic law? What is international law? These topics will be addressed in this class. |
| 第２回 | ２．In this class we will discuss the basic of criminal procedure, and examine the famous vote buying case. （志布志事件） | |
| 第３回 | ３．In this class we discuss the topic "what is justice?". We will examine the of Ellen Risenover and her wrongful conviction. | |
| 第４回 | ４．In this class we will on the prosecution executes its authority and its role in society. We will also discuss a case of wrongful conviction in Japan. | |
| 第５回 | ５．In this class will examine the case of Bernhart Goetz, the New York Subway Shooter case, and the concept of jury nullification. | |
| 第６回 | ６．In this class will talk about SLAPP, and see how a famous Japanese journalist was sued for libel, and the concepts of defamation, slander, and libel. | |
| 第７回 | ７．In this class we will examine the concepts of false evidence and police abuse, and discuss the role of the FBI in a bank robbery case. | |
| 第８回 | ８．In this class we will discuss victims' rights, and freedom of the press to publish the name of rape/murder victim. | |
| 第９回 | ９．In this class we will discuss the civil rights movement of the 1960's, and the role of a famous boxer concerning the same. | |
| 第１０回 | １０．In this class we will discuss the history and contributions of Japanese Americans, and will review the landmark Korematsu case. | |
| 第１１回 | １１．In this class we will take a look at prisons and how we attempt to punish criminals. The Norway prison will be the at the center of discussion. | |
| 第１２回 | １２．In this class we will examine the Russian criminal trial and how their court systems function. How the criminal defendant is treated in the court room will be covered. | |
| 第１３回 | １３．In this class we will discuss the issue of foreign crimes committed by Japanese national in foreign countries. The case of Kazuyoshi Miura will be examined in detail. | |
| 第１４回 | １４．In this class the role of police and their relationship with the residents of their communities, especially as it relates to racism. | |
| 第１５回 | １５．Preparation for the final exam and overall review of the class. |
| 授業外学習の課題 | Each student will visit the Hiroshima District Court and observe an actual trial. |
| 履修上の注意事項 | この講義は原則として日本語で行います。毎週、専門用語の単語テストがあります。 |
| 成績評価の方法・基準 | ８０％期末試験、１０％裁判傍聴、１０％宿題、plus alfa 学生発表 |
| テキスト | None, but the students should have a copy of 六法。 |
| 参考文献 | 刑事法綜合演習, 島伸一先生（現代人分社・２００４年３が１０日・ISBN 4-87798-194-2) |
| 主な関連科目 | None |
| オフィスアワー及び 質問・相談への対応 |
By appointment. Please contact me by email to arrange a meeting. wbcleary@shudo-u.ac.jp |
| 所属 | ナンバリングコード | 適用入学年度 | 配当年次 |
| 法学部法律学科（国際関係法） | － | 2013～2016 | 2･3･4 |
| 法学部法律学科（国際関係法） | FLLA20704 | 2017～2017 | 2･3･4 |
| 法学部法律学科（国際関係法） | FLLA20303 | 2018～2022 | 2･3･4 |
| 法学部国際政治学科（Ｄ群） | － | 2014～2016 | 3･4 |
| 法学部国際政治学科（Ｄ群） | FLIP30401 | 2017～2017 | 3･4 |