BiblioVault - Books about Ramseyer, J. Mark

Discrimination in Modern Japan

Case Studies in Identity Politics

J. Mark Ramseyer

University of Chicago Press, 2023

An informative rethinking of how Japanese society discriminates against its Korean, Okinawan, and Burakumin populations.

In this book, J. Mark Ramseyer, a noted authority on Japan looks at discrimination against groups in Japanese society, focusing on the Korean, Okinawan, and Burakumin groups. Ramseyer asks why they experience discrimination in Japan, an unusually homogeneous society. Is it because of some prejudice on the part of the majority that prevents their integration into mainstream Japanese society? Or is it because some of the dynamics within the group create incentives for the group to stay together and to be on the fringes of society?

Ramseyer argues that the real explanation is the latter, and each of these three groups has been victimized by its own leadership. Precisely because the groups are dysfunctional, members of the group cannot control members who would appoint themselves group leaders. The result has been the capture of leadership positions by people who manipulate the group to their own private advantage and to the detriment of the group as a whole.

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The Fable of the Keiretsu

Urban Legends of the Japanese Economy

Yoshiro Miwa and J. Mark Ramseyer

University of Chicago Press, 2006

For Western economists and journalists, the most distinctive facet of the post-war Japanese business world has been the keiretsu, or the insular business alliances among powerful corporations. Within keiretsu groups, argue these observers, firms preferentially trade, lend money, take and receive technical and financial assistance, and cement their ties through cross-shareholding agreements. In The Fable of the Keiretsu, Yoshiro Miwa and J. Mark Ramseyer demonstrate that all this talk is really just urban legend.

In their insightful analysis, the authors show that the very idea of the keiretsu was created and propagated by Marxist scholars in post-war Japan. Western scholars merely repatriated the legend to show the culturally contingent nature of modern economic analysis. Laying waste to the notion of keiretsu, the authors debunk several related “facts” as well: that Japanese firms maintain special arrangements with a “main bank,” that firms are systematically poorly managed, and that the Japanese government guided post-war growth. In demolishing these long-held assumptions, they offer one of the few reliable chronicles of the realities of Japanese business.

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Japanese Law

An Economic Approach

J. Mark Ramseyer and Minoru Nakazato

University of Chicago Press, 1998

In this introduction to Japanese law, J. Mark Ramseyer and Minoru Nakazato combine an economic approach with a clear and often amusing account of the law itself to challenge commonly held ideas about the law. Arguing against such things as the assumption that Japanese law differs from law in the United States and the idea that law plays only a trivial role in Japan or is culturally determined, this book will be recognized as a major contribution to the understanding of Japanese law.

"A compelling economic analysis. . . . This book remains one of the few concerning Japanese law that successfully brings to life the legal culture of Japan." —Bonnie L. Dixon, New York Law Journal

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Japanese Law in Context

Readings in Society, the Economy, and Politics

Curtis J. Milhaupt

Harvard University Press, 2001

This is a wide-ranging selection of 130 readings in Japanese law. The essays, extracted from previously published books and articles, cover subjects including historical context, the civil law tradition, the legal services industry, dispute resolution, constitutional law, contracts, torts, criminal law, family law, employment law, corporate law, and economic regulation. This unique collection of readings is accompanied by the texts of the Japanese constitution and other basic laws.

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Japan’s Political Marketplace

With a New Preface

J. Mark Ramseyer and Frances M. Rosenbluth

Harvard University Press, 1993

Mark Ramseyer and Frances McCall Rosenbluth show how rational-choice theory can be applied to Japanese politics. Using the concept of principal and agent, Ramseyer and Rosenbluth construct a persuasive account of political relationships in Japan. In doing so, they demonstrate that political considerations and institutional arrangements reign in what, to most of the world, looks like an independently powerful bureaucratic state.

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Journal of Legal Analysis, Volume 1

Number 1 (2009): Winter

J. Mark Ramseyer

Harvard University Press

Co-published by the John M. Olin Center for Law, Economics, and Business at Harvard Law School and Harvard University Press, the JLA is a faculty-refereed, peer-reviewed publication on law. It aspires to be broad in coverage, including doctrinal legal analysis and interdisciplinary scholarship. JLA articles are free online and available for sale in bound issues.

Volume 1, Issue 1 contains contributions from Adrian Vermeule (Many-Minds Arguments in Legal Theory), Stephen J. Choi, G. Mitu Gulati, and Eric A. Posner (Are Judges Overpaid? A Skeptical Response to the Judicial Salary Debate), James Q. Whitman (Equality in Criminal Law: The Two Divergent Western Roads), Jonathan R. Macey and Geoffrey P. Miller (Judicial Review of Class Action Settlements), Melvin A. Eisenberg (Impossibility, Impracticability, and Frustration), Edward L. Glaeser, Cass R. Sunstein (Extremism and Social Learning), R. H. Helmholz (Bonham's Case, Judicial Review, and the Law of Nature), and David A. Hyman, Bernard Black, Charles Silver, and William M. Sage (Estimating the Effect of Damages Caps in Medical Malpractice Cases).

http://jla.hup.harvard.edu

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Journal of Legal Analysis, Volume 1

Number 2 (2009): Summer

J. Mark Ramseyer

Harvard University Press

Co-published by the John M. Olin Center for Law, Economics, and Business at Harvard Law School and Harvard University Press, the JLA is a faculty-refereed, peer-reviewed publication on law. It aspires to be broad in coverage, including doctrinal legal analysis and interdisciplinary scholarship. JLA articles are free online and available for sale in bound issues.

Volume 1, Issue 2 contains contributions from Tonja Jacobi (Competing Models of Judicial Coalition Formation and Case Outcome Determination), Thomas W. Merrill (Accession and Original Ownership), Kenneth M. Ayotte and Edward R. Morrison,(Creditor Control and Conflict in Chapter 11), Jonathan Baron and Ilana Ritov (The Role of Probability of Detection in Judgments of Punishment), John C. Coates (Reforming the Taxation and Regulation of Mutual Funds: A Comparative Legal and Economic Analysis), Adriaan Lanni (Social Norms in the Courts of Ancient Athens), Oren Bar-Gill and Omri Ben-Shahar (The Prisoners' (Plea Bargain) Dilemma), and William M. Landes and Richard A. Posner (Rational Judicial Behavior: A Statistical Study).

http://jla.hup.harvard.edu

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Journal of Legal Analysis, Volume 2

Number 1 (2010): Spring

J. Mark Ramseyer

Harvard University Press

Co-published by the John M. Olin Center for Law, Economics, and Business at Harvard Law School and Harvard University Press, the JLA is a peer-reviewed publication on law. It aspires to be broad in coverage, including doctrinal legal analysis and interdisciplinary scholarship. JLA articles are free online and available for sale in bound issues.

Volume 2, Issue 1 contains contributions from Einer R. Elhauge, Daniel E. Ho, Kevin M. Quinn, Gabriella Blum, Andrew T. Guzman, Timothy L. Meyer, Alon Harel, Tsvi Kahana, Anup Malani, Ward Fransworth, Dustin Guzior, Steven Shavell, Victor P. Goldberg, and Melvin A. Eisenberg.

http://jla.hup.harvard.edu

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Journal of Legal Analysis, Volume 2

Number 2 (2010): Fall

J. Mark Ramseyer

Harvard University Press

Co-published by the John M. Olin Center for Law, Economics, and Business at Harvard Law School and Harvard University Press, the JLA is a peer-reviewed publication on law. It aspires to be broad in coverage, including doctrinal legal analysis and interdisciplinary scholarship. JLA articles are free online and available for sale in bound issues.

Volume 2, Issue 2 contains contributions from Yair Listokin, Eric Posner, Kathryn Spier, Adrian Vermeule, Alan Sykes, Benito Arruñada, Theodore Eisenberg, Michael Heise, Ncole Waters & Martin Wells, J. Mark Ramseyer, and Jonathan Masur.

http://jla.hup.harvard.edu

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Law and Investment in Japan

Cases and Materials, Second Edition

Yukio Yanagida, Daniel H. Foote, Edward Stokes Johnson, Jr., J. Mark Ramseyer, and Hugh T. Scogin, Jr.

Harvard University Press

Planned and designed by a leading Tokyo lawyer and several American practitioners and scholars, Law and Investment in Japan introduces both Japanese law and the strategic issues that arise in cross-border transactions. Centered around the details of an actual joint venture between the U.S. and Japan, the book combines materials from the transaction itself with cases, statutes, and background data.

This new second edition reflects recent changes in the law and new directions in scholarly research.

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Measuring Judicial Independence

The Political Economy of Judging in Japan

J. Mark Ramseyer and Eric B. Rasmusen

University of Chicago Press, 2003

The role of the U.S. Supreme Court in the aftermath of the 2000 presidential election raised questions in the minds of many Americans about the relationships between judges and political influence; the following years saw equally heated debates over the appropriate role of political ideology in selecting federal judges. Legal scholars have always debated these questions—asking, in effect, how much judicial systems operate on merit and principle and how much they are shaped by politics.

The Japanese Constitution, like many others, requires that all judges be "independent in the exercise of their conscience and bound only by this Constitution and its laws." Consistent with this requirement, Japanese courts have long enjoyed a reputation for vigilant independence—an idea challenged only occasionally, and most often anecdotally. But in this book, J. Mark Ramseyer and Eric B. Rasmusen use the latest statistical techniques to examine whether that reputation always holds up to scrutiny—whether, and to what extent, the careers of lower court judges can be manipulated to political advantage.

On the basis of careful econometric analysis of career data for hundreds of judges, Ramseyer and Rasmusen find that Japanese politics do influence judicial careers, discreetly and indirectly: judges who decide politically charged cases in ways favored by the ruling party enjoy better careers after their decisions than might otherwise be expected, while dissenting judges are more likely to find their careers hampered by assignments to less desirable positions.

Ramseyer and Rasmusen's sophisticated yet accessible analysis has much to offer anyone interested in either judicial independence or the application of econometric techniques in the social sciences.

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Second-Best Justice

The Virtues of Japanese Private Law

J. Mark Ramseyer

University of Chicago Press, 2015

It’s long been known that Japanese file fewer lawsuits per capita than Americans do. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent.

With Second-Best Justice, J. Mark Ramseyer offers a more compelling, better-grounded explanation: the low rate of lawsuits in Japan results not from distrust of a dysfunctional system but from trust in a system that works—that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties rarely find it worthwhile to push their dispute to trial. Using evidence from tort claims across many domains, Ramseyer reveals a court system designed not to find perfect justice, but to “make do”—to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically.

An eye-opening study of comparative law, Second-Best Justice will force a wholesale rethinking of the differences among alternative legal systems and their broader consequences for social welfare.

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