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東京大学公共政策大学院 | GraSPP / Graduate School of Public Policy | The university of Tokyo

FISHER, James Clayton FISHER, James Clayton

特任准教授 / Project Associate Professor FISHER, James ClaytonFISHER, James Clayton

Courses in AY 2019

  • 5111210 Introduction to Japanese Law
  • 5121223 Comparative Trusts Law
  • 5121224 Making Legal Arguments: Legal Writing in Theory and Practice
  • 5121225 English Contract Law
  • 5121226 English Contract Law

Education & Employment

2015~
Project Associate Professor (University of Tokyo, Faculty of Law & Graduate Schools for Law and Politics)
2017 ~ 2019
Visiting Lecturer (Meiji University, School of Law)
2013 - 2015
Daiwa Scholar (Daiwa Anglo-Japanese Foundation)

Research Fields

Comparative private law (property, obligations and the murky middle-ground); Japanese public law; legal theory.

My doctrinal legal scholarship focuses on the common law of obligations and property, particularly the dividing line between these two categories, and increasingly from a comparative perspective. I have additional research interests in constitutional and human rights law in Japan, legal history, and critical approaches to legal theory and reasoning.

その他の活動

学会発表

Major Publications

“Trusts as legal transplants: Lessons from Japan”
in Ben McFarlane and Sinéad Agnew (eds), Modern Studies in Property Law: Volume 10 (2019, Hart Publishing) (forthcoming)

"The Quasi-Constitutionality of Non-Statutory Law: Executive Constitutional Interpretation in Japanese Law"
in Richard Albert & Joel I. Colón-Ríos (eds), Quasi-Constitutionality and Constitutional Statutes: Forms, Functions, Applications (Routledge, 2019)

“Contract variation in the common law: A critical response to Rock Advertising v MWB Business Exchange” (2018) 47 Common Law World Review 196

Law in England and Wales
(Wolters Kluwer, 2018) (https://lrus.wolterskluwer.com/store/product/contract-law-in-england-and-wales/)

“Rethinking the rules for the proprietary effect of freehold covenants”
in Robin Hickey & Heather Conway (eds), Modern Studies in Property Law: Volume 9, (Hart Publishing, 2017)

“The trust as Trojan Horse: A comparative perspective on trusts’ role in Japanese succession law”
(2018) 103 Iowa Law Review 1945.

“The Curious Case of the Criminal Tattooist: Japanese Criminal Law in Action”
(2017) 44 Journal of Japanese Law 277

Douglas Howland, International Law and Japanese Sovereignty: The Emerging Global Order in the 19th Century (book review)
(2017) 44 Journal of Japanese Law 308

“Pirates, Giants and the State: Legal Authority in Manga and Anime”
in Ashley Pearson et al. (eds), Law and Justice in Japanese Popular Culture (Routledge, 2018) (forthcoming)

“Implied terms again, or how Lord Hoffmann got treated in Marks & Spencer”
(2016) 45 Common Law World Review 236

“The making and breaking of contractual licences”
(2016) 80 The Conveyancer & Property Lawyer 403

“The latest word on illegality”
[2016] Lloyd’s Maritime and Commercial Law Quarterly 483

“Rearticulating the rule against penalty clauses”
[2016] Lloyd’s Maritime and Commercial Law Quarterly 169

“Article 9, the rise of China and the US-Japan security alliance”
(2016) 21 Journal of Japanese Law 165

Hiroyuki Kihara, Tort Law in Japan (book review)
(2016) 41 Journal of Japanese Law 260

Alastair Hudson, Equity and Trusts (book review)
(2017) 51 The Law Teacher 104

“The ex turpi causa principle in Hounga and Servier”
(2015) 78 Modern Law Review 854

“The Constitution, international law and the rights of foreigners in Japan”
(2015) 39 Journal of Japanese Law 109

“Uncertainty, opportunism and the intermediate term: The Hong Kong Fir principle in English and Irish contract law”
(2015) 14 Hibernian Law Journal 96

“Kettel v Bloomfold and the ouster principle in the law of easements”
(2014) 3(2) Westminster Law Review

“Morality in cultural defence cases: Insights from a Dworkinian analysis”
(2013) 1(2) Birkbeck Law Review 281