利用者:Ryohei SATO 206/sandbox

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Kunihiko (Kenny) Yoshida
生誕	(1958-07-25) 1958年7月25日
国籍	Japanese
職業	law professor
著名な実績	legal scholar specializing in civil law theory

Kunihiko (Kenny) Yoshida (born in 1958) is a Professor of Law at Hokkaido University in Japan, and a Permanent Visiting Professor of Law at Nanjing Normal University in China. His field is Japanese civil law, working on broadly from contracts, to property, torts, family law, health law, and recently housing welfare, reparations, and indigenous peoples’ law in terms of comparative legal theories. He originally studied European laws, but his concern has moved to the American legal realism movement and its modern pedigrees, influenced by critical legal studies.

Education and Career

He graduated from Tokyo University, Department of Law in March, 1981, and became a research fellow there through September, 1984. After teaching at Hosei University as an associate professor, he moved to Hokkaido University in April 1987, and has been teaching all fields of civil law, health law, housing welfare law and legal policies in general as an associate professor, professor and graduate school professor for almost 35 years.

International Academic Activities

Professor Yoshida has earned a PhD in Civil Law from Tokyo University, Japan (1996), and has a long visiting academic career, including Northwestern Law School (1989-1991), Stanford Law School (1994-1995), Harvard Law School /Harvard Yenching Institute (2002-2003), University of Miami Law School (2012-2013), and University of Colorado Law School (2018-2019) in the U.S. He has written more than 100 articles and case reports and has published eight monographs widely on contracts, torts, health law, critical legal studies, including critical race theories, and more recently on property theories, specifically on housing, city making, environment, immigration and reparations. The relational perspective under the influence of late Professor Ian Macneil at Northwestern is the common thread across the fields.
After educating many graduate students from China and Korea, Professor Yoshida has visited the East Asian countries a number of times in recent years to advise on recovery plans from the perspective of housing and urban welfare at Chengdu after the earthquake disaster in Sichuan province, to investigate the environmental damage due to asbestos in Korea, and to do some collaborative work on reparations issues regarding “comfort women” for the Japanese Army, Nanjing massacre, Chongqing bombings, Jeju tragedies, Khmer Rouge atrocities, etc. and has held visiting appointments at various universities in Korea, Taiwan, China, Thailand and Cambodia.
Professor Yoshida is also an expert of reparations regarding the Ainu people, the indigenous people in Hokkaido, from civil law perspectives. His current research is focused on repatriation, environmental injustice, and traditional indigenous knowledge in support of pressing agenda of the Ainu reparations compared to UNDRIP (UN Declaration on the Rights of Indigenous Peoples in 2007) and other indigenous peoples’ practices across the globe. His most recent environmental work addresses the topics of Minamata Disease and Fukushima TEPCO radiation litigations. Regarding his indigenous peoples’ study, he gave lectures at the University of Alaska (Fairbanks), Australian National University, Umea University in Sweden, Dong Hwa University in Taiwan, and at the University of Colorado Law School as visiting professor.

Publications (Limited Bibliography)

Professor Yoshida has also published textbooks in Civil Law, Contracts, Torts, Property, Health Law, and Family Law, with respect to public policy, over the last several years.

Monographs

• (1)Reconsidering the Tort of Inducing Breach of Contract (Forderungsverletzung) (Yuhikaku Pub. Co., 1991)
• (2)Civil Law Interpretations and the Transformation of Property Theories (Civil Law Theory Series vol.1) (Yuhikaku Pub. Co., 2000)
• (3)The Relational Development of Contract Law and Health Law (Civil Law Theory Series vol.2) (Yuhikaku Pub. Co., 2003)
• (4)Property, Housing Welfare, and the Reparations in the Era of Multiculturalism (Civil Law Series vol.3) (Yuhikaku Pub. Co., 2006)
• (5)Urban Housing Welfare, Disaster Recovery, War Reparations and a Critical ‘Rule of Law’ (Civil Law Theory Series vol.4) (Yuhikaku Pub. Co., 2011)
• (6)East Asian Civil Law Scholarship Facing Disaster, Housing Welfare, and Reparations for the Indigenous Peoples: From the Forefront (Part 1) (Part 2) (Part 3) (Civil Law Theory Series vol. 5~7) (Shinzan Pub. Co., 2015, 2017, 2019)
• (7)Civil Law Theories of Indigenous Peoples’ Issues, Immigration and the Global Warming (Civil Law Series vol.8) (Shinzan Pub. Co., 2021) (forthcoming)

Lecture Books (Textbooks)

• (1)Family Law Lecture Book (Shinzan Pub. Co., 2007)
• (2)Tort Law Lecture Book (Shinzan Pub. Co., 2008)
• (3)Property and Secured Transaction Lecture Book (Shinzan Pub. Co., 2010)
• (4)General Obligation (Contract Law I) Lecture Book (Shinzan Pub. Co., 2012)
• (5)Concrete Contracts (Contract Law II) Lecture Book (Shinzan Pub. Co., 2016)
• (6)Civil Law and Public Policy Lecture Book (Shinzan Pub. Co., 2018)

Japanese Translation

• (1)Mark Hall et al. translated by Kunihiko Yoshida, American Health Law and Policy (Bokutaku Pub., 2005) (original 2003)
• (2)Guido Calabresi translated by Kunihiko Yoshida, The Future of Law and Economics (Koubundou Pub., 2021) (original 2016) (forthcoming)

Limited Articles in English

• (1)“Reconsidering the "Rule of Law" in Japan with Special References to Race, Reparation, and Residential Property”, Hokkaido Law Review 55(4), 464-437 (2004) ((Reconsidering the "Rule of Law" in Japan with Special References to Race, Reparation, and Residential Property (hokudai.ac.jp))
• (2)“Reparations and Reconciliation in East Asia as a Hot Issue of Tort Law in the 21st Century: Case Studies, Legal Issues, and Theoretical Framework”, Journal of Korean Law 11(2), 101-122 (2011)(05_Kunihiko Yoshida_??.indd (snu.ac.kr))
• (3)“Reparations and Reconciliation in East Asia: Some Comparison of Jeju April 3rd Massacre with Other Related Asian Reparations Cases”, World Environment & Island Studies, 2(1), 79-111 (2012)
• (4)“The Challenges in Pursuit of Reconciliation of Jeju Historical Injustice”, World Environment & Island Studies, 3(2), 47-62 (2013)
• (5)“Property Law Policy for the Indigenous Ainu People in Japan and the Unresolved Issue of Reparations”, in: NAM-KOOK KIM ED., MULTINATIONAL CHALLENGES AND SUSTAINABLE DEMOCRACY IN EUROPE AND EAST ASIA (Palgrave Macmillan, 2014)
• (6)“Why Should Japan Be Concerned About Jeju Reparations and Reconciliation?: From the Peace Islands of Hokkaido and Jeju”, World Environment and Island Studies, 5(2), 81-90 (2015)
• (7)“Problems and Challenges for "Voluntary Evacuees" with regard to the Fukushima Radiation Disaster”, Hokkaido Law Review 67(4), 426[1]-400[27] (2016) (Problems and Challenges for "Voluntary Evacuees" with regard to the Fukushima Radiation Disaster (hokudai.ac.jp))
• (8)“Some Critical Analysis of the Japanese “Legal Transplant” Concept: From the Legal Geography Perspective”, US-China Law Review, 17(3), 113-129 (2020)