Teaching courtroom antics in Japan and China

Eddie Ohlbaum, an amazing trial lawyer who teaches evidence and trial advocacy classes at Temple (in which I am a quite happy student), was just in Japan teaching lawyers how to BS a jury.

It’s a fun story, but not nearly as dramatic as the real reason for his Asian tour: he was going to assist lawyers in the first due process trial ever held in the People’s Republic of China. On the last day of class before he left, he gave us a brief but impassioned speech about how proud he was to be part of this.

Note the lack of a link here: that’s because it didn’t happen. Instead, he and his colleagues were allowed to witness… a guilty plea. With some superficial witness statements tacked on to determine sentencing: each side was allowed exactly two questions per witness. Ohlbaum’s account of the entire affair was quite amusing: he described his conversations with the defense lawyer, who had no clue that anything special was going on. “But you just went through fifty pages’ worth of discovery!” “Uh, yeah.” “Have you ever seen that much discovery in a trial before?” “No…” “Have you ever seen ANY discovery in a trial before?” “Uh, I guess not… what’s your point?”

The whole thing smacked of show in the end. One highlight: while the defendant was eligible for 3 to 10 years in prison (extortion charges), he got off with five years’ probation. PROBATION. According to Ohlbaum, when the sentence was handed down, the lawyer looked around the courtroom as if to say: “Huh? Am I still in China?”

The other money quote from the good professor’s Asia recap was this: “If you can choose to commit a crime in Japan or the U.S., seriously, it’s worth it to buy the plane ticket.”

Shinzo Abe, barbarian-defeating shogun?

Now that we’ve completely trashed Foreign Minister Taro Aso’s political qualifications, it’s time to look at Shinzo Abe, the new Chief Cabinet Secretary and Minister of State for Taking Over After Koizumi, shown here in all-out “I’m gonna be a world leader someday!” mode.

Like Koizumi, Abe is a popular guy. Also like Koizumi, he enjoys ruffling feathers, whether it’s advocating a tougher defense policy or visiting Yasukuni Shrine. He is often described as “hawkish,” although I think that word is a bit loaded. He’s certainly confrontational, though: his fame comes from negotiations with North Korea over the abductee issue, in which he refused to take much crap.

Like Aso, he has a political pedigree, although it doesn’t go too far back. Abe’s father Shintaro Abe was Secretary-General of the LDP and served in the Nakasone cabinet back in the mid-80’s. His maternal grandfather Nobusuke Kishi was Prime Minister in the late 1950’s and younger brother of Prime Minister Eisaku Sato, who won the Nobel Peace Prize. Kishi and Sato were both rags-to-riches stories, so Abe’s political lineage ends there.

He started out at Kobe Steel after college, then worked his way into the bureaucracy and became his father’s secretary during the elder Abe’s tenure as Secretary-General. After his father died in 1991, he ran for the empty seat representing Yamaguchi Prefecture, won it, and slipped from the administration into the government.

The Chief Cabinet Secretary position, a combination of press secretary and chief of staff, gives Abe an excellent platform to become even more well-known to the people (many CCSes have gone on to become prime ministers, most recently the late Keizo Obuchi). But he shouldn’t need too much help: he’s already way ahead of the field in opinion polls. Abe has been getting some blogger support too: Lord Curzon is a longtime fan, for one.

Koizumi is using his great political capital to give the country a choice between a hard-ass and a wack-ass. This Yomiuri writer says it Japanese-style:

Koizumi, by including possible successors in the Cabinet, intends to let them compete with each other to come up with ideas and efforts for reform, a decision that suggests the prime minister is grooming an heir to inherit a shogunate named “reform.” … Koizumi, in his reshuffle, made it quite clear he wants this shogunate of reform to be inherited by Abe.

The choice is pretty obvious; hopefully the obvious choice will be made, so Japan doesn’t end up with a prime minister who’s obsessed with “floppies.”

CAVEAT: It could be one of those dark horses, too, like finance minister Sadakazu Tanigaki. But Abe is who just about everyone seems to want.

The origin of “viking”

Hurts... to... look...
I was feeling a little curious, so I looked up the origin of the word “viking” (as in the Japanese word for buffet “baikingu” or バイキング)…

Apparently it was started when the Teikoku Hotel offered up its first buffet… They put out a call for suggestions within the company, and a few people wrote in saying that such a buffet reminded them of the feast scene in the Kirk Douglas movie “The Vikings“… Such an association was apparently common among Japanese people at the time, so the feasts were a huge hit and the name stuck.

(Source: Some random website)

What a boring explanation! I mean, I don’t know what I was expecting, but I hoped it would be better than the name of some movie…

What elegance!

What elegance!

Another airport in Tokyo?

Narita has expanded as far as it can go. Haneda, already the busiest airport in Asia, can’t go anywhere but further into the bay. Tokyo will eventually need a third airport, or so we’re told.

The Tokyo Metropolitan Government, with Ishihara’s personal blessing, wants to use Yokota Air Base, a U.S. Air Force base in west Tokyo, for civilian flights. That seems somewhat unlikely now, since the base is going to have expanded duty as the Air Self-Defense Force’s command center (protests be damned), on top of its existing role as headquarters for U.S. forces in Japan.

The other option is to build offshore. Several sites have already been proposed, most of them in Tokyo Bay, except for one site off of the Kujukuri Beach on the Pacific coast of Chiba (obviously a bad idea; spoil a nice beach with an airport that’s even farther from Tokyo than Narita?!).

Is the third airport really necessary? After all, Narita just had to cut its landing fees to stay competitive. I think it all has to do with the fact that the Kansai region will have three airports as of next February. Ishihara just doesn’t want his half of Japan to fall behind.

London has five airports and is getting along just fine. That doesn’t mean that more is necessarily better. Berlin is in transition from three airports to just one. Maybe Tokyo will someday admit that Narita was a dumb idea, and run all of its flights from a humongous future version of Haneda, acres and acres of concrete sprawling out into the bay.

Taro Aso: the future of Japan?


Prime Minister Koizumi’s new cabinet is in place this week, and one of the apparent front-runners to succeed him is this interesting fellow, Taro Aso, now Minister of Foreign Affairs.

We’ve already talked about some of his more asinine comments: that burakumin shouldn’t be in government, that Japan is one race, that Korea was better off under colonial rule, that floppy disks are the future, and all that.

But there’s more to Aso-san than just knee-jerk right-wingery. Let’s look at his colorful past:

  • Aso’s father, Takakichi Aso, was a big businessman: he owned a large cement company, Aso Cement. He later entered the Diet and was buddies with Kakuei Tanaka, the Nixonian prime minister of Japan who spent half of his life amassing political capital in Niigata and the other half split between running the LDP from the shadows and fending off prosecution for corruption. (Tanaka’s daughter Makiko is the short-lived foreign minister who called Bush an asshole.)
  • Takakichi’s wife (Taro’s mother) was Shigeru Yoshida’s daughter—Yoshida being the postwar prime minister who set up Japan’s foreign and domestic policy for much of the Cold War era.
  • Yoshida’s wife’s father was Nobuaki Makino, a Meiji-era diplomat and politician; Makino’s father was the famous samurai Okubo Toshimichi.
  • Back to Taro Aso himself: he represented Japan in the shooting events at the 1976 Olympics in Montreal, while still president of the cement company he inherited from his father (he gave it up to run for office in 1978, and now his brother runs the company).
  • He was appointed Minister of Public Management, Home Affairs, Posts and Telecommunications in 2003, and Koizumi apparently likes him, because he’s survived two subsequent cabinet reshuffles.

Now, he’s certainly qualified to be prime minister given the generally low standards that have been accepted historically: take a look at Koizumi’s predecessor, Yoshiro Mori, who greeted Bill Clinton by saying “Who are you?” and went on to screw up the Buddhist rites at Keizo Obuchi’s funeral later that day. Part of me wants Aso to become prime minister because there’s an excellent chance he’ll produce all sorts of hilarious Mori-esque gaffes that will make great blog material.

On the other hand, I love Japan too much to subject its people to this man’s leadership. His gaffes are not silly and laughable like Mori’s, but dark and pitiful, likely to kill what few good relations Japan enjoys with the rest of East Asia. Hopefully the LDP will not be foolish enough to elevate him to the top post; maybe he’s just a foil to make Shinzo Abe look better. We can only hope.

Mr. Toad’s Wild Ride

Even though this post has nothing to do with toads or amusement parks, I chose the title in keeping with the anurian theme of this blog. But boy, wouldn’t this month’s Nikkei 255 make one hell of an exciting coaster ride?

January Nikkei

I smoothed the line just for a more pleasing visual effect, but the bounce back from the “Livedoor Shock” is clearly official. In fact, for the past two days the Nikkei 225 average has closed at highs not seen since September 2000.

Lacking the sophistication to explain the reasons behind this (and having had it correctly pointed out to me over the weekend that I am wont to jump to unsupported conclusions about Japan) I’m going to defer to the opinion of the “professionals” on interpreting this one. Analysts are citing several factors for the latest rally.

First, a nmber of positive economic indicators appear to have improved the confidence of investors. Starting with the labor market, employment data for December showed a marked improvement, with the ratio of job offers to job seekers balancing out at one to one, the highest it’s been since September 1992. The unemployment rate fell an additional 0.2 percent, to 4.4. percent, the lowest level in seven years.

Housing figures also look promising. Starts in 2005 rose for the third strait year, up 4% to 1,236,122.

Industrial production also rose by 1.4% (seasonally adjusted) in December.

Finally, gains by individual companies also seem to have played a roll.

A fall in the yen-dollar exchange rate has been a boon to profits of exporters such as Toyota, Honda and Advantest, all of whom closed higher on Tuesday.

Meanwhile, rising oil prices equal increased profits for companies like Nippon Oil and AOC Holdings, Inc.

Looked at as a whole, all of these figures (except perhaps for the higher oil prices) appear to suggest movement towards a stronger economy – higher corporate profits, more hiring, and increased consumption, etc…

But, while those factors are fine for institutional investors who have the resources to pay anti-social quant jocks to stare at computer monitors all day while mentally multi-tasking the application of Einstein’s general theory of relativity to global securities markets. But what about individual investors? The average Tanaka on the street, punching trades into his cell phone?

Well, in my humble, albeit relatively uninformed opinion, these guys might be basing their investment decisions on this:

Nikkei 225

Now, aren’t you sorry you didn’t buy in last fall?

Japan’s intestinal fortitude

Some of you may have heard the claim that Japanese intestines are longer, or in some other way, different from those of other people. This is of course just one part of the entire school of Nihonjinron (日本人論), or discussions on the uniqueness of the Japanese race/culture/nation/language. Unlike most of the nihongjinron pseudo-science (like Japanese use the opposite side of their brain to process language, etc.) this one sounds at least vaguely plausible. After all, there are all sorts of morpholigical differences between races; hair, skin, facial features, height, and so on. Could it be true?

Continue reading Japan’s intestinal fortitude

The future of China (or, exactly what is realist?)

That Tom Barnett interview I mentioned is creating some dissension within our cousin blog Coming Anarchy.

The authors of CA (correction: two of them), as you might know, are fans of Barnett, but bigger fans of Robert Kaplan (hence the title). Barnett and Kaplan are divided on how the U.S. should deal with China, and their divide really represents two views that are fighting for prevalence in Washington.

Kaplan’s view, which is more in line with official Defense Department policy since the Cold War (and also gets lots of nods on the Japanese right), is that China is an emerging military threat that the U.S. has to contain with ships, airplanes, and missiles. Barnett’s view is that the U.S. has to become partners with China, as the economies of the two countries dictate, rather than let political concerns screw up the countries’ mostly-beneficial symbiosis.

Which view prevails will necessarily determine the future of U.S. policy toward Taiwan. A Kaplan view means that the U.S. has to defend Taiwanese sovereignty at all costs, as a roadblock to Chinese ambition in the Pacific. A Barnett view leads to the U.S. maintaining the status quo in Taiwan until the two countries can be united without force, either through incorporation in a democratic China or as part of a larger EU-style Asian community.

It hurts to admit this, because I’ve been a Taiwan supporter for some time now, but Barnett has a good point. Is it worth it to antagonize China when the U.S. is dependent on China and China is dependent on the U.S.? Wouldn’t it be easier if both countries could focus resources on their own problems, rather than needlessly breathe down each other’s throats? Do we really need to be bracing for World War III right now?

These are all tough questions that Bush and Rumsfeld should be asking themselves. Perhaps the best answer is to do as Barnett advises: maintain the status quo until China and Taiwan have evolved to the point where they can discuss their differences without threatening to lob bombs at each other. I think this is more likely to happen if and when we see closer business ties and more transparent democracy on both sides.