Notice to gaijin: The new smart way to get to the city from Narita

By which I’m referring to the new Suica/Narita Express deal. For 3,500 yen, you get a Suica card which provides (1) a one-way trip to anywhere in Tokyo via Narita Express and (2) 2,000 yen in Suica credit which you can spend on just about anything.

Considering that the Narita Express alone usually costs 3,000 yen just to get you to Tokyo Station, this is an incredible deal. The only catch is that you need a foreign passport to get it. (Discrimination!)

Living on the cheap in Tokyo

How to live cheaply in one of the world’s most expensive cities? Well, it really isn’t that expensive unless you want it to be, and I will submit that living a broke life in Tokyo is MUCH better than living a broke life anywhere in America.

Here are some ideas:

Lodging

This is the big kahuna that makes life in Tokyo expensive. If you want a swank apartment in the middle of the city, it might set you back ¥400,000 a month. Fortunately, there are cheaper ways to do things.

  • Best way: seduce someone of your preferred gender who has a nice apartment. If they’re female, they’ll even make you breakfast in the morning! (And if they don’t, find one who will; Japan is a buyer’s market.)
  • Stay with a host family. You get conversation, you probably get meals, and you might even get your laundry done. On the other hand, host families have their drawbacks; you can’t go out partying late at night, and they might turn out to be batshit crazy. (I never had the former problem in high school; I definitely had the latter problem.)
  • Get a place in the middle of nowhere, like a ¥40,000 room in Nishi-nippori located a cool 20-minute bus ride from the Yamanote Line.
  • If you insist on living in the middle of the city, you can ditch your bathroom and live in a 6-mat room 5 minutes away from Shibuya for the same price. Granted, you have to go to a sento to clean yourself up, and your toilet is shared… but still!
  • By the way, Yahoo! Japan Real Estate is an excellent resource for scouting out really cheap places to stay, assuming you know enough Japanese to navigate around. If English is your only language (or if you aren’t staying for a year or so), you might be relegated to the hell that is Sakura House.

Food

  • There are always noodle products, of course, and those sketchy pasta sauces they sell in foil pouches at Don Quijote. Yum!
  • If you want slightly better food, you can live on a diet of convenience store bentos, gyudon and curry for under ¥2,000 a day. Pretty easy, if not all that healthy.
  • If you’re into eating out, my advice would be to get used to having big lunches. Many of the smaller restaurants around the business districts of Tokyo will sell you a massive lunch prepared with good ingredients for ¥1,000 or less. Then you can make your other calories for the day more or less blank.
  • One of the best money-savers out there—as much as it might pain some of you to consider it—is to avoid booze. “What you say! No drinking in Japan? Heresy!” But it’s true: consider that a beer or chuhai will cost you ¥300 even at a cheap place.

Transportation

This one is easy. Ditch the subway and get yourself a bicycle. You might still want to hop on the Metro when it’s raining, but biking around is a great way to see the city, burn some calories and save some money. (I was spending ¥5,000 a month on Metro cards before I got my bike; at ¥10,000 it paid for itself after two nice winter/spring months, although it got pretty unbearable during the summer. If you have a cheap sento near your workplace, go for it! If you work at a sento, double points!) But if you want a convenient yet still an affordable way to reach your destination, it might be worthwhile to research options like a limousine service.

A brief history of lawyers in Japan

Since Roy requested it in an earlier comment, here’s a brief history of the Japanese bar, culled together from various sources (the best being Rabinowitz’s 1953 Harvard Law Review article on the subject).

In this day and age, legal services are necessary when dealing with digital crimes. I found myself reading through emails with legal threats and didn’t know if I was being scammed or genuinely in trouble. Thankfully, I got solid advice after reaching out to https://www.newjerseycriminallawattorney.com/white-collar-crime/internet-crime/, and they broke down exactly what was going on. Their team provided practical steps that helped me avoid a serious misstep, which could have worsened the situation.

c. 1700: Innkeepers in Edo begin offering simple legal services to transient guests, such as preparing documents to present to the shogunate. Over time, these “kujishi” take on more bailiff-like functions, such as effectively imprisoning people who are forced to appear before judges. They have no code of ethics, and actively practice extortion, encourage conflicts of interest and generally mess with their clients to make a quick yen.

1811: The first known reference to European-style lawyers in Japanese literature. They are described as “natural philosophers.”

1854: The second known reference to European-style lawyers in Japanese literature. They are described as “accompanying stupid people to court and writing documents for them.”

1872: The new Meiji government enacts regulations which provide for people to be represented in court by advocates (daigennin). This is the first time that anyone has ever been allowed to represent someone else in a Japanese court. There is no qualification to become an advocate, so the existing kujishi assume the new title and continue in their sleazy ways.

1873: A new regulation comes into effect which requires all court documents to be prepared by a scrivener (daishonin). The scrivener is mandatory but the advocate is not. However, there is no qualification to be a scrivener either, so anyone can do the job, the only restriction being that the scrivener cannot also be the advocate. Nobody is sure why this rule was put into place: one common theory is that the Meiji oligarchs were trying to copy the French system but misunderstood how it worked.

1875: A new position is created for criminal trials: the bengokan. This is sort of kind of like a defense lawyer, except he can’t argue the law: he can only perform factfinding. He can be appointed by the court whenever they decide it’s appropriate.

1876: The government requires an advocate examination before a person can use the title of advocate. The examination is performed on a court-by-court basis, often by judges with no legal training, and is so difficult that only 56 advocates are admitted by 1878. This proves to be not too consequential, because advocates are not given a monopoly on the practice of law: anyone can appear on someone else’s behalf in court, so long as they don’t use the advocate title.

Also in 1876, foreigners are granted the right to counsel in criminal proceedings. Japanese are allowed counsel later in the year, but only with the consent of the Ministry of Justice. However, the Ministry of Justice institutes a policy which says that consent will not be withheld, which makes this sort of like a right to counsel even though it isn’t.

1880: New regulations institute a national examination for advocates, and the new Criminal Code (which takes effect in 1882) provides for a right to counsel in criminal trials. The Tokyo Advocates’ Union (Tokyo Daigennin Kumiai) is formed, which is the first real bar association in Japan.

1893: Finally, we see the profession of attorneys (bengoshi) appear with the passage of the Attorney Act. This statute makes all existing advocates attorneys, and provides that a Japanese adult male may become an attorney if they pass a fiendishly difficult national bar examination, hold a doctorate in law, have served as a judge or prosecutor or have a bachelor’s degree in law from one of the imperial universities. The new law also creates a bar association (bengoshikai) corresponding with the jurisdiction of each district court. Attorneys are strictly limited to courtroom work.

1923: The Attorney Act is revised to eliminate automatic admission for imperial university graduates, and modify the bar association system so that lawyers can form more than one bar association in their jurisdiction. The highly politicized lawyers in Tokyo form a splinter bar association immediately, and a second splinter bar association in 1926, splitting the Tokyo bar into thirds. (More on this in a future post: the political history of the Tokyo bar is an interesting topic but probably too much of a diversion to include here.)

1933: The Attorney Act is overhauled again. Women lawyers are allowed for the first time. The new statute also provides that each bar association must administer a two-year apprenticeship system for newly-minted lawyers. The central government wants to control the apprenticeship process, but decides that the politics in the legal community are too nasty at this point.

1936: Another amendment allows attorneys to provide legal services other than courtroom advocacy.

1946: In the wake of World War II, the government takes over the apprenticeship process (as it originally intended), requiring all lawyers to attend a Legal Research and Training Institute (Shiho Kenshujo) for two years before being admitted. The first set of lawyers to graduate from LRTI are referred to as “the first class” (dai-ichi-ki), and subsequent classes are counted from there. Nowadays, attorneys establish seniority among each other by stating their LRTI class number. The 60th class entered in 2006.

1949: A new Attorney Act is passed. The bar associations become independent (they were previously answerable to the Minister of Justice) and are organized into the Japan Federation of Bar Associations (Nichibenren). Foreign attorneys are also expressly allowed to join the Japanese bar as quasi-members (see this post). Another new statute replaces the old profession of scriveners with judicial scriveners (shiho shoshi).

1951: Yet another profession, “administrative scrivener” (gyosei shoshi), is created by statute. These are essentially lawyers who are limited to civil matters and government filings. They do visa applications, DMV paperwork and other thankless legal tasks that don’t merit the higher pedigree of an attorney.

1955: The system of admitting foreign attorneys is repealed. The existing quasi-members are pretty much the only foreign lawyers allowed to practice in Japan for the next 30 years or so.

1972: The US occupation of Okinawa ends, and Japan regains control of the legal system there. Lawyers practicing in Okinawa, including a handful of foreigners, are grandfathered in as Japanese lawyers.

1977: The Legal Research and Training Institute receives its first non-Japanese trainee, a Korean national. Although the Supreme Court initially denies him admission, they relent after a few months of negotiations, opening the floodgates to people of any nationality who want to become attorneys. (However, the low passage rate on the bar exam doesn’t really invite a flood.)

1987: After years of lobbying by American and European trade groups, Japan opens its legal services market to foreign attorneys and law firms by allowing foreign attorneys with five years of practicing experience to qualify as foreign legal consultants (gaikokuho jimu bengoshi). (The requirements to become a gaiben have been weakened over the years, and many foreign attorneys now practice in Japan without the qualification, although it’s still required to open a branch of a foreign law firm.) Many of the largest multinational law firms rush to open offices in Japan.

1998: Foreign lawyers are allowed to form joint ventures with Japanese lawyers for the first time. The multinational firms start snapping up Japanese lawyers, forcing high-end Japanese law firms to merge so as to keep up. In 2000, the firms of Nagashima Ohno and Tsunematsu Yanase merge to form Nagashima Ohno & Tsunematsu, the first Japanese law firm with more than 100 attorneys. By 2007, there are four firms with over 200 attorneys: Nagashima, Mori Hamada & Matsumoto, Anderson Mori & Tomotsune and Nishimura & Partners.

2002: Attorneys are allowed to form professional corporations for the first time, making it possible to create a more-or-less permanent law firm rather than a more transient partnership.

2004: Japan decides to copy the American system of legal education, creating two parallel systems for admission as a lawyer. As of 2007, you can either go in on the “old exam” track, which only requires you to pass the fiendishly difficult exam, or you can go in on a “law school” track, which requires three more years of education but allows you to take a less fiendishly difficult exam.

2010: The old bar exam will be administered for the last time. From 2011 onward, only the new bar exam will be offered. However, prospective attorneys will still be able to waive the law school requirement by taking a “preliminary exam.”

Tokyo bridges and their late German relatives

If you want to get a glimpse of the Weimar Republic, one way to do it is by visiting Tokyo and walking along the Sumida River. There, you can see two famous bridges inspired by German bridges that didn’t manage to outlive the Third Reich.

Eitaibashi

Eitaibashi (“Long Reign Bridge”) is one of the most famous bridges in Tokyo, and rightfully so. It crosses the Sumida River close to what would naturally be Tokyo Bay, were it not for Odaiba and all the other little islands built up there over the last few decades.

Back in the days of old Edo, Eitaibashi was a sharply arched wooden bridge, as captured in this classic woodblock print by Toyoharu Utagawa. This first bridge was built in 1698 to commemorate the 50th birthday of the fifth Tokugawa shogun, Tokugawa Tsunayoshi. It was a Big Deal at the time, because the only other way to cross the river was by ferry.

The Tokugawas planned to dismantle the bridge in 1719, but the locals on the east side (the opposite side from central Edo) were so adamant on keeping the bridge that they agreed to take over the bridge themselves. This proved to be a bad idea, because the bridge collapsed in 1807 under the weight of travellers trying to get to the Tomioka Hachimangu shrine on the east side. 1,500 people died.

Although the later Tokugawas discussed building a second Eitaibashi, the Meiji Restoration put a hold on their plans, and the new bridge was not built until 1897. It was the first iron bridge in Japan, although much of it was made of wood. This also proved to be a bad idea, because the Tokyo earthquake of 1923 tore the wood apart and ruined the second bridge.

So the third and final Eitaibashi, constructed almost immediately after the earthquake, was built entirely of iron. It was modeled after the Bridge at Remagen on the Rhine River in Germany. This wasn’t a bad idea per se, although the Bridge at Remagen was itself ill-fated: the Germans blew it up to stop Allied troops from crossing into central Germany, inspiring a Hollywood production in the process.

Anyway, the third Eitaibashi is (perhaps miraculously) still intact. Its sky-blue paint job makes it not particularly picturesque during the day, but its lighting at night is downright gorgeous. The lights turn off around midnight, much like the Tokyo Tower’s.

Kiyosubashi

Kiyosubashi (“Pure Cay Bridge,” named after the adjoining districts of Kiyosumi and Nakasu), just up the river from Eitaibashi, is equally famous, although it’s more picturesque during the day thanks to its lovely blue paint job. It was also built right after the Tokyo earthquake of 1923, although it had no predecessor in that location since “central Tokyo” was not quite as big in those days.

The inspiration for Kiyosubashi was the old Mülheim Bridge in Cologne, not far from the Bridge at Remagen. Ironically, the Mülheim Bridge was also blown up, just days before the Remagen Bridge. This was only partially intentional. The Germans had set up explosive charges on the Mülheim so they could blow it up if the Allies began to cross. Then, before the Allied troops were even close to the bridge, a bomb went off near the bridge. The strengh of this bomb wasn’t enough to damage the bridge, but it was enough to set off the charges on the bridge, thus causing the Germans to suffer the ignominy of accidentally destroying their own bridge. A more modern, utilitarian Mülheim Bridge was built after the war and completed in 1951.

How to be friendly, Japanese-style

How to greet peopleCurzon and I stumbled across this sign in a tiny village while hitchhiking across the Shimokita Peninsula in Aomori last summer. Roughly translated it says:

GREETING CAMPAIGN

  • Good morning!
  • Good day!
  • Good evening!
  • Good job!

Kids and adults! Let’s work on greeting each other!
Kawauchi Community Center

Naturally, the few elderly people we saw in this village gave us puzzled stares as we passed through, leading me to believe that this sign was just there for decoration, kind of like a speed limit.

More kabuki in the House

This time, it’s being reported in this piece of syndicated commentary by William Lind.

You can almost hear [the House Democrats’] glee as they offer the anti-war voters who gave them their majority one of Washington`s oldest dodges, ‘requirements’ the Executive Branch can waive if it wants to.

The kabuki script currently goes like this. Congressional Democrats huff and puff about ending the war; the White House and Congressional Republicans accuse them of ‘not supporting the troops;’ and the Democrats pretend to be stopped cold, plaintively crying that ‘Well, we all agree we have to support the troops, don’t we?’

‘Supporting the troops’ is just another dodge. The only way to support the troops when a war is lost is to end the war and bring them home.

I guess “theater” doesn’t sound exotic enough to suit a Beltway hack.

The crime of abortion in Japan

While doing some research work for a local professor of Japanese law, I came across an interesting statistic: there was one arrest in 2003 for the crime of abortion. This piqued my interest, so I decided to go off on a little tangent and figure out what this crime entails. Here’s my Americanized translation of the Criminal Code:

Chapter XXIX. Crime of Abortion

§ 212. Abortion. A pregnant woman who commits an abortion using pharmaceuticals or another method shall be subject to imprisonment of no more than one year.

§ 213. Consensual Abortion; Death or Injury Thereby. A person who causes an abortion while employed by a woman, or with her consent, shall be subject to imprisonment of no more than two years. A person who kills or injures the woman thereby shall be subject to imprisonment of no less than three months and no more than five years.

§ 214. Abortion In The Course Of Practice; Death or Injury Thereby. A doctor, doctor’s assistant, pharmacist or seller of pharmaceuticals who, while employed by a woman or with her consent, causes an abortion shall be subject to imprisonment of no less than three months and no more than five years. A person who kills or injures the woman thereby shall be subject to imprisonment of no less than six months and no more than seven years.

§ 215. Non-Consensual Abortion. A person who causes an abortion without being employed by a woman or without her consent shall be subject to imprisonment of no less than six months and no more than seven years.
2. A failed attempt of the above crime shall also be punished.

§ 216. Death Or Injury By Non-Consensual Abortion. A person who kills or injures a woman through the commission of the above crime shall be judged as having committed either the above crime or the crime of mayhem, whichever is more serious.

Abortion was legalized in 1948, decades after the Criminal Code was enacted. Some characterize this as a victory of an emerging feminist movement in Japan, but the truth is a bit darker, and pretty darn obvious from the abortion statute’s original title: the Eugenic Protection Act (優生保護法). Its stated purpose: “To prevent the birth of progeny which are undesirable from a eugenic standpoint, while protecting the life and health of mothers” (優生上の見地から不良な子孫の出生を防止するとともに、母性の生命健康を保護すること).

Certainly attitudes were different back then. This was at the peak of the Japanese government’s long-running policy to prevent people with leprosy from procreating. Under this policy, “male patients had to be vasectomized before they were allowed to marry, and female patients were enforced to have abortion and even infanticide.”

In 1996, the statute was given a new name: the Mother’s Body Protection Act (母体保護法). It’s been clipped and amended so many times that it’s hard to parse, but basically the rules are:

  • Abortion becomes absolutely illegal at the point when the fetus is viable outside the uterus. (Technically, this is because the abortion statute ceases to apply at that point, and the Criminal Code takes over.) The Health Ministry decides when viability occurs, and has changed its mind on the subject several times. Its current verdict is after 23 weeks (props to Japanese Wikipedia for providing an easy link).
  • Abortion must be performed by a doctor specially licensed by the prefectural government.
  • Abortion can only be performed:
    1. When the health of the mother would be threatened, either physically or economically (define the latter yourself), by carrying the child to term, or
    2. When the child was conceived through violence or intimidation, or
    3. When the child was conceived through fornication, and at a time when the mother was unable to resist or reject the advance.

This is all very interesting to someone who comes from the land of Roe v. Wade and the notion that abortion is a right. But then again, you can kind of see the loophole-ability of the abortion law. How easy must it be for the mother to lie about the circumstances surrounding the conception? And how many mothers could invoke the economic harm provision?

I’ll leave you with some factoids from a medical journal abstract on the subject:

In one case in 1988, when the fetus of a 16-year old girl was aborted in the 25th week of pregnancy and left unattended although alive, the doctor was indicted and punished, although the probability of survival of the child was estimated at about 50%.

Since 1955, when the abortion rate was the highest (about 1,150,000 abortions), the number has been decreasing steadily. In 1991 the abortion rate was 13.9/1000 women of reproductive age (15-50 years); however, great differences existed between prefectures (6.4-26.0/1000).

It is alarming that the rate of abortions has increased among women under 20 years of age and at later phases of gestation. … Unquestionably, the abolition of the requirement in 1952 mandating that the abortion seeker undergo an examination by two doctors has liberalized the abortion law. However, many young pregnant women who need help do not get adequate support and counseling and may end up in prostitution.

JAL joins oneworld. Yawn

On April 1, Japan Airlines is joining the oneworld airline alliance, whose largest members include American Airlines, British Airways, Cathay Pacific and Qantas.

This is not really news, because JAL has been in the process of joining oneworld for years. They just happened to run into a number of issues, chief among them an oddly-structured merger with JAS, and barely compatible booking systems that required an overhaul of how JAL sells its tickets. (ANA, on the other hand, has been an integral member of the Star Alliance for years now with no major issues. Not to mention a much better safety record.)

Anyway, the main effect of the JAL-oneworld consummation is that you can include JAL on one of oneworld’s special round-the-world-type tickets. All the other benefits (frequent flyer mile sharing, code sharing, lounge sharing, etc.) were already more or less in place.

Nonetheless, JAL took out a full-page ad in US FrontLine, one of the weekly Japanese tabloids published in the US, to announce how totally awesome this transaction is. Opening line: “JAL’s New World Begins!”

Who are they kidding? I’m really into the airline industry, and I’m freaking yawning here. Get a life, JAL. The rest of us already defected to Star Alliance.

The last of the “junkaiin”

Practicing law as a foreigner in Japan is riddled with regulatory issues. Technically, you’re not supposed to handle legal cases unless you’re admitted to the Japanese bar. And while you can be admitted to the Japanese bar by virtue of being a lawyer in a foreign state, you become a gaikokuho jimu bengoshi or “foreign law attorney,” and you’re only technically allowed to advise on your home state’s law.

This wasn’t always the case. Until the late 1950s, a foreigner could be admitted to practice law in Japan by becoming a junkaiin or “quasi-member” of the bar association, which required special permission from the Supreme Court, but gave the foreign lawyer all the privileges of a Japanese lawyer. The junkaiin admitted at the time of the system’s abolition were the only foreigners allowed to practice law in Japan until the mid-80s (with the exception of Thomas Blakemore, a nutter who managed to pass the bar exam in Japanese).

There are only four junkaiin still alive today. Last time I checked last year, there were six! So we’re watching an interesting piece of legal history fade away with time. Here are the four who are still around to tell their stories:

JAMES ADACHI

James Shogo Adachi (photo, right) is a partner in the Tokyo law firm of Adachi, Henderson, Miyatake & Fujita. It looks like a small firm, as it only has four attorneys at present, but it has trained many of the top corporate and commercial lawyers working in Japan today (including the managing partner of the firm where I once worked).

Adachi was president of the American Chamber of Commerce in Japan in the early 1970s. Now, he is essentially retired and lives in San Francisco.

His late wife Barbara (who died in 2005) is also an interesting figure. She was born in Harbin before the war, as her father was managing Citibank’s operations there, and she spent most of her youth in prewar Tokyo, leaving for college in the US just in time to miss World War II. She came back in 1946 to work for the occupation government and stayed in Tokyo until her death, becoming prominent in the local foreign women’s community. She was also a bunraku (traditional puppet theater) fan, and donated a massive bunraku library to Columbia University.

FRANCIS SOGI

Francis Sogi (pictured with his wife Sarah) is a first generation Japanese-American born in Hawaii. He entered the University of Hawaii shortly before World War II broke out: while his ROTC unit was pulled into active service, he was almost deported from Hawaii before he volunteered to stay in the Army. He was in Army Intelligence for the duration of the war, and then completed his business degree at Hawaii and a law degree at Fordham.

Sogi is a “lifetime partner” in the law firm of Kelley Drye & Warren, which seems to practically mean that he retired from the firm on good terms (he’s no longer listed in active practice there). Most of his career was in New York, but he qualified as a junkaiin and still holds that status today. He maintains an office in Kioicho, Tokyo, which has the somewhat awkward name of “Sogi Foreign-Qualified Attorney Law Office” (蘇木外国弁護士資格者法律事務所). He’s a very charitable fellow, a big figure in the Japanese-American community and a major benefactor of the University of Hawaii.

RICHARD RABINOWITZ

Richard Rabinowitz is currently a part-time advisor to Tozai Sogo Law Offices, a smallish firm in Kioicho that handles international litigation and commercial work.

He studied Japanese during World War II, went to Yale Law School after the war, was admitted in Japan in 1953 and co-founded the law firm of Anderson, Mori & Rabinowitz. Although Anderson Mori was initially run by Americans (Mori was a Japanese-American), all three name partners left by the end of the decade and the firm was taken over by Japanese lawyers. Following its merger with Tomotsune & Kimura it became Anderson Mori & Tomotsune, and is now one of the largest law firms in Japan, with offices on top of the Izumi Garden Tower in Tokyo. (It’s also known as one of the least hospitable work environments for foreign lawyers in Tokyo: the “NOVA” of law firms, if you will.)

After departing from Anderson Mori, Rabinowitz obtained a Ph.D. from Harvard, in the course of which he wrote the first comprehensive English article on the Japanese bar. He was later admitted to the bar in South Korea (although I have no clue how), and taught for several semesters at Harvard and Yale.

REINHARD EINSEL

Reinhard Einsel is an intellectual property specialist at Kawamitsu & Einsel, a firm in Okinawa.

He was admitted to practice law in Okinawa in 1965, when the islands were still occupied by the US, and was grandfathered in as a Japanese junkaiin when Okinawa was returned to Japan in 1972. (There are only eleven other practicing lawyers who joined the Japanese bar as a result of the Okinawa handover, and all of them are Japanese.) So Einsel has the advantage of being slightly younger than his counterparts on the mainland, and will probably be the last of the junkaiin because of the unique way he came into the system.