Wage discrimination based on sex has been a traditional fact in Japanese society. Recently, the actions for equal pay for equal work between two sexes are increasing in number. But, the legal theory for this kind of cases under the wage system based on job evaluations are still not established in Japan. The study of these cases in the United States would give us many suggestions to find a solution for the same kind of problem in our society. Therefore, this article will explore the working of the Equal Pay Act of 1963 in the United States, its interpretations and its mechanics, and will be devoted to an analysis of the tendency of cases under this Act.
1. There are certain limitations in the Equal Pay Act (a short amendment to the Fair Labor Standards Act of 1938). The coverage restrictions and exemptions in this Act provide serious demerits. But, despite its limited coverage and exemptions, this Act inherited enforcement features that were to make its administration move effective than other anti-sex-discrimination legislation proved to be. Most of emoloyers correct violations disclosed by investigations conducted by Wage and Hour Compliance Officers without Court actions. This administractive effects are supported by a litigation system which the Secretary of Labor may bring an action to supervice the payment of the unpaid wages on behalf of employees.
2. The Equal Pay Act provides that an employer having employees subject to a mimimum wage under the Fair Labor Standards Act may not discriminate on the bases of sex within an establishment by paying an employee of one sex at a lower rate than he pays an employee on the opposite sex for doing equal work on jobs requiring equal skill, effort and responsibility which are performed under similar working conditions.
Most questions under the Equal Pay Act are concerned with the meaning of the term "equal work" and whether any of the specified exceptions may apply. In 1970, the decision in Shultz v. Wheaton Glass Co. held that "equal" means "substantially" and that the performance of certain physical duties by males does not render the jobs unequal. The principle established by Wheaton decision have a widespread application to a variety of industries.

抄録全体を表示

The Northwest Ordinance of 1787 expresses the basic attitude of the United States toward the Indians as follows:
"The utmost good faith shall always be observed towards the Indians; their land and property shall never be taken from them without their consent;…"
However, after the long suffering-stories of the Indians, the United States Indian Claims Commission Act of 1946, "hailed as a step which removes a longstanding discrimination against Indians, " provides that the Indian Claims Commission shall hear and determine the claims such as "claims arising from the taking by the United States, whether as the result of a treaty of cession or otherwise, of lands owned or occupied by the claimant without the payment for such lands of compensation agreed to by the claimant;…"
The Indian Claims Commission Act, which is the final settlement of account of the long history of the United States Indian policies in a sense, is explained as follows:
(1) The Formation of the Indian Claims Commission Act
(2) The Structure of the Indian Claims Commission
(3) The Outline of the Cases before the Indian Claims Commission
(4) In Conclusion

抄録全体を表示

When Nansei Shoto was occupied by the United State forces to be separated from the governmental and administrative authority of Japan at the end of World War II, most of the family registers, including copies or abstracts thereof, in Okinawa Islands, except for Amami Islands and Miyako-Yaeyama Islands, had been destroyed by the savages of the war. And the project of recompilation of these family registers had to confront with various problems caused by the discrepancies in family law as well as family register law between Japan and Okinawa. Beside, it had some impact that the law of nationality had been revised in Japan, while Okinawa was being controled by the United States Civil Administration in such manner as analogous to an independent state.
In this article, the writer discusses on the following points; process of recompilation of family registers; problems of this process; manner in which these problems were coped with; characteristics or manipulations of the family register legislation; and feature of cases concerning family registers.

抄録全体を表示

It is long since the Inland Sea ("Setonaikai" in Japan) was called to be shortly before "dead sea". For the purpose of preventing further aggravation of water in the Inland Sea, this Law (Law No. 110 of 1973) provides that three temporary measures shall be taken: 1. Water Pollution Control=cutting COD (Chemical Oxygen Demand) pollution charge by the end of October in 1976 to a half of that in 1972. 2. Regulation of the installment or changes in the structure of a Specified Facility=a licence system, 3. Control of reclamation of a tract from the sea=sufficient care for the environment. The purpose of this article is to give a brief explanation of this Law, to point out some difficulties in it, and to report the present conditions of it. The arthor comes to the conclusion that the status quo of Setonaikai has not proceeded in the direction of improvement, and asserts the radical amendment of this Law, proposing some suggestions.

抄録全体を表示

Doctor Kaino was one of the founders of Japanese Association of Sociology of Law and he taught the sociology of law as professor of the Tokyo Metropolitan University. He then was inaugurated as the first president of the Tokyo Metropolitan Reseach Institute for Environmental Protection and played an important role in the prevention of environmental pollution. He also wrote extensively on legal matters.
In our reports we intend to examine the doctor Kaino's task and methodology of science of law through his accomplishments.

抄録全体を表示

Am 30. März 1974 haben die Einwohner in Nagoya einen Prozeß gegen die Japanische Staatliche Bahn geführt, der das Verbot der Zuführung von aus Tokaido-Shinkansen-Bahn entstehenden Geräusche und Erschütterungen verlangt.
Im Vorbereitungsgang dieses Prozeß waren die Rollen der Juristen (insbesondere Rechtsawälte) nur die technischen Mitwirkungen zu diesem Prozeß. Das Subjekt der Vorbereitung des Prozeß war die Einwohner.
Aber nach der Erhebung der Klage haben die Juristen (die Vertreter der Ankläger) die Einwohnerbewegung tatkräftig unterstüzen gemußt, weil nach der Erhebung der Klage der Verlauf des Prozess mit der Einwohnerbewegung immer enger zusammenhängt.

抄録全体を表示