Journal Article |
Favor exchange in collusion: Empirical study of repeated procurement auctions in Japan |
R Ishii |
2009 |
It is known that bid rigging in public-work auctions in Japan often takes the form of exchanging favors. In such a scheme, the winner is designated based on favors he has given to other ring members. By explicitly modeling “favor” as an explanatory variable, this paper analyzes data from the public-works auctions for consulting works in Naha, Japan, to confirm that such a collusion scheme is in operation. |
62 |
Journal Article |
Political lackeys or faithful public servants? Two views of the Japanese judiciary |
FK Upham |
2005 |
(abstract not available) |
62 |
Journal Article |
Political Corruption in Japan. |
SR Reed |
1996 |
Provides an overview of political corruption and its place in Japanese culture and society. Discusses recent scandals and efforts at political reform. These efforts are moving Japan from a "boss-patronage" system to a "civic-culture." Includes a table of post-war Japanese prime ministers and corruption scandals. (MJP) |
60 |
Journal Article |
The police in occupation Japan: Control, corruption and resistance to reform |
C Aldous |
2014 |
Many Western commentators have expressed their admiration for the Japanese police system, tracing its origins to the American Occupation of Japan (1945-52).This study challenges the assumptions that underlie these accounts, focusing on the problems that attended the reform of the Japanese police during the Occupation. Drawing on a wide range of primary sources, Christopher Aldous explores the extent to which America failed in it's goal of 'democratizing' the Japanese police force, arguing that deeply-rooted tradition, the pivotal importance of the black market, and the US's decision to opt for an indirect Occupation produced resistance to reform. His study concludes with a consideration of the postwar legacy of the Occupation's police reform, and touches on a number of recent controversies, most notably the case of Aum Shinrikyo. |
55 |
Journal Article |
Regulation of Insider Trading in Japan |
T Akashi |
1989 |
(abstract not available) |
55 |
Journal Article |
Selective adaptation of WTO transparency norms and local practices in China and Japan |
L Biukovic |
2008 |
This article focuses on the importance of Chinese and Japanese local practices, their regulatory infrastructure and local cultural norms related to transparency as factors in the selective adaptation of the World Trade Organization norms. International laws can acquire a variety of local meanings that require an understanding of the local history and culture in addition to knowledge of the local economy and laws. This article analyzes the selective adaptation paradigm, which allows for a determination of the extent to which noncompliance or less than full compliance can be attributed to the cultural particularities of states political factors such as the relationship between the central and local authorities. This article argues that a shift in perception of regulatory transparency norms in China and Japan has occurred, and that this shift has had important economic and political consequences internally and externally, which has brought about significant administrative law reforms and improved compliance with international norms. |
50 |
Journal Article |
Compensation and performance: the case of Japanese managers and directors |
JS Ang, RL Constand |
1997 |
We investigate empirically the nature of Japanese executives' compensation contracts. The principal issues examined are: the extent Japanese executives are rewarded for performance in the short and long term, the role of unique Japanese governance and control mechanisms such as cross-shareholdings and main banks on the design of the executive compensation contract and the importance of non share value related goals in compensation. Our results indicate that only a relatively small percentage of the group of Japanese executives/directors receives increased compensation from short-term share increases. In the long term, the reward to share performance relationship is more prominent thus providing some indication of the existence of implicit contracts to pursue long-term share value maximization goals. Bonuses, on the other hand, are more related to short-term performance, although their importance diminishes in the long term. This feature of compensation is reasonable given the often transitory nature of short-term performance. However, some surprising results are: (1) the dominant role of sales maximization in setting executive contracts, even in the long term; (2) the highly asymmetric nature of Japanese executive compensation, where increased compensation is given in both years when the firm's market value increases and in years when market value decreases, but sales increase; and (3) lower compensation and market value alignment in recent years when the stock market was declining. |
49 |
Journal Article |
Physicians' conflicts of interest in Japan and the United States: Lessons for the United States |
MA Rodwin , A Okamoto |
2000 |
(abstract not available) |
46 |
Journal Article |
The Japanese judiciary: maintaining integrity , autonomy and the public trust |
JO Haley |
2007 |
Abstract
This paper presents a detailed analysis of the distinctive features of the Japanese judiciary, its structure, and its administration by senior career judges assigned to the General Secretariat of the Supreme Court. The paper describes in detail the career paths of career judges as well as the prevailing pattern of appointments to the Supreme Court, both of which preclude significant political intervention. It argues that Japanese judicial organization, the mentoring and monitoring role of senior judges, and the decisions on promotion and assignment by judicial administrators has resulted in an extraordinary record of judicial integrity and an equally remarkable level of institutional autonomy. These features of the Japanese judiciary in turn help to explain the high level of public trust in the integrity and competence of the judiciary. |
46 |
Journal Article |
The process of whistleblowing in a Japanese psychiatric hospital |
K Ohnishi, Y Hayama, A Asai, S Kosugi |
2008 |
This study aims to unveil the process of whistleblowing. Two nursing staff members who worked in a psychiatric hospital convicted of large-scale wrongdoing were interviewed. Data were analyzed using a modified grounded theory approach. Analysis of the interviews demonstrated that they did not decide to whistleblow when they were suspicious or had an awareness of wrongdoing. They continued to work, driven by appreciation, affection, and a sense of duty. Their decision to whistleblow was ultimately motivated by firm conviction. Shortly after whistleblowing, wavering emotions were observed, consisting of a guilty conscience, fear of retribution, and pride, which subsequently transformed to stable emotions containing a sense of relief and regret for delayed action. It is necessary for nurses to recognize that their professional responsibility is primarily to patients, not to organizations. Nurses should also have professional judgment about appropriate allegiance and actions. |
46 |
Journal Article |
Japan, Korea, the Philippines, China: four syndromes of corruption |
M Johnston |
2008 |
Both generalizations about “Asian corruption”, and claims about greater or lesser amounts of corruption, tend to overlook the many variations existing among and within Asian societies, and among the corruption problems they experience. I suggest that deeper influences in social, political and economic development, and contrasting institutional settings, create four distinctive syndromes of corruption, each with its own set of implications for relationships between wealth and power. Japan is an example of “influence markets” in which private interests buy or rent influence over relatively specific policy outcomes within a strong state. Korea is a case of “elite cartels”, in which collusion and corrupt incentives enable several kinds of elites to cooperate in governing, enriching themselves, and resisting rising political competition. The Philippines is marked by “oligarchs and clans”, with powerful families and their entourages plundering a weak state in a climate of uncertainty and insecurity. China experiences “official mogul” corruption, in which officials abuse state power with impunity, although that process is becoming increasingly fragmented. The four syndromes may help us understand why corruption and rapid growth have coexisted in some, but not all, Asian states for long periods of time, and may also help us understand why some of those states will adapt to new global realities only with some difficulty. They also show how “consensus”-driven reforms emanating from the west may not only be ineffective, but may actually make matters worse. |
44 |
Journal Article |
Above the law? Police integrity in Japan |
DT Johnson |
2003 |
This paper presents data from an ‘integrity survey’ administered to 182 Japanese police officers and compares the results with analogous data from 30 American police departments. Although the survey generated high scores for police integrity in Japan, a recent spate of scandals casts doubt on the results. Moreover, since the mechanisms for exposing misconduct are undeveloped in Japan, police behavior may well be worse than it appears. Three problems of police corruption are especially acute: the embezzlement of money from police slush funds; the corruption endemic in police control over Japan's pachinko industry; and police tolerance of organized crime. The problem of police corruption in Japan is not a matter of a few ‘rotten apples’ but of a failed organization. The challenge, therefore, is how to fix the organization. Significant reform requires conditions which now are absent and seem unlikely to emerge anytime soon. For the foreseeable future, Japanese police seem likely to remain above the law. |
41 |
Journal Article |
Bond underwriting by banks and conflicts of interest : Evidence from Japan during the pre-war period |
M Konishi |
2002 |
Article 65 of the Securities and Exchange Law of Japan, which was carried into effect in 1948, prohibited banks from underwriting corporate securities partially because of the concern that combining the banking and securities businesses might result in a potential conflict of interest. This paper studies the pricing and long-term default performance of industrial bonds underwritten by commercial banks, the Industrial Bank of Japan (IBJ), and trust firms as compared to those underwritten by investment houses during the pre-war period in Japan when banks were allowed to underwrite industrial bonds. The evidence rejects the concern about the conflicts of interest. |
41 |
Journal Article |
Business ethics in Japan |
I Taka |
1997 |
Business ethics in Japan has developed in five stages. Especially in the last stage (in the 1990s), there have appeared two clear-cut trends in business ethics activities: positive and passive. For the rise of business ethics, the passive trend is much more important. Once entered the 1990s, an increasing number of business scandals have been revealed. Because of this, the Japanese business community cannot but help take business ethics much more seriously than it ever has. |
41 |
Journal Article |
Ethical aspects of “Japanese leadership style” |
I Taka, WD Foglia |
1994 |
This article describes three characteristics of the Japanese Leadership Style (JLS): self-realization, appreciation of diverse abilities, and trust in others, which have both positive and negative ethical implications. In addition to illustrating how JLS allows Japanese corporations to avoid some of the ethical problems plaguing U.S. corporations, the authors will explain how these characteristics engender the loyalty and initiative of Japanese employees which promote incremental innovation and competitive advantages. Implicit in this discussion is the premise that both the American and Japanese business communities, by analyzing their own ethical issues and leadership styles, can learn from each other. |
41 |
Journal Article |
Whistleblowing in Japan |
AJ Davis, E Konishi |
2007 |
This article, written from research data, focuses on the possible meaning of the data rather than on detailed statistical reporting. It defines whistleblowing as an act of the international nursing ethical ideal of advocacy, and places it in the larger context of professional responsibility. The experiences, actions, and ethical positions of 24 Japanese nurses regarding whistleblowing or reporting a colleague for wrongdoing provide the data. Of these respondents, similar in age, educational level and clinical experience, 10 had previously reported another nurse and 12 had reported a physician for a wrongful act. These data raise questions about overt actions to expose a colleague in a culture that values group loyalty and saving face. Additional research is needed for an in-depth understanding of whistleblowing, patient advocacy and professional responsibility across cultures, especially those that value group loyalty, saving face and similar concepts to the Japanese Ishin Denshin, where the value is on implicit understanding requiring indirect communication. Usually, being direct and openly discussing sensitive topics is not valued in Japan because such behavior disrupts the most fundamental value, harmony (wa). |
38 |
Journal Article |
Networks of power and corruption : the trade of Japanese used cars to Mozambique |
A Brooks |
2012 |
The trade in used commodities has received limited geographical attention. The global production network (GPN) approach offers a theoretical frame through which to explore how second‐hand goods, such as used cars, are traded internationally. The structure of a trade network and the tensions within it are researched through an inductive empirical GPN method and the embeddedness of powerful actors is related to context specific discourse. This article contributes to the analysis of the links between production and consumption through investigating informal and corrupt economic networks and exploring how a trade flow is embedded in a patrimonial state. The empirical case study demonstrates how used commodities are re‐produced through political and cultural processes. In Japan a strict inspection regime excludes many used cars from the domestic market, some of which are exported via South Africa for sale in Mozambique. Embedded actors, including Pakistani trading families, play key roles in the governance of this international trade network. Corrupt individuals within the Mozambican customs service exert power at the import node to extract rent from this trade network, but the official neoliberal narrative of ‘development success’ in Mozambique constrains space for critique of their actions. Discussing the example of used car imports demonstrates how there are political structures which enable actors to have agency in trade networks and this shows how studies of international commodity flows have to stretch beyond the immediate manifestation of trade networks and chains to capture the dynamics of power relations. |
35 |
Journal Article |
The Dango Tango: Why Corruption Blocks Real Reform in Japan |
WK Black |
2004 |
Japan’s economy has stagnated since the bursting of the twin real estate and stock bubbles in 1990. Construction employment rose after the bubbles burst despite a real estate glut.Systemic corruption is delaying recovery. The key is the dango—Japan’s system of bid rigging, which is pervasive in public construction. The firms rotate who will win the “competitive” bid. The bureaucrats leak the highest price bid that will be accepted in return for favors from the industry and lucrative sinecures when they retire (amakudari—”descent from heaven”). The ruling politicians (the “construction tribes”) get kickbacks and ensure the adoption of enormous public construction programs.The result is that Japanese public and private capital flows are corruptly routed to uses that are not simply inefficient, but outright harmful to society. Pervasive corruption is the primary obstacle to Japanese economic (and environmental) health and political reform. |
34 |
Chapter |
Linking capital and countryside: Patronage and clientelism in Japan, Thailand, and the Philippines |
P Hutchcroft |
2014 |
(abstract not available) |
33 |
Journal Article |
Political corruption and social structure in Japan |
M Iga, M Auerbach |
1977 |
(abstract not available) |
33 |
Journal Article |
The logic of collusive action: the political roots of Japan's Dangō system |
B Woodall |
1993 |
Five conditions must be satisfied for effective and sustained collusive action to occur: a means for determining the composition of the conspiratorial ring, barriers to prevent opportunistic outsiders from undercutting its action, informal devices to ensure compliance, a mechanism for dividing the spoils, and some means of evading or coopting government watchdogs. In this crucial case study, the dangō system—a pervasive network of price-fixing cartels in Japan's public construction market—thrives because it satisfies these conditions. This highly structured system is the logical corollary of a government procurement system that delimits the arena of competition, a leakage-prone ceiling price, widespread reemployment of ex-bureaucrats in the private sector, lax antimonopoly enforcement, and influential patrons in the political world. Politico-institutional rather than cultural factors shape and constrain the relational ties and informal processes of the dangō system. |
33 |
Journal Article |
Managing interests in the Japanese bureaucracy : Informality and discretion |
EB Keehn |
1990 |
(abstract not available) |
31 |
Other |
Corruption through political contributions in Japan |
V Blechinger |
2000 |
Abstract
After a series of corruption scandals shook Japan from 1988-1993, the long-time ruling Liberal Democratic Party (LDP) lost its majority in the Diet in the 1993 elections after 38 years in power. A multiparty coalition took over the government and initiated a package of political reform legislation. The four reform bills introduced a new electoral system, new regulations on political donations, government funding for political parties and a special legal status for political parties. The aim of the reforms was to tighten the system of legal controls, to increase penalties for wrong doing by politicians and to make the flow of money more transparent. The legislation passed the Diet in November 1994 and went into effect a month later. With regard to political contributions, the most important change was that political donations to individual politicians or their personal fundraising organisations were ruled illegal after a transition period of five years, which ended on 1 January 2000. Instead of basing their campaign funds on contributions from the private sector, Japanese Diet members are supposed to rely on their party headquarters and local and regional branches as their main source of funding. To further ensure an independent money base for political parties, these are now entitled to receive government subsidies based on their share of seats in the Diet and on election results. 1.1 Political parties and their financial situation until 1993 The financial situation of Japanese political parties up to the introduction of government subsidies in 1994 can be briefly characterised by a contrast between a stable organisational framework with well-established local party chapters and regular party income on the side of the opposition, and a lack of such structures on the side of |
29 |
Journal Article |
Japan's construction lobby activities–systemic stability and sustainable regional development |
T Feldhoff |
2002 |
(abstract not available) |
29 |
Journal Article |
Images of involvement and integrity : Rhetorical style of a Japanese politician |
SK Maynard |
1994 |
This paper analyzes a political discourse in the Japanese Diet focusing on the testimony given by the former Prime Minister, Noboru Takeshita, on 7 December 1992. Given the fact that Takeshita's rhetorical style—often referred to as Takeshita-go (`Takeshita-speak')—is dubbed as gengo meiryoo, imi fumei (`clear-in-language, unknown-in-meaning'), in this paper I investigate the former Prime Minister's speech style and question what it is that causes his particular style of speech to be characterized as such. I analyze the tape-recorded hearing and identify various pragmatic strategies to achieve `involvement' and `integrity'. These devices include, among others, politeness expression, self-quotation, quotative explanation, repetition, lexical choice and lexical (re-)definition, and strategies to humble oneself. An overall pragmatic strategy that Takeshita-speak favors is juxtaposing different semiotic contexts: the ordinary and the institutional as well as the linguistic and the metalinguistic. I conclude that juxtaposition of semiotic contexts along with involvement and integrity strategies plays a significant role in characterizing Takeshita-speak as `clear-in-language, unknown-in-meaning'. Comments are made regarding the possible universal versus culturally relative nature of the pragmatics of the style, and theoretical implications of this study are suggested. |
28 |