Researcher Database

（Last updated : 2024-02-08 08:44:25）

YAMADA Yoshihiro

Department / Course College of Law Department of Law

Title / Position Professor

Other Affiliations
1.	Graduate School of Law

Academic background
1.	～2000/03	Doctoral Program (2nd Semester) │ Graduate School, Division of Law │ Nagoya University │ Completed Ph.D. (Law)
2.	～1997/03	Doctoral Program (1st Semester) │ Commercial Law │ Graduate School, Division of Law │ Nagoya University │ Completed LL.M.
3.	1991/04～1995/03	Department of Law │ Faculty of Laws │ Nagoya University │ Graduated

Business career
1.	2007/04/01 ～ 2009/03/31	Associate Professor │ Faculty of Law │ Ritsumeikan University
2.	2006/08/22 ～ 2008/03/31	Visiting Scholar │ Faculty of Law │ the University of British Columbia
3.	2003/04/01 ～ 2007/03/31	Associate Professor │ Faculty of Law │ Ritsumeikan University
4.	2000/04/01 ～ 2003/03/31	Assistant Professor │ Faculty of Economics │ Takasaki City University of Economics

Committee and society
1.	2022/04/15 ～ 2022/11/01	Higher Education Evaluation and Accreditation Council of Taiwan the Reviewer for HEEACT Overseas Program Accredition

Research activities
1.		Japan Association of Private Law
2.		Japan Association of the Law of Trust

Subject of research
1.	(1)Study on the function of the shareholder's derivative suits from the view of comparative law

Research summary
Study on the function of Shareholder Remedies Study on the Corporate Governance In these days, I am concerning about the effect of the negotiation on law-making process. The Corporate Law making from 1997 to 2005 had been under the high pressure of Japanese Federation of Economic Organization. The corporate reforms done from 1997 to 2005 have been weakening the protection of shareholders and creditors against the abuse by managements; but law professors fight back against the industrial world on the doing that corporate reform. Now, Japanese Courts and Financial Services Agencies have been struggling to put up the reasonable protection shareholders, investors and creditors against the managements' abuse. My interests are why law professors were not able to lose the fight, what is the effect of corporate reform on the other law areas, for example, Labor Law or Securities regulations, and what is the reasonable scheme adjusting the conflict between managements and the other stakeholders. =Research theme(1)= Derivative action is the method of allowing shareholders to sue derivatively on their corporation's behalf under some particular conditions. Derivative action mainly performs the two roles: getting the remedies and holding the corporate directors and officers accountable for their actions. However, different jurisdictions have adopted different strategies and different views on what the purpose of a derivative action should be, and different jurisdictions emphasized either of these two roles. In this study, I analyze each jurisdiction's strategy to set un the function of the derivative suits.

Present specialized field
Civil Law (Keyword：Corporate Law, Study on the Duties of Directors, Study on the Legal Structure of Shareholder's Remedies, Liability of the director, Shareholder's Derivative Action)

Papers
1.	2022/03/20	What Is the Criteria for the Court to Grant Shareholders Permission to Call a Shareholders Meeting? │ ,pp.1024-1051 (Sole-authored)
2.	2021/02/24	Directors’ Duties Regarding Climate Change in Japan │ (Co-authored)
3.	2014/04	The Validation of Companies Act's Penal Provision │ (76),pp.124-126 (Sole-authored)
4.	2008/06	Japan as one of the Country Profile │ Janis Sarra ed ,Employee and Pension Claims During Company Insolvency-a Comparative Study of 62 Jurisdictions (Thomson Canda Limited) │ ,pp.301-319 (Co-authored)

Academic conference presentation
1.	2020/02/13	Possibility to arbitrate the disputes concerning shareholders’ claims in Japan (2020 Faculty Symposium, WCL & Ritsumeikan University School of Law)
2.	2014/08/30	Possibility to arbitrate the disputes concerning shareholders’ claims in the situation of Japan (2014 Taipei international Conference on Arbitration and mediation)
3.	2014/02/25	A Rejected plan of the Worker Representation on Corporate Boards (Scholar Exchange between WCL and RitsumeikannSchool of law)
4.	2011/02/24	The continuous legal reform after the transformation of the legal system of Company in the decade from late 1990s to early 2000s; does the structure of Japanese Corporate Governance either change to converge to Anglo-American model or continue unique? (2011 Scholar Exchange between WCL & Ritsumeikan University School of Law)
5.	2009/02/10	Japanese Experience of Developing Shareholder''s Action (Roundtable in the Scholar Exchange Between Ritsumeikan Law Faculty and Washington College of law)
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