Abstract

 


 



Human Flotsam, Legal Fallout: Japan's Tsunami and Nuclear Meltdown


Robert B. Leflar


University of Arkansas School of Law

Ayako Hirata


University of California, Berkeley - Jurisprudence and Social Policy Program

Masayuki Murayama


Meiji University - School of Law

Shozo Ota


University of Tokyo - Faculty of Law

March 18, 2012

Journal of Environmental Law & Litigation, Vol. 27, pp. 107-124, 2012

Abstract:     
We report on our field research in Fukushima Prefecture in July 2011. We interviewed legal professionals and community leaders in Fukushima City and in towns inundated by the March 2011 tsunami and within a few kilometers of Fukushima No. 1 nuclear reactor.

We catalogued many of the extensive variety of problems faced by Fukushima residents, both evacuees and those who remained in their homes. Many of these problems, both legal and non-legal, arose from government actions as the disaster unfolded and afterwards, including the administration of the initial program for provisional compensation for disaster victims.

We learned that in the wake of disaster, legal professionals (attorneys and shihō shoshi, a class of professionals with limited licenses) play a wide variety of roles in disaster recovery assistance: as listeners, general information providers, problem identifiers, general counselors, legal counselors, advocates on behalf of disaster victims, coordinators in relief efforts, and planners for recovery measures. We give examples of each, drawing on our interviewees’ experiences.

Number of Pages in PDF File: 18

Keywords: Japan, nuclear disaster, lawyering skills, compensation systems, disaster recovery, earthquake, tsunami, ADR, client counseling

JEL Classification: K13, K32, K40, L94, L98, N45, Q48, I18, I31, J28, H53, D62, D63, D73

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Date posted: March 20, 2012 ; Last revised: March 22, 2013

Suggested Citation

Leflar, Robert B., Hirata, Ayako, Murayama, Masayuki and Ota, Shozo, Human Flotsam, Legal Fallout: Japan's Tsunami and Nuclear Meltdown (March 18, 2012). Journal of Environmental Law & Litigation, Vol. 27, pp. 107-124, 2012. Available at SSRN: http://ssrn.com/abstract=2025761

Contact Information

Robert B. Leflar (Contact Author)
University of Arkansas School of Law ( email )
1045 W. Maple St.
Fayetteville, AR 72701
United States
479-575-2709 (Phone)
479-575-2053 (Fax)
Ayako Hirata
University of California, Berkeley - Jurisprudence and Social Policy Program ( email )
Berkeley, CA 94720-7200
United States
Masayuki Murayama
Meiji University - School of Law ( email )
1-1 Kanda-Surugadai
Tokyo, 101-8301
Japan
Shozo Ota
University of Tokyo - Faculty of Law ( email )
7-3-1 Hongo Bunkyo-Ku
Tokyo, 113
Japan
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