1

Professor Hiroshi Fukurai

Sociology & Legal Studies

337 College Eight

University of California, Santa Cruz

1156 High Street. Santa Cruz, CA 95064 U.S.A.

email:

homepage:

Phone: 831-459-2971; Fax: 831-459-3518

PROFESSIONAL EXPERIENCE:

Professor, Sociology & Legal Studies, University of California, Santa Cruz, 2005—current

Director, University of California Tokyo Study Center of the UC Office of President Education Abroad Program, Mitaka, Tokyo, Japan, 2001–2003

Associate Professor, Sociology & Legal Studies, University of California, Santa Cruz, 1997-2004

Assistant Professor, Board of Studies in Sociology, University of California, Santa Cruz, 1990-1996

Assistant Professor, Department of Sociology, Texas A&M University, 1988-1990

Visiting Scholar, Department of Sociology, University of California, Berkeley, 1987-1988

Visiting Assistant Professor, Department of Sociology, University of California, Riverside, 1987

INTERNATIONAL ACADEMIC POSITIONS:

Visiting Scholar, International Institute for Okinawan Studies, University of the Ryukyu, Okinawa, Japan, (February & March, 2010)

Visiting Professor, School of International Studies, International Christian University, Mitaka, Tokyo, Japan, (July, 2001 – June, 2003)

Visiting Lecturer, Department of English Literature, Senshu University, Kawasaki, Japan, (July, 2001 – February, 2002)

Senior Policy Advisor, Texas A&M University/Koriyama, Koriyama, Japan, (January 1991- December 1993)

EDUCATION:

Ph.D. in Sociology, University of California, Riverside, 1985

M.A. in Sociology, University of California, Riverside, 1982

B.A. in Sociology, California State University, Fullerton, 1979

Certificate in Metallurgical Engineering, National College of Technology, Miyagi, Japan, 1975

PUBLICATIONS

BOOKS (7) & SPECIAL JOURNAL ISSUES (3):

BOOK

  • Japan and the Civil Jury Trials: The Convergence of Forces, 2015, Edward Elgar Publishing (with Matthew Wilson and Takashi Maruta).
  • East Asia’s Renewed Respect for the Rule of Law in the 21st Century: The Future of Legal and Judicial Landscape in East Asia, Brill Academic Publishing, 2015, Brill Academic Publishing (with Setsuo Miyazawa, Weidong Ji, & Kay-Wah Chan).
  • Nuclear Tsunami: The Japanese Government and American Role in Fukushima Disaster, 2015, Lexington Books (with Richard Krooth, and Morris Edelman).
  • Race in the Jury Box: Affirmative Action in Jury Selection. 2003, SUNY Press (with Richard Krooth).
  • Anatomy of the McMartin Child Molestation Case. 2001, University Press of America (with Edgar W. Butler, Jo-Ellan Huebner-Dimitrius, Richard Krooth), translated into Japanese in 2004 by the Japanese Society for Law and Psychology Library (Makuma-chin Saiban no Shinso, Kitaoji Shobo, eds. by Hideo Niwayama & Kaoru Kurusawa).
  • Race and the Jury: Racial Disenfranchisement and the Search for Justice. 1993, Plenum Publishing Corporation (with Edgar W. Butler and Richard Krooth), won the 1994 Human Rights Book Award by Gustavus Myers Center for the Study of Bigotry and Human Rights in North America.
  • Common Destiny: Japan and the United States in the Global Age. 1990, McFarland & Company, Inc. (with Richard Krooth).

SPECIAL JOURNAL ISSUE

  • The Future of Lay Adjudication in Japan and Korea, Yonsei Law Journal (Volume 3, no.1, 2012) (with Valerie Hans).
  • The Resurgence of Lay Adjudicatory Systems, Asian-Pacific Law and Policy Journal, University of Hawaii, William S. Richardson School of Law (Volume 12, Issue 1, 2010) (with Setsuo Miyazawa, Kay-Wah Chan).
  • Introduction to the Special Issue: The Future of Lay Adjudication and Theorizing Today’s Resurgence of Civic and Legal Participatory Systems in East and Central Asia, International Journal of Law, Crime and Justice (Volume 38, Number 4, December 2010) (with Setsuo Miyazawa, Kay-Wah Chan).

MONOGRAPHS (1):

  • Migration to Baja California: 1900-1980. Center for Inter-American and Border Studies, Border Issues and Public Policy, No 26, 1987 (with Edgar W. Butler, James B. Pick, and Suhas Pavgi).

ARTICLES (76):

  • People’s Grand Jury Panels and the State’s Inquisitorial Institutions: Prosecution Review Commissions in Japan and People’s Supervisors in China, 37Fordham International Law Journal, 929 (2014) (with Zhuoyu Wang).
  • Proposal to Establish the Federal Civil Grand Jury System in America: Effective Civic Oversight of Federal Agencies and Government Personnel,Journal of Civil and Legal Sciences, 3: 1-6, 2014 (with Zhuoyu Wang)
  • Okinawa’s Citizen Judge Panels vs. U.S. Military Hegemony: Wikileaks’ Secret U.S. Cable Document on the Lay Adjudication of American Soldier Criminal Cases in Japan’s Saiban-in Trials, 4International Journal of Okinawan Studies, 2 (2014).
  • Success, Failures, and Remaining Issues of the Justice System Reform in Japan: A Step in the Right Direction for Japan's Judicial Reform: Impact of the Justice System Reform Council Recommendations on Criminal Justice and Citizen Participation in Criminal, Civil, and Administrative Litigation,Hastings International and Comparative Law Review, 36: 517-565, 2013
  • Japan’s Lay Judges and Why Australia Should Listen Up, East Asia Forum, June 28, 2012.
  • Seeing is Believing: The Impact of Jury Service on Attitudes Toward Legal Institutions and the Implications for International Jury Reform, 48 Court Review, 124 (2012) (with John Gastil, Kent Anderson, and Mark Nolan)
  • Citizen Participation in Civil Disputes in Japan: Saiban-in Application in Civil Litigation (Shikisha-ga-Kataru: Minji Sosho nimo Shimin Handan-o), Shinsu-Mainichi Shimbun, August 22, 2012; Saga-Shimbun, August 21, 2012.
  • Lay Prosecution of U.S. Military Crimes in Japan by Prosecutorial Review Commissions and the Saiban-in Trial, in Japanese Legal System: An Era of Transition (eds., by Harry N. Scheiber & Tom Ginsburg, 2012).
  • Introduction: Fukushima Daiichi Nuclear Disasters and the Future of Nuclear Energy Programs in Japan and East Asia, 21Pacific Rim Law and Policy Journal, 427 (2012).
  • The Future of Lay Adjudication in Korea and Japan, 3 Yonsei Law Journal 1 25 (2012) (with Valerie Hans)
  • Korea’s Two Key Legal Reforms of Lay Adjudication: The Possible Introduction of the Grand Jury (Japan’s Prosecutorial Review Commission) System and the Possible Elimination of Consent Requirement to Allow Lay Adjudication of American Military Felons in South Korea, 3 Yonsei Law Journal 1 67 (2012) (with Sunsul Park).
  • Late Attorney Shojiro Goto & Wikileaks Information: Back to the Basics & the Movement for the Resurrection of Jury Trial Again (Goto Shojiro Daihyo to Wikiliku Bunsho: Shoshin ni Kaette Baisin Saiban Futatabi) Baishin Saiban (Jury Trial) Baishin Saiban o Kangaeru Kai (Research Group on Jury Trial), 2012, 19: 12-13.
  • Japan’s Quasi-Jury and Grand Jury Systems as Deliberative Agents of Social Change: De-Colonial Strategies and Deliberative Participatory Democracy, Chicago-Kent Law Review, 2011, 86 (2): 789-829.
  • Japan's Prosecutorial Review Commissions: Lay Oversight of the Government's Discretion of Prosecution, University of Pennsylvania University of Pennsylvania East Asia Law Review, 2011, 6:1-42.
  • Popular Legal Participation in China and Japan, International Journal of Law, Crime, and Justice, 2011, 38:236-260 (with Zhuoyu Wang)
  • What Brings People to the Courtroom? Comparative Analysis of People’s Willingness to Serve as Jurors in Japan and the U.S., International Journal of Law, Crime, and Justice, 2011, 38:198-215 (with Richard Krooth)
  • The Future of Lay Adjudication and Theorizing Today’s Resurgence of Civic, Legal Participatory Systems in East and Central Asia, International Journal of Law, Crime, and Justice, 2011, 38:141-148 (with Kay-Wah Chan and Setsuo Miyazawa)
  • Scientific Jury Selection Procedure: Selection of Saiban-in (Kagakuteki Baishin Sennin: Baishin-in (Saiban-in)’s Selection); Jury Consulting (Baishin Konsaruchingu), Keita Ochi, Masahiro Fujita, & Kazumi Watanabe,Ho to Shinrigaku no Jiten (Scholarly Reference to the Law & Psychology), Tokyo, Japan, Asakura Shoten, 2011, 408-409, 414-415.
  • Impact of the Popular Legal Participation on Forced Confessions and Wrongful Convictions in Japan’s Bureaucratic Courtroom: A Cross-National Analysis in the U.S. and Japan, U.S.-China Law Review, 2010, 7:1-18 (with Kaoru Kurosawa)
  • The Resurgence of Lay Adjudicatory Systems in East Asia, Asian-Pacific Law and Policy Journal, 2010, 12:i-xi (with Kay-Wah Chan and Setsuo Miyazawa)
  • People’s Panel v. Imperial Hegemony: Japan’s Twin Lay Justice Systems and the Future of American Military Bases in Japan and South Korea, Asian-Pacific Law and Policy Journal, 2010, 12:95-142.
  • The Establishment of All-Citizen Juries as a Key Component of Mexico’s Judicial Reform: Cross-National Analyses of Lay Judge Participation and the Search for Mexico’s Judicial Sovereignty, Texas Hispanic Journal of Law and Policy, 2010, 16:51-100 (with Richard Krooth)
  • Jury Trial of U.S. Soldier in Okinawa, Editorial, Korea Herald, June 8, 2010
  • World is Watching First Lay Assessor Trial of American Soldier in Okinawa (Sekai ga chumokushita Okinawa beihei saiban), Mainichi Shimbun (Mainichi Daily News), June 25, 2010
  • Establishing Deterrence Against Military Felons in Okinawa Through Lay Adjudication (Beihei hanzai no hadomeni: Okinawa no saiban-in sei ni sekai chumoku), Editorial, Okinawa Times, June 3, 2010
  • Is Mexico Ready for a Jury Trial? Comparative Analysis of Lay Justice Systems in Mexico, the U.S., Japan, New Zealand, South Korea, and Ireland, Mexican Law Review (with UCSC undergraduates Clark Robert Knudtson and Susan Irene Lopez), 2010, 2 (1): 4-44.
  • Comparative Analysis of Popular Legal Participation in Japan and the U.S.: Differential Perceptions of Actual Jurors and College Students on the System of Lay Participation in Law, International Journal of Comparative and Applied Criminal Justice, 2009, 33: 37-59.
  • Legal Psychological Research in the Selection of Lay Participants for Jury Duty (Sennin Tetsuzuki ni okeru Ho Shinrigaku), Okada, Yoshinori, Masahiro Fujita, & Makiko Naka,Saiban-in Seido to Ho Shinrigaku (Japan's Lay Assessor System and the Psychology of Law), Tokyo, Japan, Kyousei, 2009, 82-95
  • Psychology of Law Applied to Saiban-in (Japan’s Jury) Selection (Sennin Tetsuzuki ni oken Ho Shinrigaku), in Saiban-in Seido to Ho Shinrigaku (Japan’s Lay Assessor System and thePsychology ofLaw, eds. by Yoshinori Okada, et al.), 2009, pp. 82-95.
  • Transcommunal Projects to Establish a System of Civic Oversight of the Government: People’s Legal Participation and Power to Check the Government and Its Authority, Transcommunal Cooperation, 2008.
  • Dick Cheney’s Indictment Signals Need for a Federal Civil Grand Jury, UC Santa Cruz News, 2008, December 5.
  • Saiban-in Seido (Lay Assessor’s System), Kensatsu Shinsakai (Prosecutorial Review Commission (PRC)), and Okinawa’s Quest for Self-Determination and Political Sovereignty, Okinawan Journal of American Studies, 2008, 5: 31-42.
  • The Rebirth of Japan’s Petit Quasi-Jury and Grand jury Systems: Cross-National Analysis of Legal Consciousness and Lay Participatory Experience in Japan and the U.S. 2007. Cornell International Law Journal, 40: 315-354.
  • Suggestive Strategies for Japanese Attorneys to Prepare Jury Selection for Quasi-Jury Trials (Amerika bengonin ni motozuku saibanin seido tetsuzuki deno teian). 2007. Hanrei Times (Reports on Case Law), 1252: 22-27.
  • Recommending jury nullification in the deliberation of prosecutorial review commissions (Kensatsu shinsakai deno juri narifikeshon no susume: Kokumin sihosanka ni yoru shakai henkaku to ishiki kaikaku o mosaku suru) Baishin Saiban (Jury Trial) Baishin Saiban o Kangaeru Kai (Research Group on Jury Trial), 2007, 18 4-5,7
  • Possibility of preventing wrongful conviction in Japan's quasi-jury system: Quasi-jurors' evaluations of confession documents and quasi-jurors’ evaluations of confessions (Saiban-in seido ni okeru enzai boshi no kanosei: Jihaku chosho ni kansuru saiban-in no ishiki to nin'i-sei to no shototsu),” 2007.Kikan Keiji Bengo (Quarterly Criminal Defense) Gendai Jinbun Sha 51 88-96
  • Light and shadow of popular legal participation: Cross-national analysis of Japan's prosecutorial review commissions and America (Shimin no shihosanka eno hikari to kage: Kensatsu shinsakai to amerika baishin o toshita shimin shiho sanka no kokusai hikaku). 2006.Kikan Keiji Bengo (Quarterly Criminal Defense) Gendai Jinbun Sha Tokyo, Japan 48 16-20 [ journal article ]
  • Reviews of socio-psychological research on American juries and the applicability to Japan's new quasi-jury system (Amerika baishin ni kansuru shakai shinrigaku risa-chi to nihon saiban-in seido kenkyu eno kanosei to hokosei). 2006.Shinrigaku hyoron (Japanese Psychological Review) Society of Japanese Psychological Review Kyoto, Japan Vol.48, No.3 427-445
  • Structural problems in Japan’s quasi-jury selection process (Sennin tetsuzuki no ryuiten to mondaiten). 2005.Quarterly Criminal Defense JournalGendai Jinbun sha Tokyo, Japan 42 53-57
  • 2004 "Races People Play: The Theory of Racial Identity Transformation," Genbunken (Journal of Contemporary Culture and Society) 80: 20-39
  • Minimizing the Judge's Participation for "Quasi-jury" Deliberation (Saibankan no Kanyo Saishoni ), June 2, 2004, Mainichi Shimbun (Mainich Daily Newspaper)
  • 2003, "Guaranteeing Racially Mixed Juries" Editorial: Open Forum, October 28,San Francisco ChronicleA21(with Richard Krooth)
  • The Regional Formation of Clusters Around University Research Activities (Daigaku wo Kakuni Chiiki Ittaide Sangyou Kasseika wo)March, 2003, Nikkei Shohihsha Keizai Foramu Kaiho (Japan Economic Newspaper: Consumer Economic Journal) 2-3
  • "Embracing Affirmative Jury Selection for the Racial Fairness in the Jury System," Marvin Free, ed. The Case of African Americans,Praeger Westport, CT 239-253, 2003.
  • Checks and Balances Against the Governmental Agencies ("Kokumin no Seifukikan heno chekku ando baransu”), Osamu Niikura, ed. Saibanin Seido ga Yattekuru (Here Comes The Quasi-jury system) Gendaijinbunsha Tokyo, Japan 64-65, 2003.
  • 2003 "Kurasuta Tanjo no Joken: Kafirofunia Daigaku no Ke-su Sutadhi (Pre-conditions for the Creation of Industrial-University Research Clusters: UC Case Studies)" Urban, Sakai Urban Policy Institute 15 76-77 [ journal article ]2002, February 4 "Hatsugenseki: Matareru Saibanin Seido Donyu (Introducing Japan's New Quasi-Jury System)" Mainichi Shimbun (Mainichi Daily Newspaper) 5 [ other ]
  • 2002 "Chekku to Baransu ni Motozuku Nihon Saibanin-Seido no Koso" (Japan's Newly Proposed Quasi-jury System and the Introduction of Checks and Balances into the Japanese Legal System) Ho to Rinri (The Sociology of Law: Law and Ethics) 56 195-215 [ journal article ]
  • 2002 "Hanzai Tosei no Kanosei (The Possibility of Crime Control)," Nihon Hanzaishakaigaku, Dai 29kai Taikai Hokokuyoshishu The 29th Meeting of the Japanese Criminal Sociology Conference14-16 [ other ]
  • "Critical evaluations of Hispanic participation in the Grand jury: Key-man selection, jurymandering, language, and representative quotas," Texas Hispanic Journal of Law and Policy," 2002, 5:7-39.
  • "Where did Hispanic jurors go? Computer graphics and statistical analysis of Hispanic participation in grand juries in California," 2000, Western Criminology Review, vol. 2, n. 2:
  • “Social Deconstruction of Race and Affirmative Action in Jury Selection,” La Raza Law Journal, 1999, 11:17-68.
  • "The representative jury requirement: Jury representativeness and cross-sectional participation from the beginning to the end of the jury selection process," 1999, International Journal of Applied and Comparative Criminal Justice, 23: 55-90.
  • “Is O.J. Simpson Verdict an Example of Jury Nullification? Jury Verdicts, Legal Concepts, and Jury Performance in a Racially Sensitive Criminal Case,” International Journal of Applied and Comparative Criminal Justice, 1998, 22:185-210.
  • "A Quota Jury: Affirmative Action in Jury Selection," Journal of Criminal Justice, 1997, 25:477-500.
  • "Affirmative Action in Jury Selection: Racially Representative Juries, Racial Quotas, and Affirmative Juries of the Hennepin Model and the Jury De Medietate Linguae," Virginia Journal of Social Policy and the Law, (with Darryl Davies) 1997, 4:645-681.
  • "The Ironies of Affirmative Action: UC Students’ Views on Fallacies and Problems of Affirmative Action," California Sociologists, (with eight UCSC undergraduate students) 1997, 24:71-88.
  • "Race, Social Class, Jury Participation: New Dimensions for Evaluating Discrimination in Jury Service and Jury Selection," Journal of Criminal Justice, 1996, 24:71-88.
  • "Sociologists in Action: The McMartin Sexual Abuse Case, Litigation, Justice, and Mass Hysteria," American Sociologist, (with Edgar W. Butler, and Richard Krooth), 1995, 25: 45-72..
  • "Sources of Racial Disenfranchisement in the Jury and Jury Selection System," National Black Law Journal, 1995, 13(3): 238-275..
  • "Management of American University Branch Campuses in Japan: Socio-cultural Problems Faced by Texas A&M University in the Rural Japanese Town," Higher Educational Management Journal, 1994, Vol.6, No.2, pp.227-240.
  • "American Universities in Japan - Success or Failure? A Case Study of Texas A&M University-Koriyama," Current Politics and Economics of Japan (with Yusuke Kataoka), 1993, vol2. no2, pp 85-102.
  • "Ecological Determinants of Divorce: A Structural Approach to the Explanation of Japanese Divorce," Social Biology (with Jon Alston), 1992, 39 (3-4): 257-277.
  • "Negative Social Sanctions, Self-rejection, and Drug Abuse," Youth and Society, 1992 (with Howard Kaplan), 23(3): 275-298.
  • "Computer-Aided Evaluation of Racial Representation in Jury Selection," Computers, Environment and Urban Systems (with Edgar W. Butler), 1992, 16 (2):131-155.
  • "Sources of Neo-Nationalism and Resistance in Japan," Journal of Contemporary Asia (with Jon Alston), 1992, 22(2): 207-223.
  • "Structural Causes of Shantytown Formation in Latin America," Iranian Journal of International Affairs (with Abol Hassan Danesh, Robert Hanneman, and Mohammad Amjad), 1992, 553-578.
  • "A Cross Sectional Jury Representation or Systematic Jury Representation? Simple Random and Cluster Sampling Strategies in Jury Selection," Journal of Criminal Justice, 1991 (with Edgar W. Butler and Richard Krooth), 19: 31-48
  • "Where Did Black Jurors Go? A Theoretical Synthesis of Racial Disenfranchisement in the Jury System and Jury Selection," Journal of Black Studies, 1991 (with Edgar W. Butler and Richard Krooth), 22(2): 196-215.
  • "Japanese Migration in Contemporary Japan: Economic Segmentation and Interprefectural Migration," Social Biology, 1991, 38(1-2): 28-50.
  • "Organization, Labor Force, and Jury Representation: Economic Excuses and Jury Participation," Jurimetrics, 1991 (with Edgar W. Butler), 32 (Fall) : 49-69.
  • "Divorce in Contemporary Japan," Journal of Biosocial Sciences, 1990 (with Jon P. Alston), 22: 453-464.
  • "A Heuristic for Locating a Retail Business in Japan," Journal of Global Business, 1990 (with Jon P. Alston, Yeongi Son, and Minjeong Park), 1 (Summer): 46-52.
  • "Tourism and the Economies of Mexican States," Proceedings of the Business Association of Latin American Studies, Social Science Section, 1989 (With Edgar W. Butler and James B. Pick), 165-171.
  • "Acid Pits and Birth Defects: A Case Study of Stringfellow Acid Pits Dump Site and Congenital Anomalies," International Journal of Environmental Studies, 1988 (with Edgar W. Butler), 32: 151-167.
  • "An Examination of Regional Migration Patterns in Mexico: New and Old Mexican Regions," Genus, 1988 (with James B. Pick, Edgar W. Butler, and Glenda Tellis), 44 (3-4):225-243.
  • "Tourism and the Economies of Mexican States," Proceedings of the American Statistical Association, 1987 (With Edgar W. Butler and James B. Pick), pp.728-733.
  • "An Analysis of Interstate Migration in Mexico: Impact of Origin and Destination States on Migration Patterns," Mexican Studies, 1987 (with James B. Pick, Edgar W. Butler, and Swapan Nag), 3 (Summer): 365-395.
  • "Interstate Migration in Mexico, 1979-80: A Spatial Analysis," Sociology and Social Research, 1987 (with James B. Pick and Edgar W. Butler), 71 (4): 312-322.
  • "Spatial and Racial Imbalances in Voter Registration and Jury Selection," Sociology and Social Research, 1987 (with Edgar W. Butler and Jo-Ellan Dimitrius), 72 (1): 33-38.

Book Chapters (including the reprint) (16):