KINDAI UNIVERSITY


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TSUCHIYA Takatsugu

Profile

FacultyDepartment of Law / Graduate School of Law
PositionVice President
Degree
Commentator Guidehttps://www.kindai.ac.jp/meikan/44-tsuchiya-takatsugu.html
URL
Mail
Last Updated :2020/09/30

Education and Career

Education

  • Kindai University
  • Kindai University, Faculty of Law
  • Kindai University
  •  - 1998 , Kinki University, Graduate School, Division of Law
  •  - 1988 , Kinki University, Faculty of Laws

Academic & Professional Experience

  •  - 現在, The Research Institute of Human Right, Kindai University
  •  - 現在, Faculty of Law, Department of Law, Kindai University
  • Faculty of Law, Department of Law and Policy, Kindai University
  • Faculty of Engineering, Department of Electronic Engineering and Computer Science, Kindai University
  • Faculty of Engineering, Department of Electronic Engineering and Computer Science, Kindai University
  • Correspondence Education, Kindai University

Research Activities

Research Interests

  • Comstitutional Law

Published Papers

  • Due Process Clause of the United States Constitution and Judicial Recusal Reform, TSUCHIYA Takatsugu, 42(1), 1 - 29, Jul. 2018
  • Book Review:Disqualifying The High Court:Supreme Court Recusal and The Constitution, TSUCHIYA Takatsugu, 2017(2), 257 - 263, Jul. 2018 , Refereed
  • Congressional Constitutional Interpretation and the Courts in the United States, TSUCHIYA Takatsugu, Mar. 2018
  • Case Note:Williams v. Pennsylvania,136 S.Ct.1899(2016), TSUCHIYA Takatsugu, 2017(1), 129 - 133, Oct. 2017 , Refereed
  • Congressional Investigatory Power and Executive Privilege in the U.S., TSUCHIYA Takatsugu, 64(2), 1 - 68, Nov. 2016
  • Case Note:Williams‐Yulee v. The Florida Bar,135 S.Ct.1656(2015), TSUCHIYA Takatsugu, 2016(1), 134 - 139, Sep. 2016 , Refereed
  • the Development of the Judicial Discipline System in the U.S., TSUCHIYA Takatsugu, the law review of Kinki University, the law review of Kinki University, 62(3・4), 1 - 41, Mar. 2015
  • Book Review:G.Alan.Tarr, Without Fear or Favor: Judicial Independence and Judicial Accountability in the State, TSUCHIYA Takatsugu, 2013(2), Jun. 2014 , Refereed
  • U.S.Congress and the Judicial Discipline System, TSUCHIYA Takatsugu, (2008-2), Sep. 2009 , Refereed
  • U.S.Congress and the Development of the Judicial Discipline System, Mar. 2008
  • Congressional Investigation and the Privilege against Self-Incrimination, Tsuchiya Takatsugu, Kinkidaigaku hogaku : the law review of Kinki University, Kinkidaigaku hogaku : the law review of Kinki University, 55(2), 37 - 63, Sep. 2007
  • Congressional Investigations of Judges in the United States, Tsuchiya Takatsugu, Kinkidaigaku hogaku : the law review of Kinki University, Kinkidaigaku hogaku : the law review of Kinki University, 54(3), 410 - 386, Dec. 2006
  • Judicial Disqualification in the Supreme Court of the United States, Tsuchiya Takatsugu, Kinkidaigaku hogaku : the law review of Kinki University, Kinkidaigaku hogaku : the law review of Kinki University, 54(2), 302 - 275, Sep. 2006
    Summary:本文データは, CiNiiから複写したものである。
  • CASE NOTE : Doe v. George W.Bush, 323 F.3d 133 (1st Cir.2003), (35), 65 - 74, Dec. 2005
  • Comparative studies of the judicial discipline in Japan and the USA, Tsuchiya Takatsugu, The Japanese journal of law and political science, The Japanese journal of law and political science, 40(2), 73 - 87, A11, May 2004 , Refereed
    Summary:This article examines the judicial discipline systems in Japan and the USA. Part 1 provides the practical and theoretical problems of our procedures that are demonstrated in recent cases,such as Fukuoka High Court judge case(200l) and Tokyo High Court Judge case(200l).In the USA,serious questions have been raised about Congress's ability to deal adequately with the rise in judicial impeachment.Then part 2 analysis the federal impeachment power of the U.S.constitution and the discipline system of the federal statute,the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980.In conclusion,this article consists that the need to develop comprehensive judicial reform strategies including the judicial discipline.
  • Rethinking Judge Impeachment Process in Japan, Tsuchiya Takatsugu, Kinkidaigaku hogaku : the law review of Kinki University, Kinkidaigaku hogaku : the law review of Kinki University, 50(2), 239 - 271, Jan. 2003
  • Constitutional Basis of US Congress Power to Approve International Agreements, Tsuchiya Takatsugu, The Review of legal and political sciences, The Review of legal and political sciences, 38(1), 173 - 194, Nov. 2001
    Summary:The United States Constitution gives the President the power to make treaties with the advice and consent of the Senate (Art.II, Sec.2, Para.2). The Senate approves a treaty with the concurrence of two-thirds of the Senators present. By adopting such a system, the Framers intended to restrain the presidential treaty-making power and protect the states' interest. The Framers' intent to restrain the presidential treaty power was undeniably respected until the Senate refused to give its consent to the Treaty of Versailles. However, since the Senate's rejection of the Treaty of Versailles, criticism that the Senate's monopoly of the consenting power is not only undemocratic and inefficient, but also unfitting in the age of internationalization has been constantly raised. At present, many of the United State's international agreements with foreign governments are concluded with the approval of the majority of both Houses of the Congress. Such an international agreement is called a congressional-executive agreement. It covers almost all fields, such as affiliation with international organizations, conclusion of economic and military agreements, etc., which fall within the sphere of the treatymaking power. Moreover, its legal validity is regarded the same as that of a treaty internationally and internally. Therefore, a congressional-executive agreement is said to be an alternative to a treaty. The Constitution has no provision to empower the Congress to approve an international agreement. Nevertheless, Congress' power to approve an international agreement has been under discussion from the beginning, and when the United States tried to join the WTO, vehement controversy arose with respect to the constitutionality of the congressional-executive agreement. This problem has drawn further attention since the Senate failed to give its consent to the CTBT. Scholarly views on this issue are roughly divided into two. One is that the Congressional powers enumerated in art.I, Sec.8 including the necessary and proper clause support the constitutionality of a congressional-executive agreement. The other is that it is clearly unconstitutional in the light of the words and construction of the constitutional provision in Art.II, Sec.2, and Para.2. So far, the US Supreme Court has not handed down its judgment on the constitutionality of a congressional-executive agreement, and so this problem is not legally settled. This paper will examine how the Senate's power of consent has been changing and study the significance and constitutionality of a congressional-executive agreement as an alternative to a treaty.
  • Constitutional Limits on Congress's Power to Legislate Intellectual Property in the United States, TSUCHIYA Takatsugu, Annual report, Kinki University Faculty of Engineering Department of General Education, Annual report, Kinki University Faculty of Engineering Department of General Education, (29), 39 - 59, Dec. 1999
  • U.S. Congressional Spending Power and Federalism : Special Reference to the Constitutionality of Conditional Federal Spending, Tsuchiya Takatsugu, Kinkidaigaku hogaku : the law review of Kinki University, Kinkidaigaku hogaku : the law review of Kinki University, 47(1), 77 - 103, Sep. 1999
  • Constitutional Limits on the Taxing Power of the U.S. Congress, Tsuchiya Takatsugu, Kinkidaigaku hogaku : the law review of Kinki University, Kinkidaigaku hogaku : the law review of Kinki University, 46(1), 109 - 134, Oct. 1998
  • The Changing Nature of the United States Senate' Treaty Consenting Power-special reference to the Rise of Congressional-Executive Agreements-, Tsuchiya Takatsugu, Kinkidaigaku hogaku : the law review of Kinki University, Kinkidaigaku hogaku : the law review of Kinki University, 44(3), 77 - 102, Mar. 1997
  • The Impeachiment Power of the U.S.Congress and Judicial Review, TSUCHIYA Takatsugu, (26), 63 - 94, Aug. 1995 , Refereed

Conference Activities & Talks

  • U.S.Congress and the Judicial Discipline System, TT600109,   2008 09 , 招待有り
  • Congress and Judicial Discipline System,   2008 05
  • Judicial Reviw of the Bush Administration's foreign Power, TSUCHIYA Takatsugu, TT600109,   2004 12
  • Foreign affairs power and the U.S. constitution, TT600109,   2003 12
  • Development of judicial disciplime system in U.S.,   2002 10
  • Constitutional Basis of Congressional Approval Power to International Agree-ments, TT600109,   2001 06
  • Constitutional Basis of US Congress Power to Approve International Agreements, TT600109,   2000 09
  • Judicial Impeachment System in Japan, TSUCHIYA Takatsugu, TT600109,   2000 09
  • Impeachment System in The U.S., TT600109,   1999 09
  • Constitutional limits of the U.S House's Rule Making Power, TT600109,   1998 06
  • U.S. Congress's Impeachment Power and Judicial Revew, TSUCHIYA Takatsugu, TT600109,   1995 12

Misc

  • Casenote:Caperton v.A.T.Massey Coal Co.,556 U.S.868(2009), 213, 130, 131,   2012 12 , http://www.yuhikaku.co.jp/books/detail/9784641115132
  • CASE NOTE : Representative Dennis Kucinich, TSUCHIYA Takatsugu, Annual report, Kinki University Faculty of Engineering Department of General Education, 34, 11, 21,   2004 12 , http://ci.nii.ac.jp/naid/110004678168
  • NOTE : Public Law Perspective of Japanese Intellectual Property Law, TSUCHIYA Takatsugu, Annual report, Kinki University Faculty of Engineering Department of General Education, 33, 33, 67, 76,   2003 12 20 , http://ci.nii.ac.jp/naid/110000968739
  • Case Note: Made in the USA Foundation v. United States, 56 F. Supp. 2d (N. D. Ala. 1999), 2001-1, 185, 190,   2001 07 , http://www.kichi.j.u-tokyo.ac.jp/mokuji.html
  • Case Note: Buckley v. American Constitutional Law Foundation, Inc., 525 U. S. 182; 119 S. Ct. 636 (1999), 30, 47, 58,   2000 12 , http://ci.nii.ac.jp/naid/40004398138

Research Grants & Projects

  • 0130 (Japanese Only), Study on Constitutional Power of U.S. Congress

Others

  •   2017 04 , Congressional Constitutional Interpretation and the Courts in the United States