Akihiko Nakagawa Associate Professor Hokkaido University School of Law

1. Speech prepared for the 19th annual meeting of ITO Foundation for International Education Exchange (censored ver.) Akihiko Nakagawa Associate Professor Hokkaido University School of Law

2. 19th Annual Meeting of ITO Foundation for International Education Exchange Topics prepared • My experience at the LL.M. program • My current research project • The significance of higher education

3. 19th Annual Meeting of ITO Foundation for International Education Exchange Topic #1 • My experience at Yale Law School

4. 19th Annual Meeting of ITO Foundation for International Education Exchange My “Ryugaku” • First time to live overseas alone, but I desperately wanted to get out of this country. • ⇒Quick overview with next 4 slides Thomas Cole, Manhood

5. 19th Annual Meeting of ITO Foundation for International Education Exchange Departed for US: August 2008 • ⇒

6. 19th Annual Meeting of ITO Foundation for International Education Exchange Read, read, read, zzz.. read… • → • ← Back and forth between School and dorm

7. 19th Annual Meeting of ITO Foundation for International Education Exchange Making new friends Pictures deleted for uploading

8. 19th Annual Meeting of ITO Foundation for International Education Exchange And got a degree Pictures deleted for uploading

9. 19th Annual Meeting of ITO Foundation for International Education Exchange Pictures: Not the whole story • What helped me to get through the tough academic year? • Financial commitment. • Masterpieces at NGA & Met. Auguste Renoir, Oarsmen at Chatou

10. 19th Annual Meeting of ITO Foundation for International Education Exchange How did I change? • I gained weight. • You should abandon the spirit of • “Mottainai” in US.

11. 19th Annual Meeting of ITO Foundation for International Education Exchange Well, what did I study? • Fall term: Constitutional Law; Contracts; Behavioral Law & Economics; Comparative Law, etc. • Spring term: Business Organization; Empirical Law & Economics; Antitrust; Intellectual Property, etc.

12. 19th Annual Meeting of ITO Foundation for International Education Exchange Did that study matter? • A LOT !! • 　　　　目からうろこが落ちた！ • ⇒ next 2 slides

13. 19th Annual Meeting of ITO Foundation for International Education Exchange The most fundamentals • Why do I study and write? • 　⇒To make this world a better one • that I would love to live in. • Why do I make comments on others’ paper? • ⇒To encourage her/him to improve the paper.

14. 19th Annual Meeting of ITO Foundation for International Education Exchange The most obvious, but • Most easily overlooked: • Academic freedom! • (Gakumon no jiyu) • ⇒You can conduct any research you like. • Used to be captive in narrow-minded • specialty, but relieved at last.

15. 19th Annual Meeting of ITO Foundation for International Education Exchange What is your specialty? • Specialty should not bind you to a specific area. • Specialty is something you acquire and broaden in your career.

16. 19th Annual Meeting of ITO Foundation for International Education Exchange More on academic freedom • Select a topic • ⇒Select materials and methods • ⇒Not necessarily your diploma • field, but it’s OK if you’re willing • DO NOT start from a fixed “discipline,” but start from a problem to solve.

17. 19th Annual Meeting of ITO Foundation for International Education Exchange Topic #2 • My current research project • Slides 18-20 are skipped.

18. 19th Annual Meeting of ITO Foundation for International Education Exchange The project I’m working on • Matching Antimonopoly Law rules • to developed methods of empirical analysis. • This project • (a) is developed from LL.M. papers, & • (b) focuses on quantitative methods.

19. 19th Annual Meeting of ITO Foundation for International Education Exchange Economics supports antitrust • The Antimonopoly Law prohibits practices that restrain or exclude competition in the relevant market. • Classical IO (industrial organization) provided justifications for this policy. • Economics crucial when forecasting the future effects on competition.

20. 19th Annual Meeting of ITO Foundation for International Education Exchange The situation changed: • A gap between (L) and (Ea) • ⇒Knowledge based on Classical IO should be updated. • A gap between (L) and (Eb) • ⇒Tolerable discrepancy should be specified.

21. 19th Annual Meeting of ITO Foundation for International Education Exchange Why is this project important? • The Japanese Fair Trade Commission has expertise, but courts generally do not. 　⇒Discretion in the JFTC • Reliable rules of thumb should be specified for a sensible judicial review of the JFTC’s actions. • That produces a good binding decision which even a losing party would accept.

22. 19th Annual Meeting of ITO Foundation for International Education Exchange Topic #3 • The significance of higher education

23. 19th Annual Meeting of ITO Foundation for International Education Exchange Mismatch around universities • Mismatch in job markets　就職難 • (both undergraduate and graduate) • What kind of needs should • universities satisfy? • Cf Mismatch in marriage markets

24. 19th Annual Meeting of ITO Foundation for International Education Exchange Mismatch causes anxiety • 『老後が、 • 遠い未来が • 今、ここにいる あたしを　きゅうくつにしてる』 • 益田ミリ『結婚しなくていいですか。　すーちゃんの明日』10頁 • （幻冬舎文庫、2010年。初出2008年） • ⇒Mismatch reduces current investment.

25. 19th Annual Meeting of ITO Foundation for International Education Exchange Financial support does help • Scholarship eliminates financial concern and let aspiring and ambitious students intensively study. • ⇒The virtues of “sharing.”

26. 19th Annual Meeting of ITO Foundation for International Education Exchange Sharing: the Best of US culture • Donation: sharing others’ financial needs. • Sharing an opened door. • Education: sharing an instructor’s knowledge & experience • International exchange: sharing each other’s culture.

27. 19th Annual Meeting of ITO Foundation for International Education Exchange Could we reduce mismatch? • Yes, as long as the mismatch is due to poor understanding of the nature of higher education. • Politicians are easy to disregard the fundamental difference between practitioners and researchers.

28. 19th Annual Meeting of ITO Foundation for International Education Exchange Different missions performed • Why do we conduct research in our office without facing our potential clients? • Because satisfying the current needs is a job more properly done by practitioners. • (And they are far much better paid.)

29. 19th Annual Meeting of ITO Foundation for International Education Exchange Mission as a research institute • Professors equip students with skills and knowledge that they could combine to propose solutions satisfying FUTURE NEEDS. • Future needs: needs that could • not be satisfied clinically yet.

30. 19th Annual Meeting of ITO Foundation for International Education Exchange Message for future alumni • Even in this economic downturn, believe in yourself and do invest in yourself. • As long as you have aspiration, you can develop your skills and knowledge. • Let us share in the future your ideas, writings, products, or any output of your developed abilities with you.

31. 19th Annual Meeting of ITO Foundation for International Education Exchange The end • I welcome comments & questions.