James Fisher

Lecturer

home icon

mail icon ANU College of Law, 5 Fellows Rd, Acton ACT 2600

 

Biography

James joined the ANU College of Law as a lecturer in 2022. Before this he spent eight years in academia in Japan as a Project Associate Professor at the University of Tokyo (2015-2020) and Associate Professor at Sophia University (2020-2022), where he remains a Visiting Lecturer. He also held visiting academic positions at Meiji University and Waseda University.

His principal research concerns English and Japanese private law, particularly contract and trusts. James maintains additional research profile in applied jurisprudence, comparative law theory, law and sexuality, and law and the humanities, with a substantive focus on contemporary Japanese culture.

Appointments

  • Visiting Lecturer: Sophia University (Tokyo, Japan) (2022 - )
  • Director of Moots and Competitions: ANU College of Law (2022 - )
  • Board Member (Linkages and Engagements Advisory Group): American Society of Comparative Law, Younger Comparativists’ Committee (2017 - 2019)
  • Academic Board Member: National Association of Licensed Paralegals (UK) (2015 - 2018)

Significant research publications

  • Japanese Law and Literature (forthcoming 2023, Routledge)
  • Gray areas in tort: Illegality and authority after Patel v Mirza’ (2021) 84(5) Modern Law Review 1122

  • “Trusts as legal transplants: Lessons from Japan” in Ben McFarlane and Sinéad Agnew (eds), Modern Studies in Property Law: Volume 10 (2019, Hart Publishing)

  • Contract Law in England and Wales (2018, Wolters Kluwer)

  • The trust as Trojan Horse: A comparative perspective on trusts’ role in Japanese succession law” (2018) 103 Iowa Law Review 1945

Research projects & collaborations

  •  

Grants

  •  

Consultancies

  • Consultant (Legal Education Reform): Japanese Judicial Scriveners’ Association (2015 - 2018)

Books & edited collections

  • Making Trusts Civilised (in preparation)
  • Japanese Law and Literature (with Giorgio Fabio Colombo) (Routledge, forthcoming 2023)
  • Contract Law in England & Wales (Wolters Kluwer, 2018)

Refereed journal articles

  • ‘“All I can do is ask”: COVID-19, lockdowns without law, and constitutionalism in Japan’ [2021] Public Law 251
  • “The trust as Trojan Horse: A comparative perspective on trusts’ role in Japanese succession law” (2018) 103 Iowa Law Review 1945
  • “The Constitution, international law and the rights of foreigners in Japan” (2015) 39 Journal of Japanese Law 109
  • “Uncertainty, opportunism and the intermediate term: The Hong Kong Fir principle in English and Irish contract law” (2015) 14 Hibernian Law Journal 96

Book chapters

  • “Invisible walls: Form and freedom in coded space” in Dale Mitchell et al. (eds), Cultural Legalities of Video Games (Routledge, forthcoming 2023)
  • “Trusts as legal transplants: Lessons from Japan” in Ben McFarlane and Sinéad Agnew (eds), Modern Studies in Property Law: Volume 10 (2019, Hart Publishing)
  • “The quasi-Constitutionality of non-statutory norms: executive Constitutional interpretation in Japanese law” in Richard Albert and Joel Colon-Rios (eds), Quasi-Constitutionality and Constitutional Statutes: Forms, Functions, Applications (2019, Routledge)
  • “Pirates, Giants and the State: Legal Authority in Manga and Anime” in Ashley Pearson et al. (eds), Law and Justice in Japanese Popular Culture (2018, Routledge)
  • “Rethinking the rules for the proprietary effect of freehold covenants” in Robin Hickey and Heather Conway (eds), Modern Studies in Property Law: Volume 9 (2017, Hart Publishing)

Conference papers & presentations

  • “The (incomplete) civilisation of English law: the illegality rule, inside and out”: Obligations X, Western Law School, Canada (upcoming July 2023)

  • “Public policy in private law: The ‘Civilisation’ of English law”: Twentieth Congress of the International Academy of Comparative Law, Kyūshū University, 2018

  • “Trusts as legal transplants: Lessons from the trust in Japan”: Modern Studies in Property Law, University College London, 2018

  • “Administrative Law in Japan: Politics, Culture and the Rule of Virtuous Men”: Law, Society and Administration in a Changing World, Institute of Advanced Legal Studies, 2017

  • “Making trusts civilised: War, revolution and the English trust in Japan”: Obligations XIII, University of Cambridge, 2016

  • “Two Quasi-Constitutional Norms in Japan”: International Symposium on Quasi-Constitutionality, Victoria University Wellington, 2016

Commissioned reports

  •  

Government submissions

  •  

Committees

External Organisations

  •  

Internal ANU Committees

  •  

Case notes & book reviews

  • Gray areas in tort: Illegality and authority after Patel v Mirza” (2021) 84 Modern Law Review 1122
  • “The ‘one man company’ after Patel v Mirza: attribution and illegality in Singularis Holdings v Daiwa Capital Markets” (2020) 71 Northern Ireland Legal Quarterly 387
  • “Contract variation in the common law: A critical response to Rock Advertising v MWB Business Exchange” (2018) 47 Common Law World Review 196
  • “Rearticulating the rule against penalty clauses” [2016] Lloyd’s Maritime and Commercial Law Quarterly 169
  • “The ex turpi causa principle in Hounga and Servier” (2015) 78 Modern Law Review 854

Other

  •  

PhD supervision

I am willing to supervise in the areas:

  •  

I have previously supervised:

  •  

 

SJD supervision

I am willing to supervise in the areas:

  •  

I have previously supervised:

  •  

 

MPhil supervision

I am willing to supervise in the areas:

  •  

I have previously supervised:

  •  

 

LLM Masters thesis supervision

I am willing to supervise in the areas:

  •  

I have previously supervised:

  •  

 

Honours thesis supervision

I am willing to supervise in the areas:

  •  

I have previously supervised:

  •  

 

Internship supervision

I am willing to supervise in the areas:

  •  

I have previously supervised:

  •  

 

Past courses

  •  

Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team