SCOJ Landmark Cases

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[edit] Landmark Cases of the Supreme Court of Japan

Case Number Date of Judgment Commonly Used Case Name Significance
2003 No. 157 February 19, 2008 Mapplethorpe Case The Court found that a collection of Mapplethorpe photographs that included images of male genitalia was not obscene. The Court's decision was believed to be the first time the top court overruled a lower court ruling on obscenity.[1]
2005 No. 1977 November 1, 2007 Overseas Hibakusha Case The Court found that the government's refusal to provide health-care benefits to hibakusha living abroad was illegal. It was the first time the Court declared a government order illegal and upheld a ruling mandating the payment of damages.[2]
2007 No. 30 August 7, 2007 Bull-Dog Sauce Case Discriminatory treatment of some shareholders designed to prevent hostile takeover of a company (in this case the use of a "poison pill") does not necessarily violate the principle of shareholder equality under Japanese statutes. Such decisions must be made by shareholders who deem it in the company's best interest; it cannot be a move made by management to protect itself.[3]

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