RSS FeedOsgoode Student’s Response to Maclean’s Rankings
The post below sparked interest to the editor of Law Times resulting in a substantial contribution to an article entitled New Law School Rankings ‘Incomplete’
Maclean’s Article: A Seriously Flawed Analysis
Recently, Dean Monahan sent out an email discussing the Maclean’s article on the first ever ranking of Canadian law schools’ performance. The dean noted that the methodology employed was flawed and that Osgoode’s third place finish in the ranking should not be taken so seriously because it does not take into account other factors that would determine a school’s performance in a ranking system.
In response to this email and the Maclean’s article, I decided to take it upon myself to do some research into the methodology utilized by Maclean’s to determine a law school’s performance. After considerable review, I agree with Dean Monahan’s sentiment and thus composed a letter to the editor of Maclean’s. Whether it will be published is at the discretion of the magazine, but nonetheless I felt it prudent that the students of Osgoode should know that there has been attempt to try and change the current performance ranking. My letter goes as this:
Dear Maclean’s Editor,
I am a third year law student at Osgoode Hall Law School. I recently read your article that ranked Canadian law schools and the methodology employed to base this ranking. After careful review, I feel compelled to write to you because I believe, notwithstanding the independent and non-reliance approach utilized for this ranking, the methodology is seriously flawed.Basing a large percentage of a school’s ranking on elite firm hiring is an invalid indicator to measure a school’s performance. Not to mention it has no bearing on the teaching environment, curriculum or the caliber of the school’s students.
At Osgoode we are taught that elite firm hiring is but one area we can venture to but not the only one. We have made great efforts to promote equality, diversity and fairness in our educational setting. There are many who easily fit the mold of the prototypical Bay Street practitioner in terms of high grades, intelligence, charisma and professionalism. However, many of these students choose a different career path either because they prefer to have a work-life balance or because they prefer to give back to their community, help public interest groups or service legal aid. Thus, measuring a school’s performance on elite firm hiring is no indicator of how good the school is nor does it gauge the kind of students it produces. Osgoode churns out a large number of graduates every year and each of them choose areas of law that best reflect their goals, values and ideas.
The promotion of the public interest is a ubiquitous sentiment at Osgoode. This has been most recently seen by the change of this year’s class curriculum. We now have a public interest requirement that must be completed by all law students in Osgoode before they graduate. The public interest requirement requires all students to complete forty hours of unpaid legal service to a particular group. Osgoode has set up an office to help students find these positions as well as to help them understand the purpose.
Osgoode takes pride in this new public interest requirement and Osgoode is the only law school inCanada that requires this for matriculation.
This new requirement is not the only area in which Osgoode promotes public interest work; we have a strong and vibrant Community and Legal Aid Services Program (CLASP). We also make an effort within the teaching faculty to promote pro bono work to the students. It is imperative that the moment a student walks into Osgoode that he/she is aware of the role they can play in the legal world.
When students first arrive at Osgoode they are all told what a privilege it is for them to be accepted into law school and in particular to Osgoode Hall Law School. At the same token we students are also told that this privilege must be respected and held to the highest degree. This means always giving back and helping others, being an ethical lawyer and representing the law profession in the best possible way.
Osgoode has a great social environment, diverse curriculum, distinguished teaching faculty, supportive administration and an approachable dean. To not consider this in a law school ranking, to me, is absurd. We shouldn’t measure a law school’s success or ranking on how many students get corporate jobs. We should measure it on how satisfied its students are with their experience at their law school of choice and the jobs they eventually get because of going to that school.
I appreciate the fact that I have based a lot of my points on my experience at Osgoode but I hope it will be something that you can consider for future rankings. Because I can tell you this, the majority of students leave Osgoode with a sense of achievement knowing they probably got the best law education, teaching experience and curriculum in the country.
There are obviously many more areas that I would like to discuss but for the sake of brevity I will keep it to this, whether Osgoode ranks first or last in a performance scale makes no difference to me. I know that I chose the right law school. The only concern I have is that many students may never have this opportunity or experience because they base their decision to attend a school on a ranking scale with superficial methodology.
Your opinion counts not to us as law students but to those who aspire to be great lawyers. It is your responsibility, as a media source, to hold this position with great accountability to your readers. I ask that the methodology employed for your first ever law school ranking be changed to incorporate a more comprehensive analysis of a school’s performance. Tantanda Via – the way must be tried.
Genuinely
Michelle Louise Simard
Fear of Islamic Schools Based on False Stereotypes
Fear of Islamic Schools Based on False Stereotypes
Muneeza Sheikh, Daniel Simard and Khurrum Awan
On Aug. 28, representatives from the Muslim, Jewish, Hindu and Sikh communities came together to express support for John Tory’s proposal to fund faith-based schools.
While such unity among different faith-based schools is refreshing, a large part of this debate lies in the fact that, under Tory’s proposal, funding would also be extended to Islamic schools. And that is where many get squeamish. Assumptions and fears come into play, ranging from equating Islamic schools with the stereotyped “madrassa” to presuming that these schools will trample over women’s rights.
[youtube]http://www.youtube.com/watch?v=WK8Qt6BcvX0[/youtube]
John Tory speaks about his plan to include faith-based schools in Ontario’s public education system.
The good news is that these stereotyped views are contrary to the reality of Islamic schools. These false stereotypes are, however, prevalent due to two factors: First, the true facts about Islamic schools are unknown to the general public. Second, some public figures have adopted a strategy of playing on these stereotypes in order to oppose Tory’s proposal.
Here are some pertinent facts. Islamic schools are operating in just about every province of this country. They are publicly funded in British Columbia, Manitoba, Alberta and Quebec. Yes, Alberta, despite being Prime Minister Stephen Harper’s power base, and Quebec, despite sharing Quebec Premier Jean Charest’s “safety concerns” for hijab-wearing girls on the soccer field, both fund Islamic schools.
There is no evidence that the funding of Islamic schools in these provinces has resulted in the isolation of the Muslim community. On the contrary, girls and boys graduating from Islamic schools usually continue on to post-secondary education, and from there to a variety of professional areas. In short, they are no less capable of making a contribution to public life than Ontario Premier Dalton McGuinty was when he graduated from the Catholic school he attended.
Nor is there any evidence that women’s rights are suffering. On the contrary, just as many women graduate from these schools as men, and just as many women continue on to post-secondary education and professional careers.
The majority of the teachers at these schools are women who, through their life experiences and personal accomplishments, serve as worthy role models for the students.
An overwhelming majority of women representing the mainstream Muslim community support faith-based schools. In fact, Muslim mothers usually insist on Islamically educating their children, even though the added expense often imposes genuine strains on parents’ limited budgets.
Unfortunately, many Muslim parents are unable to afford these private faith-based schools. Tory’s proposal, then, promotes equality within the Muslim community; it makes a faith-based education available not only to the more affluent, but also to those who are unable to afford it.
Muslim girls at an Islamic school in the GTA.
These are the true facts about Islamic schools that one rarely hears. What one commonly hears is a discriminatory and stereotype-laden language, which is used to attack funding for religious and especially Islamic schools. Although all citizens have the right, and indeed the obligation, to debate the proposal to fund faith-based schools and to adopt positions on both sides of this issue, they do not have the right to fearmonger in pursuit of their agenda.
Unfortunately, this stereotyping of Islamic schools hurts not only the Muslim community, but other faith communities, too, as it could ultimately prevent all communities from benefiting from a faith-based education.
That would be a terrible loss because all faith-based schools emphasize respect for one’s parents, teachers, elders and peers, as well as for the values, traditions, observances and history of the religious communities they serve. As a result, their graduates are usually more focused, disciplined and confident – an ideal recipe for producing the leaders of tomorrow.
Unfortunately, in the mind of McGuinty, the enriched academic and cultural experience of a faith-based education is not worthy of recognition and funding. But policy-makers in Alberta, British Columbia, Manitoba and Quebec think otherwise.
Oct. 10 will provide faith-based communities with an opportunity to show that they, too, think otherwise.
The preceding content is based on an article published in the Toronto Star on Sep 20, 2007, and reproduced here with permission of the authors.
UK Adopting Canadian-Style Constitutional Reform?
The origins of the Canadian legal system are clearly within the common law tradition, specifically that of the United Kingdom.
The founding document of Canada’s existence, the Constitution Act 1867, determined the federation, distribution of powers and justice system. In fact it’s original name before the 1982 consolidation was the British North American Act 1867.
Constitutional Reform in UK
Osgoode Hall’s blog, The Court, reported that there is currently dialogue within the UK over reevaluating the constitutional structure in the UK.
In contrast to Canada, the UK has no such written constitution, making for an often confusing hodge-podge of various documents going back as far as the Magna Carta of 1215, which has also led to some contemporary problems. There is no unanimous consensus in the UK as to what the constitution is, and there are also no formal human rights guarantees.
Guy Aitchison, explains,
Britain’s over-centralized state is antiquated and out-of-date. The much vaunted “flexibility” offered by Britain’s unwritten constitution, has, in recent years, permitted an ever greater concentration of power in the hands of the executive, and the gradual erosion of civil liberties, now accelerated in the name of a “war on terror.” These undemocratic developments, alongside a manifestly unfair electoral system, have contributed to historic levels of public disengagement, with turnout at the last two general elections hovering at around 60%.
They claim that if the UK does develop a written constitution, it will likely look to other Commonwealth nations for a template.
Perhaps an interesting case of the offspring teaching something to the parent.
The 12 Equitable Maxims
The twelve equitable maxims are:
1. Equity will not suffer a wrong without a remedy.
2. Equity follows the law.
3. Where there is equal equity, the law shall prevail.
4. Where the equities are equal, the first in time shall prevail.
5. He who seeks equity must do equity.
6. He who comes into equity must come with clean hands.
7. Delay defeats equities.
8. Equality is equity.
9. Equity looks to the intent rather than the form.
10. Equity looks on that as done which ought to be done.
11. Equity imputes an intention to fulfil an obligation.
12. Equity acts in personam.
Maclean’s Law School Rankings
The much anticipated ranking of Canadian law schools by Maclean’s was released this past week.
Also as anticipated, an enormous furor arose among faculty and professionals across the nation over the approach used.
An American Approach to Canadian Schools
The rankings was that they were conducted by Brian Leiter, of the University of Texas at Austin Law School.
Leiter was a leader in critiquing rankings of American law schools by the renowned U.S. News and World Report.
Even these rankings have been largely rejected by the Association of American Law Schools (AALS) due to methodological concerns, especially on the arbitrary manner in which weight is assigned to various criteria.
But rankings play an enormous role in the U.S., where there are three tiers of law schools. Poorly ranked schools in the U.S. can suffer financially, and experience cutbacks and downsizing.
In Canada’s publicly subsidized education system, this approach simply does not work.
A Consensus of Objection
To be fair, Maclean’s did use a different approach than used in the U.S. for rankings there. Their approach was much more simplistic and rudimentary, using the following formula:
- Faculty quality (50%)
- Student (more aptly graduate) quality (total of 50%)
- elite firm hiring (25%)
- national reach (15%)
- Supreme Court Clerkship hiring (10%)
Ben Alarie, of the University of Toronto faculty blog, has already raised concerns with the use of these criteria.
Some of the strongest to date are that faculty are evaluated on the basis of publications, but only Canadian publications are reviewed. Schools with strong international emphases or specialized areas of study naturally suffer with this approach. The definition of elite law firms was also suspect, and not reflective of the specializations that occur in different law firms.
Alarie has also questioned the manner in which the composite rankings are formed, and the dangers of using rankings at all,
I conclude with a general observation that if one must have rankings… then it is better to have rankings that are at least measuring meaningful things.
These sentiments were echoed by
Dr. Ian Holloway, Dean of the Law at the University of Western Ontario, also pointed out some factual errors, where the institution’s faculty was erroneously inflated by over 20%, severely affecting their faculty ranking.
Holloway also commented on a distinction between Commonwealth countries and the U.S. in that the former considers publications of books worth of academic merit, whereas the latter does not, again artificially deflating the academic presence of faculty.
Nor are Supreme Court clerkships as indicative in Canada of a school’s quality as they are in the U.S., as many judges tend to favour their own alma matter. There are also special seats assigned regionally, which inflates some schools above others.
In short, while some conceded the need for an assessment of Canadian law schools, most felt this approach too simplistic and not reflective of the academic landscape in Canada.
A Measure of What?
Maclean’s has stated,
Our law ranking is not, however, a ranking of which schools are the hardest to get into. It is, instead, about measuring the quality of the output of each school.
Patrick Monahan of Osgoode Hall responded by noting that the rankings excluded evaluation of the school curriculum, students enrolled and extracurricular activities, or the teaching and educational experience.
Apples and Oranges
And because some schools, such as the University of Windsor and the University of Victoria, emphasize completely different aspects of both the admissions process and the educational experience, any uniform evaluation comparing Canadian law schools to each other on these basis alone are likely to be misleading.
In a letter to Maclean’s, Peter Showler of the University of Ottawa pointed out the inconsitency of the magazine criticizing Bay Street firms earlier this year, and currently using them as a comparator. He explained,
I teach refugee law and have the annual pleasure of teaching some of the best students in the school. They are smart, dedicated, passionate about social justice and would not go near a Bay Street firm. Find another yardstick.
Updates
Tony Keller, Managing Editor of Special Projects at Maclean’s, wrote in with some corrections. Keller states,
We asked Leiter to assist us in preparing the first annual Maclean’s law school rankings because he is a leading critic — arguably THE leading critic — of the US News methodology. He’s spent the past decade criticizing US News, time and again and in great detail,going so far as to create his own alternative (and superior) system of evaluating law schools.
We thank him for pointing them out, and have modified the post accordingly.
Mexicans invade Canada, Canadians invade the US
The Current Crisis in Windsor
Over the past 3 weeks, about 200 Mexicans claimed refugee status at the Canadian border in Windsor.
The shelters are full, and the city’s resources are capped.
Although most of these economic claimants will be sent back, during the 14-month interim of processing time they are on social assistance. The support is provided on humanitarian grounds to assess legitimate claims.
Windsor Mayor, Eddie Francis, has stated,
We don’t have the means, ability or capacity to deal with this additional cost. We are not able to deal with this potential crisis locally. I don’t believe that Windsor’s residents and taxpayers should have to foot the bill for U.S. immigration policy.
Specifically, Homeland Security measures have been cited as one of the reasons for the recent exodus, with predatory coyotes cited as the other.
To complicate things further, one of the 200 people in Windsor recently gave birth to a child, and another woman has one on the way. Both children will have claims to Canadian citizenship, and strengthen the residency case of the mothers involved.
Mexican refugee claims have skyrocketted in recent years. More than 3,500 Mexicans claimed refugee status in Canada last year alone, already making it the single largest source for our country.
The recent crisis also revives dialogue over use of Mexican agricultural workers, and the refrain that human rights have no borders.
Loonies head South
But Canadians are also crossing the border, in the other direction, armed with a Canadian dollar at parity.
Although some in the manufacturing sector expressed concerns over rising costs for exports to the US, consumers and many economists celebrated the rise.
Appreciation of the looney was based mostly on a faltering American dollar and a robust Canadian economy.
What about the American Invasion?
So why aren’t the Americans invading Mexico, to complete the love triangle?
Oh wait, they already did.
And it’s not like Canada is immune either.
Man Sues God
As if things weren’t bad enough with Sa Tan suing The Queen. There is a man in Nebraska that is suing God as well.
And He’s a Politician
To make this even better the plaintiff in the case is a Senator from Nebraska, Ernie Chambers, an agnostic black civil-rights advocate known for fiery rhetoric.
The case, which can be viewed in its entirety here, seeks an injunction against God and his followers to stop “making terrorist threats.”
The case also claims that the defendant is responsible for numerous calamities and disasters.
Chambers filed the suit in Nebraska, claiming that the defendant was omniscient and omnipresent, and therefore could be served anywhere.
In side statements, Chambers claims to be protesting the rise of frivolous law suits in the U.S. Chambers suit was also filed as frivolous, so Chambers sued the judge as well.
God responds (twice)
A response to Chamber’s claim, filed by God, miraculously appeared on the counter of Douglas County District Court in Omaha.
It claims immunity from earthly laws, and questions jurisdiction, and the archangel St. Michael is listed as a witness.
“I created man and woman with free will and next to the promise of immortal life, free will is my greatest gift to you,” stated the response.
A second response, filed from a law office in Corpus Christi, Texas, was filed soon after by Erik Perkins.
Perkins, a Christian attorney from Texas, stated that God,
contends that any harm or injury suffered is a direct and proximate result of mankind ignoring obvious warnings.
Sa Tan sues The Queen
Ambrose Bierce defined politics in 1911 in The Devil’s Dictionary as, “A strife of interests masquerading as a contest of principles.”
But someone took this concept a step further.
Suit Filed in Federal Court
On Aug. 7, 2007, a $50 million suit was filled in Montreal against Her Majesty The Queen.
The plaintiff, legally identified as Sa Tan (sic), filed on behalf of the Rhinoceros Party for election reforms that have stripped them of their party status.
The Rhino Party
The Parti Rhinocéros was founded in 1963 by Jacques Ferron and a group of comics and entertainers.
The premise of the party was a humourous parody for Canadians disenfranchised with the mainstream political process.
The Rhino Party platform was the “one they were standing on,” in reference to the stage. They also supported such outlandish propositions as a promise to repeal the Law of Gravity.
1993 Election Act
The PC Kim Campbell government was concerned about the rise of the Reform party and increasing strength of grassroots movements.
In an attempt to undermine these competitors, an amendment was passed in 1993 to the Canada Elections Act which required each party to run a candidate in at least 50 ridings, at a cost of $1,000 for each candidate.
The Party Revived
In the 2001 provincial elections in British Columbia, a Brian Salmi resurrected the Rhino Party, bringing two candidates to the ballot.
The party attracted some media attention for their various antics. One of their unregistered candidates, former Green Party member Geoff Berner, promised “cocaine and whores to potential investors.”
According to a recent Globe article, Salmi commented on the Election Act reforms,
It’s a de facto economic means test that discriminates against the poor.
In a trial questioning the constitutionality of the reforms the judge dismissed the case, calling Salmi a clown. But that’s because Salmi was actually dressed, yes, as a clown.
The basis of Salmi’s claim was that the changes violated Section 3 of the Canadian Charter of Rights and Freedoms,
…every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.
Salmi proposes a fund to assist the deregistered parties of 1993 by drawing $50 million from the pensions of Members of Parliament as a,
punishment for voting for this malicious attack on the most sacred right a Canadian citizen has and from the salaries of all members of Parliament, present and future (as a deterrent against ever again attempting to violate the most sacred right a Canadian citizen has).
Trouble in Yukon
Salmi has since petitioned the Yukon Human Rights Commission in 2005. He alleges defamation and discrimination for not receiving a job.
The basis for the refusal was that he failed to disclose his legal name.
You see, Brian Salmi’s legal name is Sa Tan. The email in question stated,
Although negotiations with a view to concluding a contract of employment with you had been commenced, no such contract was ever concluded. Unfortunately, it turned out that you had not disclosed in either the application or the interview process that you were using an assumed name and that your legal name is in fact Sa tan. Your fax yesterday however confirmed your earlier verbal advice that although you call yourself Brian Salmi you are “legally known as Sa tan”.
This lack of candour in dealing with a future employer in itself makes you unsuitable for a position in the public service, and particularly unsuitable for this position.
Although Salmi was successful in demonstrating in a separate case of Tan v. Yukon that he was indigent, the judge ruled against the plaintiff, stating there was no indication of malice.
Recent Headlines in Outremont
Salmi (or Sa Tan) made recent headlines this past week because he announced his candidacy in the by-election in Outremont, the contested riding that recent voted for an NDP representative.
His case against the Queen appears to be pending (not yet available on CanLII).
Resources
Sa Tan v. Government of the Yukon Territory, et al., 2006 YKSC 45
Tan v. Yukon (Government of) 2005 YKSC 19
Increased Funding for Ontario Legal Aid
Earlier this year, Attorney-General of Ontario, Michael Bryant, made significant changes to Legal Aid Ontario.
Recent Changes
The announcement on June 19, 2007, proclaimed an increase $51 million for low-income Ontarians.
Some of the specific areas of funding include:
- Tariff Increase
- Articling Students
- Exemption of Universal Child Care Benefit
- New Financial Eligibility Test
- Services for Families
- Big Case Management
- Aboriginal Services
- Community Legal Clinics
- South Asian Legal Clinic of Ontario (SALCO)
- Increasing Clinic Salaries
- French Language Services
- Clinic Operating Expenditure Budgets
- Information Management System
- Interpretation and Translation Services
Bryant commented on the increased funding for the South Asian Legal Clinic (SALCO) to address specific communities in Toronto,
We are making sure that more people who need legal aid services receive them, increasing access to justice for low-income Ontarians. We are proud of the close working relationship we have developed with Legal Aid Ontario.
Bryant also appointed John McCamus, of Osgoode Hall, as the new chairperson for Legal Aid Ontario.
Legal Aid as a Whole of Government Spending
Critics often claim that legal aid is severely underfunded.
The breakdown of governmental expenses typically is,
60% of spending on police
25% on corrections
9% on courts
6% on legal aid
The recent changes should increase the relative allocation to Legal Aid funding.
Importance of Legal Aid
The Canadian Bar Association (CBA) states that Legal Aid,
- is a Fundamental Feature of our Justice System and our Democracy
- is a Question of Fairness
- is Required by the Canadian Charter of Rights and Freedoms
- is Promised in Canada’s International Commitments
- is Intrinsic to the Rule of Law
In 2002, the CBA threatened to sue provinces over underfunding of Legal Aid.
Is Legal Aid a Human Right?
[youtube]http://www.youtube.com/watch?v=1WctWW6VmmE[/youtube]
Young Legal Aid Lawyers (YLAL) video on Legal Aid as a human right in Britain
Open and Transparent Billing
The Charter and Criminal Law
The Canadian Charter of Rights and Freedoms covers pretty much every aspect of criminal law.
It guarantees freedom of expression and equality, but also the criminalization of conduct, investigation of crimes, prosecution of offences, determination of criminal liability, and sentencing of offenders.
Specific Sections
Section 7 covers right to life, liberty, security of the person, which are not to be deprived except though principles of fundamental justice
Section 8 addresses the right to be secure against unreasonable search & seizure
Section 9 deals with the right not to be arbitrarily detained
Section 10 states the right to counsel
Section 11 guarantees that persons will not denied bail without just cause, will be tried in reasonable amount of time, will be presumed innocent, have a jury if required and appropriate, and that they will not retried for the same crime
Section 12 promises noone shall be subject to cruel, unusual punishment
Section 15 states that all are equal before the law, and that there is no discrimination
Section 1 does state reasonable limits to these rights, and in Section 52 it states that if they are not reasonable, then any law conflicting with Charter has no force
Those whose rights have been infringed are guaranteed under Section 24(1) to apply to court, and 24(2) excludes evidence gathered in violation of the Charter
Prussian Legal System the Best (according to 19th c. Japan)
Although the current Japanese legal system is based on the Anglo-American model, there was a time prior to its conquest in WWII where they used a system modeled after Germany.
Background
Prussian dominance can probably be traced back to amity and commerce treaty signed in 1861 between Prussia and Japan, structured with a unilateral most-favoured-nation clause benefiting the former.
This influence grew over the early part of the Meiji era (1868-1912) with attempts to modernize Japanese military and industry.
Constitutional Reform
Following the Satsuma Rebellion, where traditionalists attempted to oppose modernization efforts, some different forms of representational government from around the world were examined.
[youtube]http://www.youtube.com/watch?v=bQHAAb7H7VQ[/youtube]
Tom Cruise’s “The Last Samurai” is loosely based on the Satsuma Rebellion
A British-style model was advocated early on by Okuma Shigenobu of the Constitutional Progressive Party.
Instead, a study was launched in 1882 to examine legal systems abroad, led by Ito Hirobumi.
Andrew E. Barshay writes in State and Intellectual in Imperial Japan,
Ito acutely recognized the need for a state apparatus capable of realizing a strong constitutional order that simultaneously placed the source of its legitimacy out of mortal reach.
French and Spanish models were rejected as too despotic, and the American and British were considered too liberal and disempowering of the monarch.
Hirobumi decided to spend his time in Prussia (now Germany), and decided their model was superior to the others.
Japan even sent academics abroad to study at Prussian universities, and briefly based Kyoto Imperial University on the Prussian educational system.
Objections and Demise
Not all Japanese were ecstatic of these specific initiatives.
Uchimura Kanzo wrote in 1898,
One of the many foolish and deplorable mistakes which the Satsuma-Choshu Government have committed is their having selected Germany as the example to be followed in their administrative policy. Because its military organization is wellnigh perfect, and its imperialism a gift of its army, therefore they thought that it ought to be taken as the pattern of our own Empire. . . . Germany is certainly a great nation, but it is not the greatest, neither is it the most advanced. It is often said that Art, Science, and Philosophy have their homes in Germany, that Thought has its primal spring there. But it is not in Germany that Thought is realized to its fullest extent. Thought may originate in Germany, but it is actualized somewhere else. The Lutheran Reformation bore its greatest fruit in England and America.
German expansion into the far east led to cooling of relations between the two countries.
Military alliances in WW II strengthen relations again, but the defeat of both resulted in restructuring along the lines of the occupying Allied forces.
German influence over contemporary Japan remains limited, though the Crown Princess of Japan today does speak German.
Resources
Shinya Murase. (1976). The Most-Favored-Nation Treatment in Japan’s Treaty Practice During the Period 1854-1905. The American Journal of International Law 70(2):273-297.
Andrew E. Barshay. (1991). State and Intellectual in Imperial Japan. The Public Man in Crisis. University of California Press.
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