Recent Abstracts and Article Links
The complete collection of articles and abstracts for the Pacific Rim Law & Policy Journal is available
in the Marian Gould Gallagher Law Library digital archives.
Volume 16
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Issue 3
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June 2007
Transitional Justice in Korea: Legally Coping with Past Wrongs After Democratization
Kuk Cho
16 Pac. Rim L. & Pol'y J. 579
abstract
full article
The Nireco Poison Pill: The Impact of a Court Injunction
Written by Toshihiko Shimizu and Toshihiro Igi, Translation by Christopher J. Kodama
16 Pac. Rim L. & Pol'y J. 613
abstract
full article
Bortz v. Suzuki, Judgment of October 12, 1999, Hamamatsu Branch, Shizuoka District Court
Translation by Timothy Webster
16 Pac. Rim L. & Pol'y J. 631
abstract
full article
In the Wake of Sakhalin II: How Non-Governmental Administration of Natural Resources Could Strengthen Russia's Energy Sector
Nowell D. Bamberger
16 Pac. Rim L. & Pol'y J. 669
abstract
full article
Intellectual Property Rights and the Public Sector: Why Compulsory Licensing of Protected Technologies Critical for Food Security Might Just Work in China
Gregory C. Ellis
16 Pac. Rim L. & Pol'y J. 699
abstract
full article
A Condom Versus the Philippine AIDS Prevention and Control Act of 1998: Which Has Holes Leaving Filipinos Unprotected?
David M. Iseminger
16 Pac. Rim L. & Pol'y J. 725
abstract
full article
Expanding the Reach of the Chinese Labor Law: How Does the Supreme People's Court's 2006 Interpretation Transform Labor Dispute Resolution?
Jill E. Monnin
16 Pac. Rim L. & Pol'y J. 753
abstract
full article
No Refills: The Intellectual Property High Court Decision in Canon v. Recycle Assist Will Negatively Impact the Printer Ink Cartridge Recycling Industry in Japan
Scott M. Tobias
16 Pac. Rim L. & Pol'y J. 775
abstract
full article
The Applicability of the Consumer Protection Law in Medical Malpractice Disputes in Taiwan
Ya-Ling Wu
16 Pac. Rim L. & Pol'y J. 805
abstract
full article
Volume 16
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Issue 2
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March 2007
Comparing Foreign Investment in China, Post-WTO Accession, With Foreign Investment in the United States, Post 9/11
Jordan Brandt
16 Pac. Rim L. & Pol'y J. 285
abstract
full article
When Are There More Laws? When Do They Matter? Using Game Theory to Compare Laws, Power Distribution, and Legal Environments in the United States and China
Ji Li
16 Pac. Rim L. & Pol'y J. 335
abstract
full article
The Korea Fair Trade Commission's Decision on Microsoft's Tying Practice: The Second-Best Remedy for Harmed Competitors
Sejin Kim
16 Pac. Rim L. & Pol'y J. 375
abstract
full article
What Impact Will The Revised Trade Union Law of China Have on Foreign Business?
Zana Z. Bugaighis
16 Pac. Rim L. & Pol'y J. 405
abstract
full article
China's Practice of Procuring Organs from Executed Prisoners: Human Rights Groups Must Narrowly Tailor Their Criticism and Endorse the Chinese Constitution to End Abuses
Joan E. Hemphill
16 Pac. Rim L. & Pol'y J. 431
abstract
full article
The International Law Exception to the Act of State Doctrine: Redressing Human Rights Abuses in Papua New Guinea
Joshua Gregory Holt
16 Pac. Rim L. & Pol'y J. 459
abstract
full article
Korea's New Prostitution Policy: Overcoming Challenges to Effectuate the Legislature's Intent to Protect Prostitutes from Abuse
Ji Hye Kim
16 Pac. Rim L. & Pol'y J. 493
abstract
full article
When the Price is Too High: Rethinking China's Deterrence Strategy for Robbery
Peter D. Nestor
16 Pac. Rim L. & Pol'y J. 525
abstract
full article
The 2006 Revisions to Japan's Equal Opportunity Employment Law: A Narrow Approach to a Pervasive Problem
Megan L. Starich
16 Pac. Rim L. & Pol'y J. 551
abstract
full article
Volume 16
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Issue 1
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January 2007
Introduction to the New Company Law of the People's Republic of China
Steven M. Dickinson
16 Pac. Rim L. & Pol'y J. 1
abstract
full article
Perverse Main Bank Rescue in the Lost Decade: Proof that Unique Institutional Incentives Drive Japanese Corporate Governance
Dan W. Puchniak
16 Pac. Rim L. & Pol'y J. 13
abstract
full article
Judgment on Unfair Competition Dispute Between Baidu Online Network Technology (Beijing) Ltd. Co. and Beijing 3721 Technology Ltd. Co.
Translation by Pengyue Li
16 Pac. Rim L. & Pol'y J. 63
abstract
full article
Customary International Humanitarian Law and Multinational Military Operations in Malaysia
Drew R. Atkins
16 Pac. Rim L. & Pol'y J. 79
abstract
full article
The Marriage Amendment Act: Can Australia Prohibit Same-sex Marriage?
Katy A. King
16 Pac. Rim L. & Pol'y J. 137
abstract
full article
Ending the Silence: Thai H-2A Workers, Recruitment Fees, and the Fair Labor Standards Act
Andrea L. Schmitt
16 Pac. Rim L. & Pol'y J. 167
Increasing numbers of Thai workers are coming to the United States using "H-2A" temporary agricultural worker visas. Compared with their Latin American counterparts, Thai H-2A workers are more vulnerable to poor working conditions and other abusive employment practices for two reasons. First, the workers often pay large recruitment fees to labor recruiters in Thailand, and they therefore arrive with a much weightier debt burden. This debt, combined with conditions inherent in the H-2A system, puts intense pressure on workers to remain silent. Second, Thai workers are more culturally and linguistically isolated in rural U.S. communities than their Latin American counterparts. This comment argues that bringing claims under the minimum wage provisions of the Fair Labor Standards Act ("FLSA") can be an effective litigation strategy to protect Thai H-2A workers who have a large recruitment-fee debt burden. Under the doctrines of apparent authority agency and inherent agency, the workers' employers may be responsible for the fees that recruiters charge. These fees are for the primary benefit of the growers and cannot be counted as wages under the FLSA. Consequently, growers must reimburse workers for recruitment fees during their first week of employment in order to avoid minimum wage violations under the FLSA.
full article
Controlling Business Method Patents: How the Japanese Standard for Patenting Software Could Bring Reasonable Limitations to Method Patents in the United States
James S. Sfekas
16 Pac. Rim L. & Pol'y J. 197
abstract
full article
The Persecutor Bar in U.S. Immigration Law: Toward a More Nuanced Understanding of Modern "Persecution" in the Case of Forced Abortion and Female Genital Cutting
Lori K. Walls
16 Pac. Rim L. & Pol'y J. 227
abstract
full article
Establishing Secondary Liability with a Higher Degree of Culpability: Redefining Chinese Internet Copyright Law to Encourage Technology Development
Yiman Zhang
16 Pac. Rim L. & Pol'y J. 257
abstract
full article