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 18
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Issue 3
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June 2009
Getting Property Right: "Informal" Mortgages in the Japanese Courts
Frank G. Bennett, Jr.
18 Pac. Rim L. & Pol'y J. 463
abstract
full article
Electronic Money and the Law: Legal Realities and Future Challenges
Nobuhiko Sugiura translated by Jean J. Luyat
18 Pac. Rim L. & Pol'y J. 511
abstract
full article
A Tale of Regulation in the European Union and Japan: Does Characterizing the Business of Stored-Value Cards as a Financial Activity Impact its Development?
Jean J. Luyat
18 Pac. Rim L. & Pol'y J. 525
abstract
full article
Australia's Heritage Protection Act: An Alternative to Copyright in the Struggle to Protect Communal Interests in Authored Works of Folklore
Jake Phillips
18 Pac. Rim L. & Pol'y J. 547
abstract
full article
Reaching Back to Move Forward: Using Adverse Possession to Resolve Land Conflicts in Timor-Leste
Charlotte C. Williams
18 Pac. Rim L. & Pol'y J. 575
abstract
full article
Volume 18
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Issue 2
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April 2009
A Study of Cyber Violence and Internet Service Providers' Liability: Lessons from China
Anne S.Y. Cheung
18 Pac. Rim L. & Pol'y J. 323
abstract
full article
Modernizing Charity Law in China
Rebecca E. Lee
18 Pac. Rim L. & Pol'y J. 347
abstract
full article
No Room for Dissent: China's Laws Against Disturbing Social Order Undermine its Commitments to Free Speech and Hamper the Rule of Law
Mindy K. Longanecker
18 Pac. Rim L. & Pol'y J. 373
abstract
full article
Safeguarding China's Cultural History: Proposed Amendments to the 2002 Law on the Protection of Cultural Relics
Amanda K. Maus
18 Pac. Rim L. & Pol'y J. 405
abstract
full article
Article 14 of China's New Labor Contract Law: Using Open-Term Contracts to Appropriately Balance Worker Protection and Employer Flexibility
Jovita T. Wang
18 Pac. Rim L. & Pol'y J. 433
abstract
full article
Volume 18
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Issue 1
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January 2009
Directors' Liability for Corporate Faults and Defaults - An International Comparison
Helen Anderson
18 Pac. Rim L. & Pol'y J. 1
abstract
full article
China's New Anti-Monopoly Law: A Perspective from the Untied States
Thomas R. Howell, Alan Wm. Woloff, Rachel Howe, and Diane Oh
18 Pac. Rim L. & Pol'y J. 53
abstract
full article
Comprehensive Strengthening of Intellectual Property Adjudication Will Provide Powerful Judicial Guarantees for Constructing an Innovation-Based Country and Harmonious Society
Written by Cao Jianming, Translation by Josef Rawert
18 Pac. Rim L. & Pol'y J. 97
abstract
full article
Disability Rights in Cambodia: Using the Convention on the Rights of People with Disabilities to Expose Human Rights Violations
Ulrike Bushbacher Connelly
18 Pac. Rim L. & Pol'y J. 123
abstract
full article
China's Environmental Problems: Is a Specialized Court the Solution?
Darcey J. Goelz
18 Pac. Rim L. & Pol'y J. 155
abstract
full article
Redefining Motherhood: Discrimination in Legal Parenthood in Japan
Rachel Brehm King
18 Pac. Rim L. & Pol'y J. 189
abstract
full article
Thin Shields Pierce Easily: A Case for Fortifying the Journalists' Privilege in New Zealand
Devin M. Smith
18 Pac. Rim L. & Pol'y J. 217
In late 2006, New Zealand's Parliament inserted Section 68 into the nation's Evidence Act 2006, providing for the first time a testimonial privilege specifically protecting journalists from compelled disclosure of their confidential sources. The privilege, commonly referred to as a shield law, has been met with approval from politicians, media commentators, and journalists, both in New Zealand and beyond.
While New Zealand's reporter shield law goes a long way toward extending press freedoms, it ultimately falls short of the country's historically robust commitment to the free flow of information. Section 68's most glaring shortcoming is the ease with which a judge can tear down its protections. A judicial determination that the public interest in the disclosure of the source outweighs the public interest in maintaining confidentiality will pierce the shield. Unfortunately, balancing tests such as the one codified in Section 68 have a track record of exploitation, often with fair trial concerns overriding free expression.
In that light, Section 68 should be strengthened for three purposes: 1) to reflect the nation's longstanding commitment to a free and vibrant media, 2) to satisfy the requirements of the New Zealand Bill of Rights Act 1990, and 3) to accord with effective models from other democratic governments. Two relevant sources the country could mine for guidance include United States federal law and the newly enacted shield law in Washington State. New Zealand would be well served by observing not only the protective innovations of the two models, but also their shortcomings. The federal status quo in the U.S., should serve as a cautionary tale, both from policy and legal standpoints.
Washington State's statute on the other hand, strikes an appropriate balance between the public interest in disclosure and the public interest in protecting journalists' sources.
full article
Entitled as Against None: How the Wrongly Decided Croker Island Case Perpetuates Aboriginal Dispossession
Siiri Aileen Wilson
18 Pac. Rim L. & Pol'y J. 249
abstract
full article
Expanding Human Rights to Persons with Disabilities: Laying the Groundwork for a Twenty-First Century Movement
Yanghee Lee
18 Pac. Rim L. & Pol'y J. 283
abstract
full article
Mining the Intersections: Advancing the Rights of Women and Children with Disabilities Within an Interrelated Web of Human Rights
Rangita de Silva de Alwis
18 Pac. Rim L. & Pol'y J. 293
abstract
full article