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
In August 2007, China enacted an Anti-Monopoly Law, becoming one of roughly ninety nations to establish a comprehensive regulatory regime governing competition. Since the advent of China's economic reform program beginning three decades ago, China has been moving to integrate its economy within the global trading system. This article provides an overview of China's Anti-Monopoly Law ("AML") emphasizing key areas of significant apparent divergence from U.S. antitrust policy. The article addresses the evolution of anti-monopoly policy in China and the United States, observing that, where differences exist, China's AML frequently reflects principles similar to those once embedded in U.S. antitrust policy, but which have been abandoned or modified by U.S. policymakers and courts in a sustained process of policymaking through trial and error. The article also examines specific areas of divergence between the AML and U.S. antitrust policy, describing how past U.S. policies, which find parallels in the AML, were modified or abandoned over time. Finally, the article concludes that in enacting the AML, Chinese policymakers aim to promote economic growth and innovation. It also expresses the hope that the U.S. experience, which was driven by the need to increase its own economic dynamism, may serve as an abiding point of reference to China's policymakers.
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
abstract
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