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
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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
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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
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Modernizing Charity Law in China
Rebecca E. Lee
18 Pac. Rim L. & Pol'y J. 347
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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
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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
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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
China's economy rapidly developed as it shifted from a planned economy to a market economy. Cheap labor encouraged foreign companies to conduct business in China, but that business came at the expense of labor protection. Workers who had previously enjoyed lifetime employment suddenly faced rampant layoffs, labor abuse, and unemployment. Despite China's implementation of the Labor Law in 1994, labor abuse continued, especially by employers refusing to follow written contract requests to define the employment relationship. Many workers were left unprotected.
In response to these problems, China passed the Labor Contract Law in 2007 to clarify requirements of employment contracts and to inform both employers and workers of their rights and obligations. The law was intended to promote better employment relationships. Article 14 of the Labor Contract Law worked to accomplish this end by allowing the use of open-term employment contracts. Foreign companies and investors, however, have voiced concern that the Labor Contract Law's encouragement of open-term contracts will negatively affect their business in China and make it nearly impossible to dismiss workers. Some of these fears have been realized in South Korea under similar employment laws.
While open-term contracts will inevitably increase some business costs, the benefits of the new Chinese Labor Contract Law outweigh such costs. Because workers will be more invested in business operations, open-term employment contracts will improve employment relationships and make businesses more profitable. Additionally, in contrast to South Korea's employment laws, Article 14 of the Labor Contract Law includes sufficient regulations and flexible requirements to prevent open-term employment contracts from becoming a ticket to lifetime employment. Open-term employment contracts can advance China's economic development.
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
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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
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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
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China's Environmental Problems: Is a Specialized Court the Solution?
Darcey J. Goelz
18 Pac. Rim L. & Pol'y J. 155
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Redefining Motherhood: Discrimination in Legal Parenthood in Japan
Rachel Brehm King
18 Pac. Rim L. & Pol'y J. 189
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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
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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
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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
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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
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