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  |  Issue 3  |  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

The use of stored-value cards is growing rapidly in urban areas in Japan and gaining acceptance as a major means of payment. While institutional and cultural factors as well as business strategies go far in explaining the rapid growth of stored-value cards in Japan, regulation has also played an important role in enabling their use. In Japan, the regulation of stored-value cards has been mostly left to the Prepaid Card Law, which provides a comparatively simple regulatory framework with flexible capital requirements. The European Union ("EU") and France provide a compelling counter-example to Japan; the EU has pursued a different regulatory course and demand for stored-value cards has remained low there. Pressed by monetary concerns, the EU has directed its member countries to regulate electronic money according to its E-Money Directive. Following this Directive, France implemented a complex three-tiered regulatory framework with high capital requirements. European regulators are now questioning the Directive, which appears to have stifled the growth of stored-value cards. With Japan steaming ahead with stored-value cards, regulators worldwide may want to look to Japan for guidance.

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  |  Issue 2  |  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  |  Issue 1  |  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

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


Digital archive link

Visit the Marian Gould Gallagher Law Library digital archives. for the complete collection of articles and abstracts for the Pacific Rim Law & Policy Journal

Recent Journal Volumes (past 5 years)