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 20
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Issue 3
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June 2011
LEGAL COMPLIANCE AND KOREA'S FINANCIAL SERVICES MARKET: A STRATEGIC APPROACH
Young-Cheol Jeong
20 Pac. Rim L. & Pol'y J. 483
abstract
full article
LABOR RELATIONS AND LABOR LAW IN JAPAN
Atsushi Tsuneki and Manabu Matsunaka
20 Pac. Rim L. & Pol'y J. 529
abstract
full article
DIVORCE AND THE BEST INTEREST OF THE CHILD: DISPUTES OVER VISITATION AND THE JAPANESE FAMILY COURTS
Written by Takao Tanase, Translated by Matthew J. McCauley
20 Pac. Rim L. & Pol'y J. 563
abstract
full article
DIVORCE AND THE WELFARE OF THE CHILD IN JAPAN
Matthew J. McCauley
20 Pac. Rim L. & Pol'y J. 589
abstract
full article
TO PLEA OR NOT TO PLEA: THE BENEFITS OF ESTABLISHING AN INSTITUTIONALIZED PLEA BARGAINING SYSTEM IN JAPAN
Priyanka Prakash
20 Pac. Rim L. & Pol'y J. 607
abstract
full article
DEATH PENALTY SENTENCING IN JAPAN UNDER THE LAY ASSESSOR SYSTEM: AVOIDING THE AVOIDABLE THROUGH UNANIMITY
Elizabeth M. Sher
20 Pac. Rim L. & Pol'y J. 635
The Lay Assessor Act of 2004 mandated the creation of a mixed lay judge system, called the saibanin seido. Under this new system, jurors, or lay judges, sit with professional judges to decide the fate of criminal defendants. The Lay Assessor Act requires lay judges to decide both the verdict and sentencing of defendants in the same sitting. The verdict and sentence require support from a majority of the jurors and must include one professional judge on the panel. For certain crimes in Japan, the death penalty is one possible sentence. Under the saibanin seido system, for the first time ever in Japan, lay judges determine whether to hand down a death sentence. Examining psychological research on jury deliberations in the United States, as well as the norms of international law, this comment suggests that Japan adopt a unanimous requirement for a death sentence. Implementing unanimity for capital punishments would allow Japan to adhere to its Constitution and comply with international law standards. The unanimity requirement would foster essential deliberations that do not occur otherwise and is necessary to increase citizen confidence, understanding, and involvement in the criminal justice system. Further, increased deliberation will override emotional influences from trial, such as victim impact statements.
full article
THE PROBLEM OF ENFORCING NATURE’S RIGHTS UNDER ECUADOR'S CONSTITUTION: WHY THE 2008 ENVIRONMENTAL AMENDMENTS HAVE NO BITE
Mary Elizabeth Whittemore
20 Pac. Rim L. & Pol'y J. 659
abstract
full article
Volume 20
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Issue 2
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March 2011
CIVIL JUSTICE AND THE CONSTITUTION: LIMITS ON INSTRUMENTAL JUDICIAL ADMINISTRATION IN JAPAN
Mark A. Levin
20 Pac. Rim L. & Pol'y J. 265
abstract
full article
THE SINGAPORE CHILL: POLITICAL DEFAMATION AND THE NORMALIZATION OF A STATIST RULE OF LAW
Cameron Sim
20 Pac. Rim L. & Pol'y J. 319
abstract
full article
INTRODUCING THE CHINA JURIST SERIES
Timothy Webster
20 Pac. Rim L. & Pol'y J. 355
abstract
full article
INITIAL RESEARCH ON THE MALFUNCTIONS OF THE CRIMINAL PROCESS
Written by Chen Ruihua, Translated by Timothy Webster
20 Pac. Rim L. & Pol'y J. 359
abstract
full article
INCENTIVES FOR CHANGE: CHINA’S CADRE SYSTEM APPLIED TO WATER QUALITY
Wyatt F. Golding
20 Pac. Rim L. & Pol'y J. 399
abstract
full article
UNJUST ENRICHMENT: AN ALTERNATIVE TO TORT LAW AND HUMAN RIGHTS IN THE CLIMATE CHANGE CONTEXT?
Aura Y. Weinbaum
20 Pac. Rim L. & Pol'y J. 429
abstract
full article
VICTORIA’S WINDOW DRESSING: HOW THE ENVIRONMENT EFFECTS ACT 1978 FAILED AT BASTION POINT
Taylor K. Wonhoff
20 Pac. Rim L. & Pol'y J. 455
abstract
full article
Volume 20
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Issue 1
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January 2011
EXPLAINING CONSTITUTIONAL REVIEW IN NEW DEMOCRACIES: THE CASE OF TAIWAN
Nuno Garoupa, Veronica Grembi, and Shirley Ching-Ping Lin
20 Pac. Rim L. & Pol'y J. 1
abstract
full article
CHINA'S COMPLIANCE WITH INTERNATIONAL LAW: WHAT HAS BEEN LEARNED AND THE GAPS REMAINING
Roda Mushkat
20 Pac. Rim L. & Pol'y J. 41
abstract
full article
REGULAR TAKINGS OR REGULATORY TAKINGS? LAND EXPROPRIATION IN RURAL CHINA
Valerie Jaffee Washburn
20 Pac. Rim L. & Pol'y J. 71
abstract
full article
PATENT PROTECTION OF MEDICAL METHODS – FOCUSING ON ETHICAL ISSUES
Written by Yusuke Sato, Translated by Jiameng Kathy Liu
20 Pac. Rim L. & Pol'y J. 125
abstract
full article
DEATH BY A THOUSAND CUTS: INCORPORATING CUMULATIVE EFFECTS IN AUSTRALIA’S ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT
Jessica T. Dales
20 Pac. Rim L. & Pol'y J. 149
abstract
full article
ADDRESSING THE OVERREPRESENTATION OF THE MAORI IN NEW ZEALAND’S CRIMINAL JUSTICE SYSTEM AT THE SENTENCING STAGE: HOW AUSTRALIA CAN PROVIDE A MODEL FOR CHANGE
Joanna Hess
20 Pac. Rim L. & Pol'y J. 179
abstract
full article
A LESSER-KNOWN IMMIGRATION CRISIS: FEDERAL IMMIGRATION LAW IN THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
Robert J. Misulich
20 Pac. Rim L. & Pol'y J. 211
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full article
AN ALTERNATIVE TO IMPACT LITIGATION IN CHINA: THE PROCURATOR AS A LEGAL AVENUE FOR CASES IN THE “PRIVATE FAMILY SPHERE” OF DOMESTIC VIOLENCE
Hai-Ching Yang
20 Pac. Rim L. & Pol'y J. 237
abstract
full article