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 22
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Issue 2
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March 2013
NOTE FROM THE EDITORS
Editors
22 Pac. Rim L. & Pol'y J. 237
abstract
full article
INTRODUCTION
Jonathan A. Franklin
22 Pac. Rim L. & Pol'y J. 239
abstract
full article
UNDRIP AND THE INTERVENTION: INDIGENOUS SELF-DETERMINATION, PARTICIPATION, AND RACIAL DISCRIMINATION IN THE NORTHERN TERRITORY OF AUSTRALIA
Anna Cowan
22 Pac. Rim L. & Pol'y J. 247
abstract
full article
INDIGENOUS RESTITUTION IN SETTLING WATER CLAIMS: THE DEVELOPING CULTURAL AND COMMERCIAL REDRESS OPPORTUNITIES IN AOTEAROA, NEW ZEALAND
Jacinta Ruru
22 Pac. Rim L. & Pol'y J. 311
abstract
full article
THE STRUGGLE FOR LAWS OF FREE, PRIOR, AND INFORMED CONSULTATION IN PERU: LESSONS AND AMBIGUITIES IN THE RECOGNITION OF INDIGENOUS PEOPLES
Elizabeth Salmón G.
22 Pac. Rim L. & Pol'y J. 353
abstract
full article
PROTECTING THE SPIRITUAL BELIEFS OF INDIGENOUS PEOPLES-AUSTRALIAN CASE STUDIES
Michael Blakeney
22 Pac. Rim L. & Pol'y J. 391
abstract
full article
RECOGNIZING THE FEMINIZATION OF DISPLACEMENT: A PROPOSAL FOR A GENDER-FOCUSED APPROACH TO LOCAL INTEGRATION IN ECUADOR
Johanna L. Gusman
22 Pac. Rim L. & Pol'y J. 429
abstract
full article
CHINA'S FOREIGN INVESTED PARTNERSHIP ENTERPRISE LAW: THE LIFELESS OR SLEEPING DRAGON?
Samuel H. Shaddox
22 Pac. Rim L. & Pol'y J. 469
abstract
full article
Volume 22
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Issue 1
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January 2013
PROSECUTION REVIEW COMMISSIONS, THE PUBLIC INTEREST, AND THE RIGHTS OF THE ACCUSED: THE NEED FOR A "GROWN UP" IN THE ROOM
Carl F. Goodman
22 Pac. Rim L. & Pol'y J. 1
The recent amendments to Japan’s Inquest of Prosecution Law (popularly called the Prosecution Review Commission (“PRC”) Law) give the eleven lay member PRC (and their court appointed lawyers) unreviewable authority to compel the prosecutions and appeals of defendants who the professional prosecutor service has determined do not require indictment and prosecution. Viewed as “democratic” because it brings lay participation to the criminal justice system, the PRC process differs sharply from the American Federal Grand Jury because it places ordinary citizens at risk of potential retribution and the political system at risk of possible “gaming” of the process for political advantage, much as was the case with the Special Prosecutor’s Law in the United States. To date, PRCs have compelled prosecution of five defendants (of whom two have been found not guilty), one indictment has been dismissed, one defendant is being tried for professional negligence after the professionals on whose advice he relied were found not guilty (in a prosecution by professional prosecutors), and one is on trial despite a serious statute of limitations question. The indictment of a powerful political figure (found not guilty but the court appointed prosecutors have appealed) had serious political repercussions in Japan and caused political turmoil in the first non-Liberal Democratic Party majority elected party and government in the Post War era.
This article reviews the PRC experience in comparison to the U.S. experience with the Special Prosecutor Law and the prosecutions mandated by the PRC to date. Five changes to the PRC process are suggested that, while allowing citizen participation in the indictment and prosecution process, would preserve the rights of those accused and protect the national interest.
full article
CONFUCIAN JURISPRUDENCE IN PRACTICE: PRE-TANG DYNASTY PANWEN (WRITTEN LEGAL JUDGEMENTS)
Norman P. Ho
22 Pac. Rim L. & Pol'y J. 49
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WHERE ARE WE NOW AND WHERE SHOULD WE HEAD FOR? A REFLECTION ON THE PLACE OF EAST ASIA ON THE MAP OF SOCIO-LEGAL STUDIES
Setsuo Miyazawa
22 Pac. Rim L. & Pol'y J. 113
abstract
full article
COLOMBIA'S POETIC WORLD OF AUTHORS' MORAL RIGHTS: CONSIDERATIONS ON IMPRISONING A PROFESSOR FOR PLAGIARISM
Carlos Castellanos Rubio (Translated by David Cromwell)
22 Pac. Rim L. & Pol'y J. 141
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full article
PUNISHING THE PEN WITH THE SWORD?: COLOMBIA'S NEW, EXTREME, AND INEFFECTIVE PUNISHMENT FOR PLAGIARISM
David Cromwell
22 Pac. Rim L. & Pol'y J. 157
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full article
REVERSE REVOLUTION: RUSSIA'S CONSTITUTIONAL CRISIS
Sarah E. Cox
22 Pac. Rim L. & Pol'y J. 179
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full article
FATAL FLAWS: NEW ZEALAND'S HUMAN TISSUE ACT FAILS TO PROVIDE AN AVENUE FOR INDIVIDUALS TO GIVE LEGALLY BINDING INFORMED CONSENT
Jennifer J. Howard
22 Pac. Rim L. & Pol'y J. 209
abstract
full article