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
abstract
full article
CONFUCIAN JURISPRUDENCE IN PRACTICE: PRE-TANG DYNASTY PANWEN (WRITTEN LEGAL JUDGEMENTS)
Norman P. Ho
22 Pac. Rim L. & Pol'y J. 49
abstract
full article
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
The following is a translation of Carlos Castellanos Rubio’s article in the June 2011 edition of La Revista de Derecho, Comunicaciones y Nuevas Tecnologías, a Colombian legal periodical. The article discusses a 2010 Colombian Supreme Court of Justice decision that sentenced Professor Luz Mary Giraldo to two years in prison plus monetary and civil sanctions for plagiarizing a student’s thesis, “The Poetic World of Giovanni Quessep.” The decision has been controversial in Colombia for a variety of reasons, and many have accused the Court of judicial activism. Much of this criticism stems from the Court convicting Giraldo of violating the student’s moral right to publish, or not publish, her “unpublished” work, based on an expansive reading of that statute. These critics have pointed out that the student’s work was published, and sitting in her university’s library. Others have decried the severity of the sentence, as it is the first criminal moral rights conviction in Colombian history. In this article, Mr. Castellanos explains how the Court based its decision on a broad interpretation of the personhood theory of copyright, without any discussion of the theory itself or its alternatives. He then suggests potential problems with the Court’s perspective; namely, that it might grant monopolies on unoriginal expressions and ideas, and thus stifle free expression. As a solution, the article proposes that Colombian judges develop and/or adapt analytical tools for filtering out a work’s unprotectable elements from the original, protectable elements, focusing on the idea/expression dichotomy.
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
abstract
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