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
Most scholarship on Chinese legal philosophy has neglected the study of Confucian jurisprudence in practice. As a result of this incomplete portrayal, scholars predominantly view the premodern Chinese Confucian legal tradition as lacking a rule of law system, which has led to blaming Confucianism for much of China’s modern and historical rule of law problems. This article seeks to complicate this view by examining Confucian jurisprudence in practice: specifically, the development of pre-Tang dynasty panwen (written legal judgments). Through analysis of specific panwen from various Chinese primary sources—many of which have never been translated into English—this article will show that even in Chinese antiquity the legal system was not solely marked by codification or the lack of the rule of law, but was far more complex and diverse than most scholars have portrayed. For example, elements of case law played an important role in Chinese legal history. Indeed, it is an especially good time to build our understanding of the use of cases and the role of panwen, in China’s legal past given the Supreme People’s Court’s recent emphasis on the role of case law in contemporary Chinese jurisprudence.
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
abstract
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