Pacific Rim Law & Policy Journal

Articles from Vol. 16, No. 1, January

Controlling Business Method Patents: How the Japanese Standard for Patenting Software Could Bring Reasonable Limitations to Business Method Patents in the United States
Abstract: In recent years, the United States has expanded the scope of subject matter that can be patented. The Court of Appeals for the Federal Circuit has evolved a standard that allows inventors to patent software as long as it produces a useful and...
Customary International Humanitarian Law and Multinational Military Operations in Malaysia
Abstract: The International Committee of the Red Cross published a study in 2005 identifying rules of customary international law applicable to armed conflict and theoretically binding on all nations. This study found that customary state practice has...
Ending the Silence: Thai H-2a Workers, Recruitment Fees, and the Fair Labor Standards Act
Abstract: Increasing numbers of Thai workers are coming to the United States using "H-2A" temporary agricultural worker visas. Compared with their Latin American counterparts, Thai H-2A workers are more vulnerable to poor working conditions and other...
Establishing Secondary Liability with a Higher Degree of Culpability: Redefining Chinese Internet Copyright Law to Encourage Technology Development
Abstract: While enjoying the tremendous economic benefit brought by the Internet to the nation, China has been attempting to update its intellectual property law to address online copyright infringement issues. The current legal framework, which premises...
Heightened Security: The Need to Incorporate Articles 3bis(1)(a) and 8bis(5)(e) of the 2005 Draft Sua Protocol into Part VII of the United Nations Convention on the Law of the Sea
Abstract: Maritime terrorism on the Pacific Ocean is a growing threat. Terrorists can take advantage of widening gaps in the world's maritime security regime. The current incarnation of the legal framework surrounding the nonflag-state right of visit...
Introduction to the New Company Law of the People's Republic of China
Abstract: This article briefly analyzes the new Company Law and its effects on doing business in China. After a brief history of the previous version of the law, this article examines the many changes to management and articles of association, capital...
Judgment on Unfair Competition Dispute between Baidu Online Network Technology (Beijing) Ltd. Co. and Beijing 3721 Technology Ltd. Co
I. TRANSLATOR'S NOTEOn October 20, 2003, Baidu Online Network Technology (Beijing) Ltd., Co. ("Baidu"), a Nasdaq-listed company known as the "Google of China,"1 filed a suit against its competitor Beijing 3721 Technology Ltd. Co. ("3721")2 in Beijing...
Perverse Main Bank Rescue in the Lost Decade: Proof That Unique Institutional Incentives Drive Japanese Corporate Governance
Abstract: Two of the most prominent Japanese corporate governance scholars, Professors Miwa and Ramseyer ("M&R"), have recently published numerous articles and a book setting out their contrarian free-market theory of Japanese corporate governance....
The Marriage Amendment Act: Can Australia Prohibit Same-Sex Marriage?
Abstract: Both the United States and Australia have federal legislation, the Defense of Marriage Act1 and the Marriage Amendment Act 2004,2 that defines marriage as a union between a man and a woman. Australia has an express provision in its constitution...
The Persecutor Bar in U.S. Immigration Law: Toward a More Nuanced Understanding of Modern "Persecution" in the Case of Forced Abortion and Female Genital Cutting
Abstract: Congress installed the persecutor bar to asylum seekers in the United States thirty years after the end of World War II to facilitate the deportation of Nazi war criminals. The persecutor bar's legal evolution was rooted in part in the practical...
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