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Full-Text Articles in Law
Getting Beyond Abstract Confusion: How The United Kingdom's Jurisprudence Can Aid In Developing An Analytic Framework For Patent-Eligibility In Light Of Alice V. Cls Bank, Brendon Beheshti
Washington Journal of Law, Technology & Arts
This Article advocates consideration of the United Kingdom’s jurisprudence as persuasive authority for implementation of a new framework for analysis of subject matter eligibility of computer-implemented inventions in light of the United States Supreme Court’s ruling in Alice Corp. v. CLS Bank International. The U.K.’s patent jurisprudence provides a more developed and clear analytic framework that conforms to the policy objectives of Alice, while also avoiding the conceptual problem of determining what is “abstract.” The result is a more useful and concrete analytic framework that also reduces conflicts of laws, and thus can help spur innovation across the …
Introduction. A Remarkable Occurrence: Progress For Civil Society In An "Open" Myanmar, Andrew J. Morgan
Introduction. A Remarkable Occurrence: Progress For Civil Society In An "Open" Myanmar, Andrew J. Morgan
Washington International Law Journal
A remarkable thing happened in Myanmar in the summer of 2013. A government that, in recent decades, enacted and carried out among the most draconian and repressive policies toward civil society organizations in the world sat down with a large, representative body of such organizations to hear criticisms of a recently passed law. Perhaps more remarkably, the government then revised the law in response to these criticisms, fundamentally altering the people’s right to freely associate. This introductory piece to the Pacific Rim Law & Policy Journal’s special edition devoted to Myanmar provides context for this seemingly remarkable occurrence. It demonstrates …
Rediscovering "Law" In Myanmar: A Review Of Scholarship On The Legal System Of Myanmar, Melissa Crouch
Rediscovering "Law" In Myanmar: A Review Of Scholarship On The Legal System Of Myanmar, Melissa Crouch
Washington International Law Journal
Myanmar’s legal system is an understudied area in the academic field of Asian Legal Studies. This article aims to provide a map of legal scholarship in Myanmar that can be built on in the future. It identifies the key issues and arguments that have driven research on law in Myanmar, and the central academics whose oeuvre of publications have sustained the field. It is organized around four broad themes: custom, religion, and the law; public law and governance; corporate law; and the politics of law. It suggests that in order to build the next generation of legal scholarship, future research …
Foreigners In Burma: A Framework For Responsible Investment, Rachel E. Ryon
Foreigners In Burma: A Framework For Responsible Investment, Rachel E. Ryon
Washington International Law Journal
Burma is hailed as a great democratic success story: a once-rogue nation holding elections, releasing political prisoners, and promising human rights reforms. The people elected to Parliament Aung San Suu Kyi, the leader of the democratic movement who was under house arrest for more than twenty years. The world responded with applause and open pocketbooks. In April of 2012, Ban Ki-moon, Secretary General of the United Nations, asked members to lift their sanctions on the formerly “rogue” nation and begin investing. But for a resource-rich country with a long track record of corruption, this flood of foreign investment will likely …
Finding Justice Scalia In Burma: Constitutional Interpretation And The Impeachment Of Myanmar's Constitutional Tribunal, Dominic J. Nardi Jr.
Finding Justice Scalia In Burma: Constitutional Interpretation And The Impeachment Of Myanmar's Constitutional Tribunal, Dominic J. Nardi Jr.
Washington International Law Journal
While the comparative courts literature has yielded valuable insights into confrontations between political elites and judges, we still know relatively little about if and how jurisprudential methodology affects the ability of constitutional courts to survive such crises. How does the choice between originalism versus living constitutionalism affect a court’s relationship with the other branches of government? Do political elites tend to be more hostile towards certain methods of interpretation? The 2012 impeachment of Myanmar’s Constitutional Tribunal presents an interesting example of the interplay between jurisprudence and politics. After fifty years of military rule, Myanmar’s 2008 Constitution produced a new civilian …
Myanmar's Democracy Struggle: The Impact Of Communal Violence Upon Rohingya Women And Youth, Engy Abdelkader
Myanmar's Democracy Struggle: The Impact Of Communal Violence Upon Rohingya Women And Youth, Engy Abdelkader
Washington International Law Journal
Since the end of its military rule in 2011, the international community has rewarded Myanmar for perceived political and economic reforms. Still, Burma’s transition to democratic governance is beset by an unfortunate human rights record and marred by state-sanctioned violence against members of its minority Rohingya Muslim population. This article explores the conflict’s impact upon Muslim women and children. It argues that the group is experiencing human rights violations that are specific to its identity and have yet to be adequately recognized and addressed. These violations emanate from discriminatory population control regulations, gender based violence, human trafficking, hard labor, and …
The New Class Actions In Japan, Michael J. Madderra
The New Class Actions In Japan, Michael J. Madderra
Washington International Law Journal
This comment provides the first journal publication on Japan’s new class action law, promulgated on December 11, 2013. In the past, Japanese attorneys used rules of joinder and other alternatives to form de facto class action lawsuits. This comment provides insight into the development of Japan’s new class action law through a discussion of the historical context in which it was created. After discussing the law and its development, this comment argues that Japan should examine U.S. jurisprudence to prepare for challenges to the new class action system. Comparing Japanese and U.S. class action systems is appropriate because of similarities …
Repeating The Failures Of Carbon Trading, Brittany A. Harris
Repeating The Failures Of Carbon Trading, Brittany A. Harris
Washington International Law Journal
Carbon emissions trading, or cap-and-trade, is increasingly in vogue among Pacific Rim countries as a means of combating climate change. In theory, cap-and-trade promises to solve climate change by capping and gradually reducing the amount of carbon dioxide and greenhouse gas emissions, and to do so with maximum economic efficiency. In reality, environmentally effective and economically efficient carbon emission trading systems have eluded both the international community and the European Union, and in practice have arguably increased emissions by artificially prolonging and legitimizing reliance on fossil fuels. In spite of this poor track record, five countries on the Pacific Rim …
Killing A Chicken To Scare The Monkey: The Unequal Administration Of Death In China, Jessica J. Shen
Killing A Chicken To Scare The Monkey: The Unequal Administration Of Death In China, Jessica J. Shen
Washington International Law Journal
China’s frequent usage of the death penalty in order to achieve deterrence of crime is well known to the international community; however, China also has a strong tradition of legal mercy stemming from imperial rule. In turn, imperial legal mercy originated from Confucian values of benevolence and humaneness. Although modern China emerged as a rejection of Imperial China’s Confucian hierarchal social structures, these cultural traditions have endured. For example, Confucianism’s humane influence can be seen in statutory and procedural mechanisms demonstrating benevolence towards criminals. However, only applying this benevolence to a select group of people betrays modern China’s statutory and …
The Slow-Burning Genocide Of Myanmar's Rohingya, Maung Zarni, Alice Cowley
The Slow-Burning Genocide Of Myanmar's Rohingya, Maung Zarni, Alice Cowley
Washington International Law Journal
Since 1978, the Rohingya, a Muslim minority of Western Burma, have been subject to a state-sponsored process of destruction. The Rohingya have deep historical roots in the borderlands of Rakhine State, Myanmar, and were recognized officially both as citizens and as an ethnic group by three successive governments of post-independence Burma. In 1978, General Ne Win’s socialist military dictatorship launched the first large-scale campaign against the Rohingya in Rakhine State with the intent first of expelling them en masse from Western Burma and subsequently legalizing the systematic erasure of Rohingya group identity and legitimizing their physical destruction. This on-going process …
Global Analytical Lessons For Evaluating A Myanmar Sovereign Wealth Fund, Oliver T. Gilbert
Global Analytical Lessons For Evaluating A Myanmar Sovereign Wealth Fund, Oliver T. Gilbert
Washington International Law Journal
After decades of international condemnation, Myanmar, also known as Burma, has initiated rapid political, economic, and legal reforms. In recognition of these reforms, Western governments have broadly curtailed longstanding sanctions against investing in Myanmar. This sudden opportunity for foreign companies to extract Myanmar’s plentiful petroleum resources has increased the need for Myanmar to implement resource revenue management strategies to guard against adverse consequences of the resource curse. Among these strategies is a call by respected global commentators to create a Myanmar sovereign wealth fund (“SWF”). This article describes each of the main effects generally associated with the resource curse and …
Criminal Liability Of Arbitrators In China: Analysis And Proposals For Reform, Duan Xiaosong
Criminal Liability Of Arbitrators In China: Analysis And Proposals For Reform, Duan Xiaosong
Washington International Law Journal
This article is prompted by a Chinese criminal provision governing the impartiality of arbitration. The goals of the article are to critically examine the criminal statute created by the provision and to put forward some proposals for reform, which can be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding United States provision as well as an analysis of some cultural and traditional …
Beyond The Fakultas'S Four Walls: Linking Education, Practice, And The Legal Profession, Stephen A. Rosenbaum
Beyond The Fakultas'S Four Walls: Linking Education, Practice, And The Legal Profession, Stephen A. Rosenbaum
Washington International Law Journal
More than fifty years after the first post-colonial Southeast Asian regional conference on legal education, commentators and educators do not necessarily agree on the appropriate curricular balance between theory, doctrine, and practice, or what role the government should play in directing the orientation of legal studies and careers in Indonesia’s law schools. The author argues in favor of legal education that is rich in experiential learning and integrates the involvement of practitioners and doctrinal faculty. This objective may be a relatively new reality in Indonesia, but also one that needs revitalization in other Southeast Asian nations and beyond. This article …
The Emerging Structures Of Socialist Constitutionalism With Chinese Characteristics: Extra-Judicial Detention And The Chinese Constitutional Order, Larry Catá Backer, Keren Wang
The Emerging Structures Of Socialist Constitutionalism With Chinese Characteristics: Extra-Judicial Detention And The Chinese Constitutional Order, Larry Catá Backer, Keren Wang
Washington International Law Journal
China is developing its own distinctive path towards socialist constitutionalism and rule of law, one that reflects China's history and its unique circumstances but also conforms to the general principles of transnational constitutionalism. The Chinese constitutional order is grounded on a principal of separation of powers that distinguishes between an administrative power assigned to the government and a political authority assigned to the Chinese Communist Party (“CCP”). This constitutional order is reflected in two related but distinct legal contexts—laojiao (the system of administrative detentions, re-education through labor, or “劳动教养”) and shuanggui (the system of intra-CCP discipline of its cadres, …
Why Japan Should Legalize Surrogacy, Trisha A. Wolf
Why Japan Should Legalize Surrogacy, Trisha A. Wolf
Washington International Law Journal
Beyond a recommendation from the Japanese Society of Obstetrics and Gynecology to not work with patients who want to engage in surrogacy contracts, no legal framework exists for regulating surrogacy in Japan. Because of this recommendation, as of December 2013, only one doctor in the entire country will work with families using surrogates. Therefore, Japanese families often travel abroad to use surrogates, generally to the United States, India, or Thailand. Surrogacy tourism creates a number of problems. Babies born to surrogates have been considered stateless because neither the surrogate’s country nor Japan recognizes them as citizens. Furthermore, Japan’s complex family …
Fishers Of Men: The Neglected Effects Of Environmental Depletion On Labor Trafficking In The Thai Fishing Industry, Joanna G. Sylwester
Fishers Of Men: The Neglected Effects Of Environmental Depletion On Labor Trafficking In The Thai Fishing Industry, Joanna G. Sylwester
Washington International Law Journal
Migrant fishermen are left out. Both Thailand’s labor trafficking laws and anti-trafficking measures espoused by international bodies fail to effectively protect men coerced into working in Thailand’s fishing industry. Thailand is a prominent destination for human trafficking victims because of the country’s economic, social, and political conditions. The majority of trafficking victims identified within Thailand are migrants from Thailand’s neighbors—predominantly Myanmar (Burma)—who often escape from conditions of poverty or political persecution. Because of a high demand for Thai fish products and labor shortages in the fishing industry, the commercial fishing industry is a hotbed for labor trafficking. The Government of …
More Market-Oriented Than The United States And More Socialist Than China: A Comparative Public Property Story Of Singapore, Jianlin Chen, Jiongzhe Cui
More Market-Oriented Than The United States And More Socialist Than China: A Comparative Public Property Story Of Singapore, Jianlin Chen, Jiongzhe Cui
Washington International Law Journal
Compared to the more illustrious conceptualization of private property, the conceptualization of public property remains at a surprisingly infantile stage. The very definition of public property is ambiguous. This article utilizes a comparative case study of traffic congestion policies in the United States, China, and Singapore to highlight the conceptual pitfalls posed by the current confusion on public property. This article proposes a refined public property framework that offers greater conceptual clarity on the real issues at stake. In particular, this article argues that “property” in public property should include regulatory permits while “public” in public property should not be …
Government Liability For Regulatory Failure In The Fukushima Disaster: A Common Law Comparison, Joel Rheuben
Government Liability For Regulatory Failure In The Fukushima Disaster: A Common Law Comparison, Joel Rheuben
Washington International Law Journal
This article considers the Japanese government’s response to the 2011 Fukushima nuclear power disaster, in assisting Tokyo Electric Power Company (“TEPCO”) with handling claims for compensation. It argues that in setting guidelines for claims, establishing a government alternative dispute resolution (“ADR”) body to deal with disputes, and creating a convoluted funding structure that has led to the effective nationalization of TEPCO, the government has intervened significantly in what are essentially private disputes governed by the Nuclear Compensation Law. This is contrasted with the less interventionist response of the New South Wales government in Australia to mass tort claims for asbestos …
Supreme People's Court Annual Report On Intellectual Property Cases (2012) (China), Shudan Zhu
Supreme People's Court Annual Report On Intellectual Property Cases (2012) (China), Shudan Zhu
Washington International Law Journal
Beginning in 2008, the Supreme People’s Court of China started publishing the Annual Report on Intellectual Property Cases each April. By summarizing and reviewing intellectual property cases recently decided, the annual reports cover legal issues of general guidance that are selected to reflect adjudication standards and methods, as well as legal policies endorsed by the Supreme People’s Court. This translation includes all 34 cases and 37 legal issues as set forth in the 2012 Annual Report, touching on patent law, trademark law, copyright law, competition law, and litigation procedure. Although China is not a common law country, these cases still …
Reap What You Sow: Soil Pollution Remediation Reform In China, Dustin D. Drenguis
Reap What You Sow: Soil Pollution Remediation Reform In China, Dustin D. Drenguis
Washington International Law Journal
As China undergoes the fastest economic development in the history of the world, so too has its environmental problems shattered all precedents. While China’s leaders recognize they must change course, environmental concerns have long taken a back seat to economic development. Soil pollution is destroying China’s environment, affecting public health, and reducing the country’s food supply. Soil pollution slows China’s economic development, preventing land development in urban centers. Soil pollution also threatens China’s social stability because it has inspired marginalized groups to organize in protest of environmental conditions. Environmental remediation, or the obligations of a facility or the government to …
Reproductive Justice Begins With Contraceptive Access In The Philippines, Elisabeth S. Smith
Reproductive Justice Begins With Contraceptive Access In The Philippines, Elisabeth S. Smith
Washington International Law Journal
Restrictive Philippine laws and a lack of public funding have limited Filipinos’ access to modern contraception, resulting in high maternal mortality rates, high birth rates, unmet needs for family planning, and health disparities between the lowest-income and wealthier women. Following the 1991 decentralization reforms, Local Government Units plan, administer, and fund most Philippine health services. In the context of reproductive healthcare, decentralization has led to inequality, inadequate financing, successful opposition to contraception by the Catholic Church, and a lack of clear national standards. After a fourteen-year legislative struggle, on December 21, 2012, President Aquino signed “The Responsible Parenthood and Reproductive …
Dare You Sue The Tax Collector? An Empirical Study Of Administrative Lawsuits Against Tax Agencies In China, Ji Li
Washington International Law Journal
Though taxes are as certain as death, each year tens of thousands of people in the United States go to court to challenge their assessed tax liabilities, and many succeed. By contrast, very few Chinese taxpayers litigate against tax agencies, and most of those who sue eventually settle, despite low formal litigation costs. China’s nonlitigious culture does not fully explain the reluctance to sue, as courts in Taiwan adjudicate five times more lawsuits against tax agencies. Judicial bias favoring government officials, weak enforcement of judgments against the state, and agency retaliation help to explain the aversion to litigate disputes with …