Volume 14, Issue 1
This fall, the Asian-Pacific Law & Policy Journal (“APLPJ”) editors ambitiously strove to edit and publish more than double the number of pieces we have published in the past. These thirteen pieces are spread between two issues: Volume 14, Issue 1 and Issue 2. Volume 14, Issue 1 is comprised of articles, comments, and a translation that primarily traversed our standard submission process. Volume 14, Issue 2 is comprised of articles, an essay, a comment, and adaptions of presentations that resulted from our Spring 2012 symposium, Rainbow Rising: Community, Solidarity, and Scholarship. Here, APLPJ proudly presents Volume 14, Issue 1.
Published in this issue are two articles, three comments, and one translation. As a whole, these pieces provide an enlightening perspective on the Asia-Pacific region. Individually, the pieces can be separated into two general categories: regional and local. What follows is a brief overview of each piece, oriented within its category.
In their article and comment, respectively, U.S. Navy Commander and active duty Judge Advocate Jonathan Odom, and William S. Richardson School of Law (“WSRSL”) J.D. candidate and APLPJ Staff Editor Garrett Halydier provide regional insight. In his article, What Does a “Pivot” or “Rebalance” Look Like? Elements of the U.S. Strategic Turn Towards Security in the Asia-Pacific Region and Its Water, Commander Odom takes a regional focus by exploring the Obama Administration’s 2012 shift in policy towards the Asia-Pacific region through an analysis of speeches, documents, and news reports. Halydier, on the other hand, primarily focuses on Asia in his comment A Hybrid Legal and Economic Development Model that Balances Intellectual Property Protection and Economic Growth: A Case Study of India, Brazil, Indonesia, and Vietnam. In this comment, Halydier merges economic and legal theory to create a new development model that seeks to bridge the chasm that separates the two fields.
Also published in this issue are three pieces that are much more local in scope. In her article, Na Wai E Ho‘ōla i Nā Iwi? Who Will Save the Bones: Native Hawaiians and the Native American Graves Protection and Repatriation Act, University of Hawaiʻi at Mānoa American Studies Ph.D. candidate and WSRSL J.D. E. Sunny Greer provides a case for why it is imperative that Native Hawaiians care for ancestral remains and cultural objects under the Native American Graves Protection Act. Staying in the Pacific, WSRSL J.D. candidate and APLPJ Executive Comments Editor Nicole M. Torres focuses on the need for a U.S. congressional declaration of territorial principles through an analysis of the effects of Rice v. Cayetano on voter classification in the Marianas in her comment Self-Determination Challenges to Voter Classification in the Marianas After Rice v. Cayetano: A Call for Congressional Declaration of Territorial Principles. Finally, WSRSL J.D. candidate and APLPJ Executive Articles Editor Bradley Sova provides a unique overview of the ongoing intellectual property brawl between burger franchises In-N-Out Burger in the United States and Caliburger in Chinain his comment Double-Double Trademark Trouble: In-N-Out and CaliBurger’s International Burger Brawl.
In addition to the articles and comments published in this issue, we also present a translation of Japan’s Act on Special Cases in Handling Gender for People with Gender Identity Disorder (Japan) Law No. 111 of 2003 (Effective Jul. 16, 2004) (the “Act”) by Georgetown School of Law J.D. candidate Chiaki Ota. Although not originally part of this issue, we decided to publish a translation of the Act to complement Takaoka University of Law’s Associate Professor Hiroyuki Taniguchi’s Volume 14, Issue 2 essay entitled Japan’s 2003 Gender Identity Disorder Act: The Sex Reassignment Surgery, No Marriage, and No Child Requirements as Perpetuations of Gender Norms in Japan. Taniguchi presented an early version of this essay as part of our Spring 2012 Rainbow Rising Symposium.
We wish to thank the APLPJ editors who worked so hard this semester to edit so many articles. In addition, we wish to thank our authors for working so graciously with us as we sought to bring this issue to fruition. Finally, we wish to thank our advisor, WSRSL Professor Mark Levin, for his insight and support.
Adair K. Fincher Shirley S. Lou-Magnuson