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23 APLPJ [i] (2021-2022)

handle is hein.journals/aplpj23 and id is 1 raw text is: Editor's Note The editors of the Asian-Pacific Law & Policy Journal (APLPJ) proudly present our Fall 2021 issue (Volume 23, Issue 1). This issue features four articles encompassing a variety of topics, relevant to our readers in the Asia-Pacific region and beyond. Additionally, this issue includes one article written by an APLPJ and William S. Richardson School of Law (WSRSL) alumnus. We are honored to present our first article, Wahiawd Reservoir [Lake Wilson] and the Public Trust: A Neglected State Duty by Devon H. Miller. Miller is a Class of 2021 graduate of the WSRSL and was a Senior Editor with APLPJ. This article examines the Hawai'i Public Trust Doctrine applied to the maintenance and use of the Wahiawa Reservoir also known as Lake Wilson. The article traces the history of legal ownership of private owners and the state, then shows that the state has a fundamental constitutional duty to preserve and protect Wahiawa Reservoir as a trust resource for the people of Hawai'i. This means that the Department of Land and Natural Resources and the Department of Health as agents of the government have a duty to protect the reservoir and they must weigh the current competing private and public uses. Miller concludes that the state has a duty under constitutional, statutory, federal, and state common law, to proactively protect the public trust resource and prevent water pollution by cleaning the shores of the Wahiawa Reservoir, along with addressing and preventing the causes of pollution. The second article we are privileged to present is Causation and a Loss of Chance: The Issues Yet to Be Addressed in Medical Negligance Claims in Thailand, by Khajorndej Direksoonthorn, Judge in the Research Justice Division, Thailand Court of Appeal. Direksoonthorn's credentials also include an M.D. from Chulalongkorn University, Thailand (First Class Honors), an LL.M. from Assumption University, Thailand (Rector's Award for Academic Excellence), an LL.M. from Harvard Law School, United States, and a Master of Health and Medical Law from the University of Melbourne, Australia. In one of the first articles written on this issue, Direksoonthorn discusses the current state of medical negligence litigation in Thailand and the lack of analysis regarding the causation element in those claims. The author evaluates the potential use of the loss of a chance doctrine, utilizing the existing theory of causation and damages discussed in other jurisdictions, and analyzes how the doctrine would apply in Thai jurisprudence. After highlighting considerations around implementing the loss of a chance doctrine for Thai legal practitioners, Direksoonthorn recommends that Thailand adopt a form of the loss of a chance doctrine that may result in fairer results for physicians. The third article we are pleased to present is A Comparative Analysis of the Criminal Exclusionary Rule in the People's Republic of China with the United Kingdom, by Dr. Mark D. Kielsgard, an Associate Professor of Law at City University of Hong Kong, where he serves as the J.D. Program Director and Associate Director/Co-Founder of the Centre for Public Law and Human Rights. Dr. Kielsgard's article reports two original empirical studies analyzing appellate decisions for the years of 2015-18 in the People's Republic of China (PRC) and the United Kingdom (UK). This paper compares use of the recently implemented exclusionary rule in the PRC with the well-established and reputed exclusionary practices in the UK. Dr. Kielsgard describes the legal background out of which the exclusionary rule arose and describes the methodology used in analyzing appellate cases. The Author then analyzes the data and argues