Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (22)
- Social and Behavioral Sciences (15)
- Criminal Law (9)
- International and Area Studies (8)
- Asian Studies (7)
-
- Political Science (6)
- Human Rights Law (5)
- Constitutional Law (3)
- Courts (3)
- Physical Sciences and Mathematics (3)
- Sociology (3)
- Arts and Humanities (2)
- Comparative and Foreign Law (2)
- Computer Sciences (2)
- Criminal Procedure (2)
- Economics (2)
- Evidence (2)
- Law and Society (2)
- Political Economy (2)
- African Studies (1)
- American Politics (1)
- Applied Mathematics (1)
- Civil Law (1)
- Commercial Law (1)
- Control Theory (1)
- Criminology (1)
- Databases and Information Systems (1)
- Diplomatic History (1)
- Environmental Law (1)
- Environmental Sciences (1)
- Keyword
-
- Singapore (3)
- Constitutional law (2)
- Human rights (2)
- Accountability (1)
- Adversarial Democracy (1)
-
- British Empire (1)
- Campaign Contributions (1)
- Canada (1)
- Capital Cities (1)
- Capitalism (1)
- Civil society (1)
- Colonialism (1)
- Constitutional interpretation (1)
- Corruption (1)
- Courts (1)
- Crime (1)
- Crime business (1)
- Criminal enterprise (1)
- Criminal proceedings (1)
- Democracy (1)
- Economics of information security (1)
- Edmund Burke (1)
- European Union countries (1)
- Fundamental liberties (1)
- Globalization (1)
- Hacker (1)
- Heat island (1)
- Heat wave (1)
- Human rights law (1)
- IBSA (1)
Articles 1 - 30 of 32
Full-Text Articles in Entire DC Network
Taking Crime Out Of Crime Business, Mark James Findlay, Nafis Hanif
Taking Crime Out Of Crime Business, Mark James Findlay, Nafis Hanif
Research Collection Yong Pung How School Of Law
It is one thing to assert that conventional market analysis is critically useful in understanding criminal enterprise. It is more challenging to suggest that corrupt and compromised legal regulation interacts with other critical market variables to maximise market advantage for crime business in a similar manner to legitimate regulatory forces in their protection and enhancement of legitimate business enterprise. The central argument of this paper is that crime business mirrors other business forms when considered in terms of critical market variables, and that in particular regulatory forces when inverted from their original purposes can influence market conditions in the same …
A Preliminary Survey Of The Right To Presumption Of Innocence In Singapore, Siyuan Chen
A Preliminary Survey Of The Right To Presumption Of Innocence In Singapore, Siyuan Chen
Research Collection Yong Pung How School Of Law
The right to presumption of innocence is said to exist in almost all criminal justice systems, including Singapore. Curiously, however, no Singapore case has ever attempted to establish the exact source and contours of this longstanding right. This is unsatisfactory, as this diminishes the meaningfulness of what is supposed to be a fundamental right in the criminal justice process. The primary aim of this article is thus to conduct a preliminary survey of the law on the presumption of innocence in Singapore. It begins by proposing the Woolmington conception as a workable starting point, but posits a guiding principle to …
Creating The Park Cool Island In An Inner-City Neighborhood: Heat Mitigation Strategy For Phoenix, Az, Juan Declet-Barreto, Anthony J. Brazel, Chris A. Martin, Winston T. L. Chow, Sharon L. Harlan
Creating The Park Cool Island In An Inner-City Neighborhood: Heat Mitigation Strategy For Phoenix, Az, Juan Declet-Barreto, Anthony J. Brazel, Chris A. Martin, Winston T. L. Chow, Sharon L. Harlan
Research Collection School of Social Sciences
We conducted microclimate simulations in ENVI-Met 3.1 to evaluate the impact of vegetation in lowering temperatures during an extreme heat event in an urban core neighborhood park in Phoenix, Arizona. We predicted air and surface temperatures under two different vegetation regimes: existing conditions representative of Phoenix urban core neighborhoods, and a proposed scenario informed by principles of landscape design and architecture and Urban Heat Island mitigation strategies. We found significant potential air and surface temperature reductions between representative and proposed vegetation scenarios: 1) a Park Cool Island effect that extended to non-vegetated surfaces; 2) a net cooling of air underneath …
Do Hackers Seek Variety? An Empirical Analysis Of Website Defacements, Kok Wei Ooi, Seung-Hyun Kim, Qiu-Hong Wang, Kai Lung Hui
Do Hackers Seek Variety? An Empirical Analysis Of Website Defacements, Kok Wei Ooi, Seung-Hyun Kim, Qiu-Hong Wang, Kai Lung Hui
Research Collection School Of Computing and Information Systems
The importance of securing the cyberspace is higher than ever along with the evolution of cyber attacks launched by hackers with malicious intention. However, there has been little research to understand the hackers who are the most important agents determining the landscape of information security. This paper investigates the behaviors of hackers using a longitudinal dataset of defacement attacks. Based on theories of economics of criminal behaviors and variety seeking, we find that hackers seek variety in choosing their victims in terms of region, hacking method, and the type of operating systems; as their prior experience is focused in terms …
Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee
Shall The Twain Never Meet? Competing Narratives And Discourses Of The Rule Of Law In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article aims to assess the role played by the rule of law in discourse by critics of the Singapore Government’s policies and in the Government’s responses to such criticisms. It argues that in the past the two narratives clashed over conceptions of the rule of law, but there is now evidence of convergence of thinking as regards the need to protect human rights, though not necessarily as to how the balance between rights and other public interests should be struck. The article also examines why the rule of law must be regarded as a constitutional doctrine in Singapore, the …
Social And Adversarial Varieties Of Democracy: Which Produces Fewer Criminals?, Devin K. Joshi
Social And Adversarial Varieties Of Democracy: Which Produces Fewer Criminals?, Devin K. Joshi
Research Collection School of Social Sciences
This article explores the relationship between two prominent varieties of democracy and the size of a country’s prison population. Theoretically, it proposes that social democracies increase social and economic equality which reduces both the “demand for crime” and the number of criminals. Adversarial democracies, on the other hand, generate higher levels of inequality and insecurity that lead to higher levels of crime. Utilizing a structured, focused comparison of Nordic social democracies and Anglo-American adversarial democracies complemented by cross-sectional multiple regression analysis of twenty industrialized democracies, I find empirical support for both of these conjectures. A major implication of this study …
‘The Messaging Effect’: Eliciting Credible Historical Evidence From Victims Of Mass Crimes, Mahdev Mohan
‘The Messaging Effect’: Eliciting Credible Historical Evidence From Victims Of Mass Crimes, Mahdev Mohan
2008 Asian Business & Rule of Law initiative
No abstract provided.
Paradox In Preventing And Promoting Torture: Marginalising 'Harm' For The Sake Of Global Ordering: Reflections On A Decade Of Risk/Security Globalisation, Mark Findlay
Research Collection Yong Pung How School Of Law
The ultimate result of globalisation is that as the world setting is compressed there is an intensification of consciousness towards global interests, such as selective ordering, running parallel with strongly influential autonomous interests of the nation state and regional concerns. However, as risk and security disproportionately motivate globalisation, dominant nation state interests (which are at the heart of what operationalises global hegemony) become the prevailing measure of global ordering. Attitudes to ‘harm’ converge around these sectarian interests from the local to the global. As such, the need to torture, it is logically and even ‘legally’ argued, to better ensure domestic …
Exit, Freedom, And Gender, Chandran Kukathas
Exit, Freedom, And Gender, Chandran Kukathas
Research Collection School of Social Sciences
Day and night I ponder on the means by which it might be possible to escape the strictmoral code and customs of my country yet … The old Eastern traditions are firm and strongbut I could shake them from me, break them, if it were not for that other bond, even moresecurely and strongly fixed than any centuries old tradition, which binds me to my world:the love I have for those who gave me life, to whom I owe everything, everything – RadenAdjeng Kartini, 25 May 1899, Japara
Proportionality In Interpreting Constitutions: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee
Proportionality In Interpreting Constitutions: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Few rights that are guaranteed by constitutions and bills of rights are expressed to be absolute. In many jurisdictions, the legislature is permitted to impose restrictions on rights for specified reasons and under particular conditions. However, constitutional or bill of rights text often do not expressly indicate how the courts should determine that applicants’ rights have been legitimately restricted. To this end, courts in jurisdictions such as Canada and the United Kingdom have adopted the European doctrine of proportionality. Essentially, this requires them to balance opposing types of public interests – the interest sought to be protected by the rights …
The Judicial Discretion To Exclude Relevant Evidence: Perspectives From An Indian Evidence Act Jurisdiction, Siyuan Chen
The Judicial Discretion To Exclude Relevant Evidence: Perspectives From An Indian Evidence Act Jurisdiction, Siyuan Chen
Research Collection Yong Pung How School Of Law
Stephen’s ground-breaking Indian Evidence Act contained ideas that appear unfamiliar in the context of modern rules of evidence. Singapore is an Indian Evidence Act jurisdiction which has retained those ideas, such as the non-distinction between relevance and admissibility, the framing of exclusionary rules in inclusionary terms, and the prohibition against relying on common law developments inconsistent with the Evidence Act. These peculiarities should have presented obstacles to the applicability of the common law concept of the judicial discretion to exclude relevant evidence, but this has not been the case. In this article, I first suggest why Singapore courts might have …
Reliability And Relevance As The Touchstones For Admissibility Of Evidence In Criminal Proceedings: Muhammad Bin Kadar V Pp [2011] 3 Slr 1205 [Case Note], Siyuan Chen
Research Collection Yong Pung How School Of Law
The Court of Appeal in Muhammad bin Kadar v PP [2011] 3 SLR 1205 (“Kadar”) formally recognised the judicial discretion to exclude evidence as an integral part of the law on criminal evidence in Singapore. This discretion, the court held, would help ensure that all evidence coming before the court would be as reliable as possible. While this commentary agrees that the foundational basis for the exclusionary discretion doctrine is desirable, it suggests that there are difficulties with the application of the doctrine. An alternative approach that works around the difficulties is canvassed for consideration.
International Human Rights Law And Social Movements: States' Resistance And Civil Society's Insistence, Kiyoteru Tsutsui, Claire Whitlinger, Alwyn Lim
International Human Rights Law And Social Movements: States' Resistance And Civil Society's Insistence, Kiyoteru Tsutsui, Claire Whitlinger, Alwyn Lim
Research Collection School of Social Sciences
This review examines recent scholarship on the rise of international human rights law and proposes that social movements have played critical roles both in elevating the standards of human rights in international law and in leveraging these standards into better local practices. Institutionalization of universal human rights principles began in the immediate post–World War II period, in which civil society actors worked with powerful states to establish human rights as a key guiding principle of the international community and to ensure the actors' continuing participation in international human rights institutions. The subsequent decades saw various hurdles arise in international politics, …
Creating Access To Quality Legal Representation – The Queen's Counsel (Re)Appears In Singapore, Kwan Ho Lau
Creating Access To Quality Legal Representation – The Queen's Counsel (Re)Appears In Singapore, Kwan Ho Lau
Research Collection Yong Pung How School Of Law
Litigants coming up against a large banking institution or corporation in Singapore have not always been able to procure quality legal representation. The larger law firms there, with their established dispute resolution practices and stables of Senior Counsel, are often unable or unwilling to act in litigation against their institutional clients. This article investigates the extent of the problem and the Ministry of Law’s soluion of easing the criteria for ad hoc admission of Queen’s Counsel in Singapore. The author then looks, in some detail, at the factors that a court might consider in any foreign lawyer’s application for admission. …
Not A Partnership In Pepper, Coffee, Callico, Or Tobacco: Edmund Burke And The Vicissitudes Of Colonial Capitalism, Onur Ulas Ince
Not A Partnership In Pepper, Coffee, Callico, Or Tobacco: Edmund Burke And The Vicissitudes Of Colonial Capitalism, Onur Ulas Ince
Research Collection School of Social Sciences
This essay examines the tensions between liberalism and capitalism through an analysis of Edmund Burke's works on eighteenth-century liberal political economy and, specifically the challenges posed by colonial capitalism. When criticizing the East India Company Burke attempted to fortify "commercial" principles, on which British self-image rested, against the "rapacious" policies of British imperialism in India, which threatened this liberal self-image. His denunciation of the Company thus can be construed as an index to broader contradictions between the liberal self-image of capitalism and the coercive processes of colonial displacement and extraction that were an integral part of capitalism's emergence. The article, …
Are You Networked Yet? On Dialogues Within European Judicial Networks, Monica Claes, Maartje De Visser
Are You Networked Yet? On Dialogues Within European Judicial Networks, Monica Claes, Maartje De Visser
Research Collection Yong Pung How School Of Law
The article examines the modality of judicial dialogue and the practical workings of less institutionalized judicial networks in Europe. Topics discussed include the definition of constitutional pluralism, network, and dialogue, the participation of judges in judicial networks, and the relationship between the Court of Justice of the European Union (CJEU) and the national courts.
Isolated Capital Cities, Accountability And Corruption: Evidence From Us States, Filipe R. Campante, Quoc-Anh Do
Isolated Capital Cities, Accountability And Corruption: Evidence From Us States, Filipe R. Campante, Quoc-Anh Do
Research Collection School Of Economics
We show that isolated capital cities are robustly associated with greater levels of corruption across US states. In particular, this is the case when we use the variation induced by the exogenous location of a state’s centroid to instrument for the concentration of population around the capital city. We then show that different mechanisms for holding state politicians accountable are also affected by the spatial distribution of population: newspapers provide greater coverage of state politics when their audiences are more concentrated around the capital, and voter turnout in state elections is greater in places that are closer to the capital. …
Legal Constraints To The European Union’S Accession To The International Maritime Organization, Nengye Liu, Frank Maes
Legal Constraints To The European Union’S Accession To The International Maritime Organization, Nengye Liu, Frank Maes
Research Collection Yong Pung How School Of Law
There is no doubt that the European Union (EU) has become a global actor. The global or intemational context in which the EU has sought to define its identity, promote its interests and constmct its policies, is increasingly seen as the stage on which the EU must act.' Frank Hoffmeister indicates that, the EU has been actively involved in most of the significant international organizations, though many of these organizadons have been less flexible regarding the full membership of the EU.
The Future Of Digital Lockers, Warren B. Chik
The Future Of Digital Lockers, Warren B. Chik
Research Collection Yong Pung How School Of Law
This article discusses the legalissues and legitimacy of changing online data storage and delivery facilities.
Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee
Reforming The Right To Legal Counsel In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This is an opinion prepared for the Criminal Law Committee of the Law Society of Singapore on an arrested person’s right to legal counsel in Singapore. Specifically, it deals with the following: (1) it summarizes pertinent aspects of the law relating to the right to legal counsel in Singapore; (2) it surveys a number of ASEAN and Commonwealth jurisdictions to determine how long after apprehension the right to counsel is generally accorded to arrested persons, and compares the legal position in these jurisdictions to the situation in Singapore; and (3) it examines two rights ancillary to the right to legal …
South Africa, Multilateralism And The Global Politics Of Development, Eduard Jordaan
South Africa, Multilateralism And The Global Politics Of Development, Eduard Jordaan
Research Collection School of Social Sciences
South Africa was recently included as a member of the BRICS grouping. South Africa's formal association with the powerful original members suggests that it possesses some international clout. Although South Africa pursues an active foreign policy, for example, as a region organizer, notably through New Partnership for Africa's Development, and as an issue leader championing development-related concerns, the normative direction of South Africa's international involvement has been unclear and often contradictory. This article illustrates how South Africa adheres to and departs from liberal principles when involved in the global politics of development. Middlepowership and domestic politics are identified as two …
Policing, Popular Culture And Political Economy: Towards A Social Democratic Criminology [Book Review], Mark Findlay
Policing, Popular Culture And Political Economy: Towards A Social Democratic Criminology [Book Review], Mark Findlay
Research Collection Yong Pung How School Of Law
No abstract provided.
A Comparative Study Of Cyberattacks, Seung Hyun Kim, Qiu-Hong Wang, Johannes B. Ullrich
A Comparative Study Of Cyberattacks, Seung Hyun Kim, Qiu-Hong Wang, Johannes B. Ullrich
Research Collection School Of Computing and Information Systems
Cyberattacks are computer-to-computer attacks undermining the confidentiality, integrity, and/or availability of computers and/or the information they hold. The importance of securing cyberspace is increasing, along with the sophistication and potential significance of the results of the attacks. Moreover, attacksb involve increasingly sophisticated coordination among multiple hackers across international boundaries, where the aim has shifted from fun and self-satisfaction to financial or military gain, with clear and self-reinforcing motivation; for example, the number of new malicious code threats worldwide increased more than 71% from 2008 to 2009.
Sham Of The Moral Court? Testimony Sold As The Spoils Of War, Mark Findlay, Sylvia Ngane
Sham Of The Moral Court? Testimony Sold As The Spoils Of War, Mark Findlay, Sylvia Ngane
Research Collection Yong Pung How School Of Law
This paper analyses the critical influences on witness-based truth-telling for judicial decision-making in the international criminal tribunals. The judicial fixation on witness testimony reflects the weight and legitimacy given to personal testimony before international courts. This weight must be balanced by the awareness that a witness may provide false testimony intentionally, or may be coaxed by third parties to provide such testimony, as has been evidenced recently before the ICC. If witness testimony is tainted then its capacity to endorse the truth-finding function of the court is compromised. As a consequence the ability to assert that the tribunal is a …
Expecting The Right Thing: The Imperative For Recognising Substantive Legitimate Expectations In Singapore, Siraj Aziz Shaik, Yi Siong Sui
Expecting The Right Thing: The Imperative For Recognising Substantive Legitimate Expectations In Singapore, Siraj Aziz Shaik, Yi Siong Sui
2008 Asian Business & Rule of Law initiative
Recognition of a legitimate expectation for a substantive benefit has long been fraught with controversy both within jurisdictions that do and do not adopt the doctrine. This article seeks to assess the validity and utility of the doctrine of substantive legitimate expectations as it has developed in common law jurisdictions and extrapolate a conclusion which would be of guidance as to what the Singapore position on the doctrine ought to be. This article argues that on balance the doctrine of substantive legitimate expectations is a welcome addition to the landscape of administrative law in Singapore, and that the seminal case …
A Look Back At Public Policy, The Legislature, The Courts And The Development Of Copyright Law In Singapore: Twenty-Five Years On, George S. S. Wei
A Look Back At Public Policy, The Legislature, The Courts And The Development Of Copyright Law In Singapore: Twenty-Five Years On, George S. S. Wei
Research Collection Yong Pung How School Of Law
The purpose of this article is to review the development of copyright law in Singapore over the past 25 years and to examine how public policy considerations have shaped legislative and judicial development of copyright law principles. The article begins with a review of legislative activity and includes a brief survey of the public consultation exercises that have taken place on reform proposals. Included is a discussion of statutory amendments in respect of exhaustion of rights and fair dealing. This is followed by a discussion of some copyright case law, with a view to identifying judicial copyright policy approaches and …
Beyond Minority Report: Pre-Crime, Pre-Punishment And Pre-Desert, John N. Williams
Beyond Minority Report: Pre-Crime, Pre-Punishment And Pre-Desert, John N. Williams
Research Collection School of Social Sciences
Utilitarian ethics are apparently incommensurable with other ethical perspectives. Faced with a choice between maximizing general benefit to society and committing an act of injustice, those of us who reject utility in favor of justice are powerless to change the viewpoint of someone who rejects justice in favor of utility. Since there are no higher ethical principles that overarch both principles of utility and principles of justice, both sides must run out of reasons when deciding which principles should be put first. But the unreasoned decision is ineluctable, because there are possible cases in which the principles conflict.1 This kind …
Possession And Knowledge In The Misuse Of Drugs Act: Nagaenthran A/L K Dharmalingam V. Public Prosecutor, Siyuan Chen, Nathaniel Poon-Ern Khng
Possession And Knowledge In The Misuse Of Drugs Act: Nagaenthran A/L K Dharmalingam V. Public Prosecutor, Siyuan Chen, Nathaniel Poon-Ern Khng
Research Collection Yong Pung How School Of Law
When the Court of Appeal rendered the decision of Tan Kiam Peng in 2008, it was unable to come to a conclusive determination of the correct interpretation of s. 18(2) of the Misuse of Drugs Act, a provision pertaining to the presumption of an accused’s knowledge of the nature of the controlled drugs in his possession. This issue was presented to a differently constituted Court of Appeal in Nagaenthran, which seemingly ruled in favour of the narrow interpretation of s. 18(2) as opposed to the broader interpretation. Nagaenthran, however, did not address the questions raised by Tan Kiam Peng vis-à-vis …
The Expanding Limits Of Prosecutorial Discretion: Ramalingam Ravinthran V Attorney-General [2012] Sgca 2, Siyuan Chen
The Expanding Limits Of Prosecutorial Discretion: Ramalingam Ravinthran V Attorney-General [2012] Sgca 2, Siyuan Chen
Research Collection Yong Pung How School Of Law
The applicant was convicted of drug trafficking under the Misuse of Drugs Act and sentenced to hang. His appeal to the Court of Appeal was unsuccessful, but he filed a Criminal Motion to reopen judgment. He alleged a violation of his right to equality guaranteed by the Constitution of the Republic of Singapore; the alleged violation occurred when another accused who was involved in the same criminal enterprise (both had trafficked the same bag containing the drugs) was charged with trafficking in an amount of drugs quantified just below the threshold for the mandatory death penalty, while the accused was …
Transnational Public Policy In Civil And Commercial Matters, Adeline Swee Ling Chong
Transnational Public Policy In Civil And Commercial Matters, Adeline Swee Ling Chong
Research Collection Yong Pung How School Of Law
No abstract provided.