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Articles 1 - 30 of 35
Full-Text Articles in Law
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
Research Collection Yong Pung How School Of Law
Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …
The Japanization Of American Corporate Governance? Evidence Of The Never-Ending History For Corporate Law, Dan W. Puchniak
The Japanization Of American Corporate Governance? Evidence Of The Never-Ending History For Corporate Law, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
The debate over corporate governance convergence has been heated for years and has created a cottage industry of experts. It is premised on the false assumption that American corporate governance has reached the end of its evolution by adopting a shareholder primacy and dispersed shareholding governance model. This article demonstrates that American corporate governance continues to evolve and that as such the convergence debate is fundamentally flawed and not worth fixing. The point of this article is simple: there is no endpoint corporate governance model. There is no optimally efficient American model. There is no optimally efficient Japanese model. To …
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern post-September 11. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilization” between the Muslim world and the modern world. Having declared itself a terrorist's “iconic target,” Singapore has taken a broad-based community approach in advancing inter-religious tolerance, including a subtle initiative to include the “Muslim civil society” in …
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
The Singapore Academy Of Law Annual Lecture 2007: Australia’S Contribution To The Development Of The Common Law, Delivered By The Honourable Murray Gleeson Ac, Chief Justice Of Australia, Yihan Goh, Nathaniel Khng
The Singapore Academy Of Law Annual Lecture 2007: Australia’S Contribution To The Development Of The Common Law, Delivered By The Honourable Murray Gleeson Ac, Chief Justice Of Australia, Yihan Goh, Nathaniel Khng
Research Collection Yong Pung How School Of Law
No abstract provided.
Giving Voice To The Religious, Seow Hon Tan
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relevance of moral values endorsed by religious persons in public decision-making has often been debated. The issue comes to the fore again in relation to the debate on Section 377A of the Penal Code dealing with acts of gross indecency between males. With the flourishing of diverse viewpoints that is a natural consequence of a liberal democratic society, and with greater participation by an increasingly sophisticated citizenry online and in the media, particularly in a nation in which those without religious affiliations make up only 15 per cent of the population, the ground rules of public discourse must be …
Giving Voice To The Religious, Seow Hon Tan
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relevance of moral values endorsed by religious persons in public decision-making has often been debated. The issue comes to the fore again in relation to the debate on Section 377A of the Penal Code dealing with acts of gross indecency between males. With the flourishing of diverse viewpoints that is a natural consequence of a liberal democratic society, and with greater participation by an increasingly sophisticated citizenry online and in the media, particularly in a nation in which those without religious affiliations make up only 15 per cent of the population, the ground rules of public discourse must be …
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The proposed research will examine Singapore’s response to terrorism post September 11, in particular the maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a ‘conflict of civilization’ between the Muslim world and the modern world. Islamist attacks in Madrid and London have since brought increased urgency to the question of how to contain or moderate Islamic radicalism among …
Taking Stock Of The Creative Commons Experiment: Monitoring The Use Of Creative Commons Licenses And Evaluating Its Implications For The Future Of Creative Commons And For Copyright Law, Giorgos Cheliotis, Warren B. Chik, Ankit Guglani, Giri Kumar Tayi
Taking Stock Of The Creative Commons Experiment: Monitoring The Use Of Creative Commons Licenses And Evaluating Its Implications For The Future Of Creative Commons And For Copyright Law, Giorgos Cheliotis, Warren B. Chik, Ankit Guglani, Giri Kumar Tayi
Research Collection Yong Pung How School Of Law
We provide an analysis of the use of Creative Commons (CC) licenses, an approach to licens-ing creative works which has become very popular among authors who wish to promote more liberal sharing and use of their work. We provide data demonstrating the popularity of CC, ex-amine which specific license types within the CC framework are most popular, and then iden-tify contributing factors for the relative popularity of some of the license types. This includes in-dividual author incentives, the consistency and aims of the online communities which adopt CC as a licensing model, the underlying medium (text, photography, audio, video or …
The Mighty Pen, The Almighty Dollar, And The Holy Hammer And Sickle: An Examination Of The Conflict Between Trade Liberalization And Domestic Cultural Policy With Special Regard To The Recent Dispute Between The Us And China On Restrictions On Certain Cultural Products, Shuchao Henry Gao
Research Collection Yong Pung How School Of Law
The relationship between trade and culture has long been a hot topic in the debate on the conflicts between free trade and non-trade values. The recent case brought by the United States against China in the WTO on the measures affecting trading rights and distribution services for certain publications and audiovisual entertainment products is regarded by many as the latest example of the conflict. This article argues, however, that this case is more about the conflict between economic liberalization and political control. Applying the legal rules under the WTO Agreements and public international law, this paper concludes that the United …
Juries Reborn, Mark Findlay
Juries Reborn, Mark Findlay
Research Collection Yong Pung How School Of Law
In most states and territories in Australia the impact of the jury on criminal justice is being systematically and radically eroded by the expansion of summary jurisdiction.
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Mediation Und Rugby 'Downunder', Nadja Alexander
Mediation Und Rugby 'Downunder', Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
License To Share: The Ugly Side Of Creative Capitalism And The Irony Of The Commons, Warren B. Chik
License To Share: The Ugly Side Of Creative Capitalism And The Irony Of The Commons, Warren B. Chik
Research Collection Yong Pung How School Of Law
In the real world, capitalism has largely influenced the development of the copyright regime as it exists today. However, the emergence of a cyberspace society requires us to revisit communitarian values in the light of the unique features of virtual interaction and the changing expectations and attitudes towards the control and use of creative works. As copyright legal and technological protections continue to expand, private initiatives through creative licensing provide some relief to their restrictions.
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Misunderstanding Corruption And Community: Comparative Politics Of Corruption Regulation In The Pacific, Mark Findlay
Misunderstanding Corruption And Community: Comparative Politics Of Corruption Regulation In The Pacific, Mark Findlay
Research Collection Yong Pung How School Of Law
This paper will take as its empirical foundation the author’s experience of corruption and regulation in small Pacific island states. The argument is that notions of corruption and strategies for its regulation suitable for modernized societies, which lack cultural specificity and community engagement, may in fact stimulate corruption relationships in transitional cultures. The other consequence of the imposition of inappropriate definitions and regulation strategies is a profound misunderstanding of communities of dependence. In fact, corruption control can misconstrue and exacerbate economic and political dependence environments, fostering the conditions for corruption which accompany socio-economic development. Two remedies are suggested. First, corruption …
The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan
The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan
Research Collection Yong Pung How School Of Law
This is an essay on judicial discourse in Singapore and Malaysia pertaining to the nature and scope of the right of access to justice, including access to justice for the poor. We will examine the statements and pronouncements by the Singapore and Malaysia judiciary in case precedents and extra-judicial statements. Some of the issues explored include the legal status of this right of access to justice (namely, whether it is a right enshrined in the constitution or merely a right derived from the common law and whether it is qualified by economic and other interests) and the associated rights of …
Emerging International Criminal Justice, Mark Findlay, Clare Mclean
Emerging International Criminal Justice, Mark Findlay, Clare Mclean
Research Collection Yong Pung How School Of Law
International criminal justice is sufficiently well established to merit an overview of its origins and institutional development. This paper starts out by identifying the institutional indicia of international criminal justice and their close connection to the development of international human rights protections. Underlying these structural and process signposts is some controversy regarding their motivations. Has formal international criminal justice emerged in response to novel and genuine concerns for the safety of humanity, or is it a manifestation of global governance priorities in post conflict scenarios, regional and international?
Cyber-Trespass And 'Unauthorized Access' As Legal Mechanisms Of Access Control: Lessons From The Us Experience, Mary W. S. Wong
Cyber-Trespass And 'Unauthorized Access' As Legal Mechanisms Of Access Control: Lessons From The Us Experience, Mary W. S. Wong
Research Collection Yong Pung How School Of Law
The common law doctrine of trespass to chattels has recently been revived and applied by courts in the United States (US) to cover intrusions (in the form of electronic signals) to computer systems connected to the Internet. These cases represent judicial recognition of the need to protect certain unwanted intrusions in cyberspace, though the principles developed therewith are remarkably expansive. As such, they overlap with the concept of ‘unauthorized access’ under computer misuse legislation in the US and elsewhere. This overlap has yet to be judicially acknowledged. Since the US, the United Kingdom and other common law countries not only …
Terrorism And Relative Justice, Mark Findlay
Terrorism And Relative Justice, Mark Findlay
Research Collection Yong Pung How School Of Law
Terrorist violence and violent justice responses have much in common. While contextually dependant, both forms of violence lay claim to contested legitimacies. The relationships between terrorism and justice responses require both theoretical and empirical examination if the prospects for controlling the violence they perpetrate is to be sharpened.
The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam
The Supreme Court And The Hamiltonian Dilemma, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
Pakistani Supreme Court And Constitutional Space, Shubhankar Dam
Pakistani Supreme Court And Constitutional Space, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam
In Defence Of The Supreme Court: A Conservative View, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam
The Constitutionality Of The President To Hold Another Office Act, 2004: A View From India, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
The Crimson Logic Case: When Is A Judgment Not A Judgment?, S. Chandra Mohan
The Crimson Logic Case: When Is A Judgment Not A Judgment?, S. Chandra Mohan
Research Collection Yong Pung How School Of Law
After a 62-day trial, which concluded on 29 December 2006, all four defendants in the CrimsonLogic case1 were acquitted. The accused were the CEO, Financial Controller, Vice-President of the Trade & Logistics Business Unit and Corporate Counsel of CrimsonLogic, an IT systems provider. They were charged, on one count, with engaging in a conspiracy to pay a bribe of $35,000 to Mathias Tan, an IT manager of the supermarket Carrefour, as an inducement for Tan to recommend the award of an IT contract to CrimsonLogic. In acquitting the defendants, the trial judge declared that there was a 'serious doubt' as …
Phishing With A Poisoned Bait, Warren B. Chik
Phishing With A Poisoned Bait, Warren B. Chik
Research Collection Yong Pung How School Of Law
This article discusses the problem of dealing with electronic fraud and identity theft under the current Singapore criminal law.
Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee
Contract Law, Chee Ho Tham, Pearlie Koh, Pey Woan Lee
Research Collection Yong Pung How School Of Law
No abstract provided.
An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh
An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
In the 1970s, Taiwan lost its United Nations seat, and most nations switched diplomatic recognition from Taiwan to the People's Republic of China (PRC). The loss of Taiwan's diplomatic recognition became a fundamental issue in judicial proceedings. Contrary to the PRC's claim, the article argues that, from the viewpoint of international law, Taiwan has never been succeeded by the PRC. The article explores the Taiwan question faced by foreign courts and finds that, albeit the lack of diplomatic recognition, the courts around the world have almost uniformly accorded Taiwan the status of state and this judicial recognition has risen to …
Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan
Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan
Research Collection Yong Pung How School Of Law
Section 76 of the Companies Act prohibits the giving by a company of financial assistance for the purpose of or in connection with the acquisition of its own shares. This penal provision is highly controversial in view of its breadth and uncertainty in its application. In the recent criminal prosecution of PP v Lew Syn Pau and in the recent civil litigation of Wu Yang Construction Group v Zhejiang Jinyi Group Co, Ltd, the Singapore High Court had to determine the scope of the prohibition under s 76 of the Companies Act. This case comment examines the two Singapore decisions …
The Case For Sports Law Arbitration And Practice In Singapore, Kam Wai, Warren Bartholomew Chik
The Case For Sports Law Arbitration And Practice In Singapore, Kam Wai, Warren Bartholomew Chik
Research Collection Yong Pung How School Of Law
No abstract provided.