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Articles 31 - 43 of 43
Full-Text Articles in Law
A Wrong Turn In History: Re-Understanding The Exclusionary Rule Against Prior Negotiations In Contractual Interpretation, Yihan Goh
Research Collection Yong Pung How School Of Law
A reason justifying the exclusionary rule against prior negotiations in the interpretation of contracts is its longevity. Yet, the authorities commonly cited in support of the exclusionary rule are mostly traceable to Lord Wilberforce’s speech in the relatively recent case of Prenn v Simmonds. This article suggests that the law took a wrong turn in that case and caused later courts to support the exclusionary rule by recourse to policy-oriented justifications, instead of principle-based ones. The emphasis on policy-oriented justifications, and the recantation of Prenn v Simmonds as reason enough for the exclusionary rule, support an independent rule against prior …
Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan
Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This article examines the findings of an empirical study of law students from the Singapore Management University on their internship experiences at private law firms. As internships are frequently undertaken by law students, it is necessary for stakeholders to understand their impact on the values and ideals of law students in relation to the law and legal practice. This article seeks to increase the consciousness of law school educators, lawyers, and the professional bar about how law firm internships are contributing to the making of future lawyers, so as to facilitate the reflection by these parties as to their roles …
An Institutional Alchemy: India’S Two Parliaments In Comparative Perspective, Shubhankar Dam
An Institutional Alchemy: India’S Two Parliaments In Comparative Perspective, Shubhankar Dam
Research Collection Yong Pung How School Of Law
India has a parliamentary system. But articled in India’s Constitution is a provision that authorizes the President to occasionally enact legislation without involving Parliament. Such presidential legislation are called ordinances, not Acts; and rather than enact, the President promulgates them. Textually, ordinances are bounded by several ‘controls’. They are limited to circumstances when at least one House of Parliament is not in session, and the President is satisfied that the circumstances are such that immediate action is necessary. And without such formal parliamentary approval after a specified duration, they cease to exist. But after sixty years of constitutional practice these …
Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw
Redressing The Patent Imbalance In Genetic Testing, Cheng Lim Saw
Research Collection Yong Pung How School Of Law
In one of the most highly anticipated decisions emanating from the apex Court in the US in recent times, the US Supreme Court in Association for Molecular Pathology v Myriad Genetics Inc was asked to consider, in the main, the patentability of a naturally occurring gene sequence which had been specifically isolated from the human genome. Although the patent was eventually denied, this seminal case will certainly not be the last word on what is clearly a very controversial subject, at least outside of the US.
Sign Up Or Sign Off: Asia’S Reluctant Engagement With The International Criminal Court, Mark Findlay
Sign Up Or Sign Off: Asia’S Reluctant Engagement With The International Criminal Court, Mark Findlay
Research Collection Yong Pung How School Of Law
The International Criminal Court argues that there is a need to achieve universal ratification so that the majority of mankind will no longer remain outside the protection of the ICC. In the Asia/Pacific region there is a relatively low accession rate of nation states to the Rome Statute. This paper proposes a taxonomy of resistance to ratification in the region, recognising that in speculating on the reasons for resistance to the ratification of international criminal justice, local to the global across Asia and the Pacific, there is a risk in both over emphasising cultural and political difference while at the …
Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy, Alvin W. L. See
Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy, Alvin W. L. See
Research Collection Yong Pung How School Of Law
Animal law is a little-known subject in Singapore. However, the increase in public awareness and concern about animal welfare issues demand that more attention is directed at the legal aspects of such issues. An opportunity to examine this area of the law arose in the case of Ling Chung Yee Roy. The District Court, presided by District Judge Ng Peng Hong, had to decide whether the accused was guilty of an animal cruelty offence under s. 42(1)(e) of the Animals and Birds Act. The majority of animal cruelty complaints were against pet owners, of which a significant number concerned the …
Further Clarification From The High Court On The Limits To The Constitutional Right To Counsel: James Raj S/O Arokiasamy V Pp [2014] Sghc 10, Siyuan Chen, Kenneth Tan
Further Clarification From The High Court On The Limits To The Constitutional Right To Counsel: James Raj S/O Arokiasamy V Pp [2014] Sghc 10, Siyuan Chen, Kenneth Tan
Research Collection Yong Pung How School Of Law
Article 9(3) of the Constitution1 states that “Where a person is arrested, he … shall be allowed to consult and be defended by a legal practitioner of his choice.” However, art 9(3) does not stipulate the point in time at which an arrested person is entitled to consult counsel. The local jurisprudence over the past few decades have affirmed the interpretation that an arrested person is not entitled to access counsel immediately upon arrest, but only after a reasonable amount of time has elapsed. The High Court in James Raj s/o Arokiasamy v Public Prosecutor (“James Raj”) has now shed …
Measuring The Transplantation Of English Commercial Law In A Small Jurisdiction: An Empirical Study Of Singapore’S Insurance Judgments Between 1965 And 2012, Christopher Chen
Measuring The Transplantation Of English Commercial Law In A Small Jurisdiction: An Empirical Study Of Singapore’S Insurance Judgments Between 1965 And 2012, Christopher Chen
Research Collection Yong Pung How School Of Law
This article seeks to measure the development of law after transplanting common law and statutes from another country by conducting an empirical study of the citation of precedents and demography of disputes of insurance cases in Singapore. This article recognizes that there are justifications for Singapore to transplant English insurance law. However, this research shows that the transplantation of English commercial law into a small jurisdiction, even within the common law family, may cause the law to be in a static state if courts do not have enough cases to maintain the development of law or to consider new development …
Strategies For Surviving In China's Intellectual Property Minefield, David Llewelyn, Peter J. Williamson
Strategies For Surviving In China's Intellectual Property Minefield, David Llewelyn, Peter J. Williamson
Research Collection Yong Pung How School Of Law
Despite a slowdown in China’s GDP growth from the double-digit heights of the last decade, it is still expanding at over 7% per annum – a growth rate that looks more sustainable. Growth in the other major emerging economies including India, Brazil and Russia, by contrast, has all but collapsed, at least for the present. Growth in the developed economies, meanwhile, remains fragile in the wake of their post-2008 financial crisis recessions. It is not surprising, therefore, that the Boards of many foreign companies are counting on winning share in the China market to support their top-line growth in coming …
Civil Case Management In Singapore: Of Models, Measures And Justice, Chee Hock Foo, Eunice Chua, Louis Ng
Civil Case Management In Singapore: Of Models, Measures And Justice, Chee Hock Foo, Eunice Chua, Louis Ng
Research Collection Yong Pung How School Of Law
The goals of all ASEAN member states are to “accelerate economic growth, social progress and cultural development” and “promote peace and stability” in the region. To achieve these goals, the public will need to trust and respect the Judiciary. Such trust and respect can be lost if there are inefficient practices that result in delay in the courts. The Singapore Judiciary is presently lauded for “its efficiency, its technological sophistication, its accessibility and the confidence of Singapore’s citizens and businesses in the system.” The World Economic Forum has also ranked Singapore first (out of 142 countries) in recognition of Singapore’s …
Agency And Partnership Law [2013], Pearlie M. C. Koh, Stephen Noel Henry Bull
Agency And Partnership Law [2013], Pearlie M. C. Koh, Stephen Noel Henry Bull
Research Collection Yong Pung How School Of Law
The laws relating to the creation of an agency, implied authority, holding out and apparent authority, duties of the agent in relation to Agency law are discussed. The laws relating to partnership law and issues such as relationship of partners to third parties, relationships of partners between themselves and capacity to be a partner are highlighted.
Redefining Relevancy And Exclusionary Discretion In Sir James Fitzjames Stephen’S Indian Evidence Act Of 1872: The Singapore Experiment And Lessons For Other Indian Evidence Act Jurisdictions, Siyuan Chen
Research Collection Yong Pung How School Of Law
In many jurisdictions, the rules of evidence can often be instrumental in determining the outcome of a dispute. But to what extent can evidence law be controlled by codification, or is it better to leave its regulation and development to the judges via common law? In an attempt to bridge the gap between the rules of an antiquated evidence statute and the modern realities of practice, Singapore’s Evidence Act was amended in 2012. Certain relevancy provisions were amended to allow greater admissibility of evidence, while new provisions were introduced to act as a check against abuse. However, it will be …
Ground-Breaking Of New Building For Smu School Of Law, Singapore Management University
Ground-Breaking Of New Building For Smu School Of Law, Singapore Management University
SMU Press Releases
Singapore Management University held the groundbreaking ceremony of its School of Law building today. The event, which was graced by The Honourable Attorney-General Mr Steven Chong, S.C., was attended by 250 distinguished guests, faculty, students, donors, and SMU’s partners in the legal fraternity. The new School of Law building will be a distinctive landmark that will contain state-of-theart facilities used both to enrich the learning experience of SMU law students as well as to involve others within the legal fraternity who are important stakeholders. A key feature integrated into the 22,000 sqm School of Law building is the Kwa Geok …