Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2014

Discipline
Institution
Keyword
Publication
File Type

Articles 4711 - 4740 of 4757

Full-Text Articles in Law

Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy, Alvin W. L. See Jan 2014

Milestones For Animal Welfare: Public Prosecutor V. Ling Chung Yee Roy, Alvin W. L. See

Research Collection 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 ...


Comparative Theory, Judges And Legal Transplants: A Practical Lesson From Singapore And Its Relevance To Transnational Convergence, Basil C. Bitas Jan 2014

Comparative Theory, Judges And Legal Transplants: A Practical Lesson From Singapore And Its Relevance To Transnational Convergence, Basil C. Bitas

Research Collection School Of Law

Legal evolution in a hyper-connected world will increasingly come through, or otherwise be informed by, legal borrowing and transplants from without whether in the form of laws, techniques, concepts or simple inspiration. The pressures of globalisation and the resulting need for some form of operational, transnational convergence and harmonisation will require diverse legal systems to seek out the best rules and approaches regardless of provenance to address the demands of the modern legal and commercial environment. Judges, particularly in common law jurisdictions, will be at the forefront of this process of transnational legal selection fraught with both promise and peril ...


Strategies For Surviving In China's Intellectual Property Minefield, David Llewelyn, Peter J. Williamson Jan 2014

Strategies For Surviving In China's Intellectual Property Minefield, David Llewelyn, Peter J. Williamson

Research Collection 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 ...


Recognition Of Foreign Judgments And Cross-Border Insolvencies, Adeline Chong Jan 2014

Recognition Of Foreign Judgments And Cross-Border Insolvencies, Adeline Chong

Research Collection School Of Law

In the joined appeals of Rubin v Eurofinance and New Cap Reinsurance v Grant, the Supreme Court held that first, the traditional rules on recognition and enforcement of foreign judgments applied to judgments in insolvency proceedings, and secondly, the act of lodging proof in foreign insolvency proceedings by a creditor meant that he had submitted to the jurisdiction of the supervising court. This article considers these decisions and suggests that the ruling in Rubin is sound while that in New Cap is unfounded. Further, assuming instead that the law is ripe for reform, this article considers what might be appropriate ...


Crime, Development And Corruption: Cultural Dynamic - Global Challenge?, Mark Findlay Jan 2014

Crime, Development And Corruption: Cultural Dynamic - Global Challenge?, Mark Findlay

Research Collection School Of Law

This chapter’s argument is that accepting opportunities for corruption, and the culturally-specific nature of the relationships which evolve as a consequence of realising such opportunity, can be a natural consequence of socio-economic development (as modernisation), then an interpretation of corruption in terms of its commercial viability rather than public morality is more helpful when generating culturally-sensitive control strategies, and interpreting the social and economic consequences of corruption.


Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against 'Mutant Copyrights'?, Irene Calboli Jan 2014

Betty Boop And The Return Of Aesthetic Functionality: A Bitter Medicine Against 'Mutant Copyrights'?, Irene Calboli

Research Collection School Of Law

This article offers a brief overview of the history and developments of the doctrine of aesthetic functionality in the United States and examines the recent decisions in Fleischer Studios, Inc v AVELA, Inc. In particular, the article argues that the courts in Fleischer added an important element to the interpretation of the doctrine, namely the fact that the courts seemed willing to resort to aesthetic functionality to counter the consequences resulting from the practice of using trade mark protection as an additional form of protection for copyrighted, or once copyrighted, creative works.


A Wrong Turn In History: Re-Understanding The Exclusionary Rule Against Prior Negotiations In Contractual Interpretation, Yihan Goh Jan 2014

A Wrong Turn In History: Re-Understanding The Exclusionary Rule Against Prior Negotiations In Contractual Interpretation, Yihan Goh

Research Collection 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 ...


In Territorio Veritas? Bringing Geographical Coherence Into The Ambiguous Definition Of Geographical Indications Of Origin, Irene Calboli Jan 2014

In Territorio Veritas? Bringing Geographical Coherence Into The Ambiguous Definition Of Geographical Indications Of Origin, Irene Calboli

Research Collection School Of Law

In this article, I criticize what I call “ambiguous geographical origin” in the concept of geographical indications of origin (GIs) and note that the current definition of GIs in Art. 22(1) of TRIPS essentially misuses, or at least misinterprets, of the terms “geographical origin.” More specifically, I expose the partial inconsistency between the legal definition under TRIPs and the dictionary definition of the terms “geographical” and “origin”. In this respect, I point out that, from a strictly linguistic standpoint, the term “geographical”, in its variation as “geographic”, is defined as “of or relating to geography” and as “belonging to ...


Civil Case Management In Singapore: Of Models, Measures And Justice, Chee Hock Foo, Eunice Chua, Louis Ng Jan 2014

Civil Case Management In Singapore: Of Models, Measures And Justice, Chee Hock Foo, Eunice Chua, Louis Ng

Research Collection 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 ...


Selected Issues In Tpp Negotiations And Implications For China, Henry S. Gao Jan 2014

Selected Issues In Tpp Negotiations And Implications For China, Henry S. Gao

Research Collection School Of Law

The Trans-Pacific Strategic Economic Partnership Agreement is also known as the Pacific-4, or the P4 Agreement as it started out as a free trade agreement between 4 Pacific countries, i.e., Brunei, Chile, New Zealand and Singapore. The history of economic integration among the P4 members can be traced back to the 1990s, when Chile and New Zealand first started exploring the possibility for an FTA. While the bilateral talks were suspended after only two rounds of negotiations due to Chile’s concerns on the potential impact on its agricultural sector, the idea re-emerged in 2000, shortly after New Zealand ...


Overlapping Copyright And Trademark Protection: A Call For Concern And Action, Irene Calboli Jan 2014

Overlapping Copyright And Trademark Protection: A Call For Concern And Action, Irene Calboli

Research Collection School Of Law

Currently, many forms of intellectual property can qualify for protection both under trademark and copyright law. Granting trademark protection for these works has the potential to negatively impact the social bargain upon which copyright protection is built and justified. Over the past few decades several judicial decisions have recognized this overlapping protection; generally, however, the majority of courts have proved reluctant to comprehensively address the issue, and have consistently accepted that trademark protection can apply to creative works when they are used to identify products offered for sale in the market. This perceived judicial support has contributed to further overlapping ...


Standard Essential Patents, Trolls, And The Smartphone Wars: Triangulating The End Game, 119 Penn St. L. Rev. 1 (2014), Daryl Lim Jan 2014

Standard Essential Patents, Trolls, And The Smartphone Wars: Triangulating The End Game, 119 Penn St. L. Rev. 1 (2014), Daryl Lim

Faculty Scholarship

Few legal issues in recent years have captured the public's attention more powerfully than litigation over standard essential patents (“SEPs”). This Article explains how SEP litigation overlaps with two other major centers of patent litigation--litigation involving smartphones and patent assertion entities (“PAEs”). It observes that attempting to pre-empt patent hold-ups by imposing blanket ex ante disclosure obligations and royalty caps on standard setting organizations (“SSOs”) is misdirected and counterproductive. Instead, the solution lies in clear and balanced rules to determine “fair, reasonable and non-discriminatory” (FRAND) royalties and injunctive relief. This solution will help parties make more realistic assessments of ...


What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara G. Gordon Jan 2014

What Jurors Want To Know: Motivating Juror Cognition To Increase Legal Knowledge & Improve Decisionmaking, Sara G. Gordon

Scholarly Works

What do jurors want to know? Jury research tells us that jurors want to understand the information they hear in a trial so they can reach the correct decision. But like all people, jurors who are asked to analyze information in a trial—even jurors who consciously want to reach a fair and accurate verdict—are unconsciously influenced by their internal goals and motivations. Some of these motives are specific to individual jurors; for instance, a potential juror with a financial interest in a case would be excluded from the jury pool. But other motivations, like the motive to understand ...


Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia Jan 2014

Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia

Scholarly Works

Collective bargaining by public sector employees has been the subject of recent heated debates in the state legislatures of Wisconsin, Michigan, Ohio, and Indiana. The right of public sector employees to freedom of association, collective bargaining, and the right to participate in politics are among the “citizenship rights” of public employees. In many states, however, the citizenship rights of public employees are under threat both in state legislatures and in the courts. Paradoxically, the ability of public sector employees to change legislation has been hampered over the years by Supreme Court decisions, making it more difficult to organize politically by ...


Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill Jan 2014

Buying Time? False Assumptions About Abusive Appeals, Michael Kagan, Fatma Marouf, Rebecca Gill

Scholarly Works

The federal government has expressed fear that immigrants abuse the appellate process to delay their deportations by filing meritless petitions for review with the federal courts. Some courts have responded to these concerns by imposing stricter standards for issuing stays of removal, so that the government can more easily deport petitioners even while their appeals remain pending. The risk with this approach is that immigrants who ultimately prevail may be erroneously deported. What is often overlooked is that the potential for abuse is really a function of time, with longer appeals posing a greater threat to immigration enforcement. This study ...


The Ninth Circuit’S Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian C. Bartrum Jan 2014

The Ninth Circuit’S Treatment Of Sexual Orientation: Defining “Rational Basis Review With Bite”, Ian C. Bartrum

Scholarly Works

When the Ninth Circuit handed down Witt v. Department of the Air Force, President Obama and then-Solicitor General Kagan declined to take an appeal to the Supreme Court. At the time, it seemed that most advocates of “Don’t Ask, Don’t Tell” believed that the administration made that decision because it was afraid the Supreme Court would reverse the Ninth Circuit. If that fear was perhaps well-founded in 2009, it is certainly less so now. In the wake of SmithKline Beecham Corp. v. Abbott Laboratories, as well as recent District Court decisions, opponents of federal constitutional protection for gay ...


Using Outcomes To Reframe Guilty Plea Adjudication, Anne R. Traum Jan 2014

Using Outcomes To Reframe Guilty Plea Adjudication, Anne R. Traum

Scholarly Works

The Supreme Court’s 2012 decisions in Lafler v. Cooper and Missouri v. Frye lay the groundwork for a new approach to judicial oversight of guilty pleas that considers outcomes. These cases confirm that courts possess robust authority to protect defendants’ Sixth Amendment right to the effective assistance of counsel and that plea outcomes are particularly relevant to identifying and remedying prejudicial ineffective assistance in plea-bargaining. The Court’s reliance on outcome-based prejudice analysis and suggestions for trial court-level reforms to prevent Sixth Amendment violations set the stage for trial courts to take a more active, substantive role in regulating ...


The Marrakesh Puzzle, Marketa Trimble Jan 2014

The Marrakesh Puzzle, Marketa Trimble

Scholarly Works

This article analyzes the puzzle created by the 2013 Marrakesh Treaty in its provisions concerning the cross-border exchange of copies of copyrighted works made for use by persons who are “blind, visually impaired, or otherwise print disabled” (copies known as “accessible format copies”). The analysis should assist executive and legislative experts as they seek optimal methods for implementing the Treaty. The article provides an overview of the Treaty, notes its unique features, and examines in detail its provisions on the cross-border exchange of accessible format copies. The article discusses three possible sources for implementation tools – choice of law rules, the ...


Must Israel Accept Syrian Refugees?, Michael Kagan Jan 2014

Must Israel Accept Syrian Refugees?, Michael Kagan

Scholarly Works

In this article, Professor Michael Kagan discusses Israel's policy to refuse asylum to "subjects of enemy or hostile states," in the context of a 2004 asylum case filed by a Syrian girl. A decade later, Israel has not accepted a single Syrian refugee. Professor Kagan examines the moral and legal responsibilities of Israel and how they conflict with its current policy.


The Territoriality Referendum, Marketa Trimble Jan 2014

The Territoriality Referendum, Marketa Trimble

Scholarly Works

Many Internet users have encountered geoblocking tools – tools that prevent users from accessing certain content on the Internet based on the location from which the users are connecting to the Internet. Because at least some users want to access such content, they turn to tools that enable them to evade geoblocking, to appear on the Internet as if they were located in another location, and to access the content that is available in this other location. So far these activities appear to be under the radar of intellectual property (“IP”) owners, perhaps because geoblocking evasion by users for the purposes ...


The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards Jan 2014

The Trouble With Categories: What Theory Can Teach Us About The Doctrine-Skills Divide, Linda H. Edwards

Scholarly Works

We might not need another article decrying the doctrine/skills dichotomy. That conversation seems increasingly old and tired. But like it or not, in conversations about the urgent need to reform legal education, the dichotomy’s entailments confront us at every turn. Is there something more to be said? Perhaps surprisingly, yes. We teach our students to examine language carefully, to question received categories, and to understand legal questions in light of their history and theory. Yet when we talk about the doctrine/skills divide, we seem to forget our own instruction.

This article does not exactly take sides in ...


Aging Populations And Physician Aid In Dying: The Evolution Of State Government Policy, David Orentlicher Jan 2014

Aging Populations And Physician Aid In Dying: The Evolution Of State Government Policy, David Orentlicher

Scholarly Works

Professor David Orentlicher explores the evolution of physician assisted suicide from illegal taboo to the passage of Death with Dignity legislation and caselaw.


Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher Jan 2014

Employer-Based Health Care Insurance: Not So Exceptional After All, David Orentlicher

Scholarly Works

No abstract provided.


The Changing Legal Climate For Physician Aid In Dying, David Orentlicher Jan 2014

The Changing Legal Climate For Physician Aid In Dying, David Orentlicher

Scholarly Works

No abstract provided.


Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher Jan 2014

Health Care Reform And Efforts To Encourage Healthy Behavior By Individuals, David Orentlicher

Scholarly Works

No abstract provided.


A Restatement Of Health Care Law, David Orentlicher Jan 2014

A Restatement Of Health Care Law, David Orentlicher

Scholarly Works

No abstract provided.


Conferring About The Conference (Recalibrating Copyright: Continuity, Contemporary Culture, And Change), Marketa Trimble Jan 2014

Conferring About The Conference (Recalibrating Copyright: Continuity, Contemporary Culture, And Change), Marketa Trimble

Scholarly Works

Professor Marketa Trimble and her colleagues Professors Jessica Silbey and Aaron Perzanowski reflect on papers presented at the University of Houston Law Center's Institute for Intellectual Property & Information Law's annual conference held in Spring of 2014.


Hiding In Plain Sight: "Conspicuous Type" Standards In Mandated Communication Statutes, Mary Beth Beazley Jan 2014

Hiding In Plain Sight: "Conspicuous Type" Standards In Mandated Communication Statutes, Mary Beth Beazley

Scholarly Works

Professor Beazley defines the concept of mandated communication statutes in this examination of typeface, language, and the mind's ability to comprehend certain syntax. This article has a simple premise: when a government mandates written communication, it should present the mandated communication in a way that speeds comprehension. When communication is so important that the government is mandating the words and the presentation method, the writer and not the reader should not bear the burden of making sure that the information is comprehensible. In other words, the reader should not have to work to decipher the information; the writer should ...


Writing (And Reading) Appellate Briefs In The Digital Age, Mary Beth Beazley Jan 2014

Writing (And Reading) Appellate Briefs In The Digital Age, Mary Beth Beazley

Scholarly Works

In this essay, Professor Beazley briefly reviews a slice of the voluminous research about how human beings read digital as opposed to paper text. In particular, she discusses studies of knowledge workers (defined to include those who use or generate knowledge in their work)4 and those who engage in active reading (defined as a reading process that includes nonsequential reading, searching a text, comparing texts, annotating, bookmarking, and the like).She concludes by making suggestions for legal readers, legal writers, courts, and database providers as to how best to accommodate the process of digital reading.


Religion And The Restatements, Ian C. Bartrum Jan 2014

Religion And The Restatements, Ian C. Bartrum

Scholarly Works

This essay is a contribution to the symposium entitled "Restatement of ..." held at Brooklyn Law School in January of 2013. It examines the role that conceptions of religious liberty play in the various Restatements, and suggests a few places where the ALI might consider expanding its discussion of these principles.