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

Law Commons

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

Articles 1 - 8 of 8

Full-Text Articles in Law

Re-Examining The Law And Economics Of The Business Judgment Rule: Notes For Its Implementation In Non-Us Jurisdictions, Aurelio Gurrea-Martinez Jan 2018

Re-Examining The Law And Economics Of The Business Judgment Rule: Notes For Its Implementation In Non-Us Jurisdictions, Aurelio Gurrea-Martinez

Research Collection School Of Law

The business judgment rule, as it has been traditionally understood, seems to be based on three underlying assumptions that make this rule economically desirable. First, directors are subject to a credible threat of being sued for a breach of the duty of care. Second, the primary role of the corporation is to maximise shareholder value. Third, shareholders want the directors to pursue those investment projects with the highest net present value regardless of their volatility. This article challenges these assumptions and argues that the business judgment rule might not be desirable in some jurisdictions outside the United States and even ...


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 ...


Are You Networked Yet? On Dialogues Within European Judicial Networks, Monica Claes, Maartje De Visser Jul 2012

Are You Networked Yet? On Dialogues Within European Judicial Networks, Monica Claes, Maartje De Visser

Research Collection 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.


The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan Apr 2007

The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan

Research Collection 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 ...


International Developments Of The Middle Court Mediation (In German), Nadja Alexander May 2003

International Developments Of The Middle Court Mediation (In German), Nadja Alexander

Research Collection School Of Law

No abstract provided.


From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander Dec 2001

From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander

Research Collection School Of Law

In Australia today, ADR processes are recognised not only as a distinct system of dispute resolution, but also as a system that interacts interdependently with the legal system. This is most clearly demonstrated in the context of court-related mediation, which is increasingly seen as an effective way to increase access to, participation in, and satisfaction with the way legal disputes are resolved. Cappelletti categorises ADR as the third wave in the worldwide access-to-justice movement. ADR provides a different approach and a different sort of justice for solving disputes — what Cappelletti labels ‘co-existential justice’.


German Law Paves The Way For Mandatory Mediation, Nadja Alexander Feb 2000

German Law Paves The Way For Mandatory Mediation, Nadja Alexander

Research Collection School Of Law

Effective as of 1 January 2000, the Federal Government of Germany has introduced legislation permitting all German states (Laender) to introduce mandatory court-connected mediation with respect to certain kinds of civil disputes.


Within The Civil Law Tradition, Nadja Alexander Jul 1999

Within The Civil Law Tradition, Nadja Alexander

Research Collection School Of Law

A review of the international literature on ADR reveals a wide spectrum of dispute resolution processes practised throughout the world. It also demonstrates significant differences among different countries’ application of ADR procedures; for example, mediation.