Law Commons^™

The Pro Bono Collaborative Project Spotlight: Can You Help? December 2020, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Law School News: 'Law Isn't A Foreign Language Anymore' 11/24/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Shinall, David L. (Sc 3572), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 3572. Taped interviews by David Shinall, a reporter for WKU’s College Heights Herald, with justices of the Kentucky Supreme Court, made prior to a session of the court held on WKU’s campus on 18 April 2002.

Law Library Blog (November 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

May It Please The Court: A Longitudinal Study Of Judicial Citation To Academic Legal Periodicals, Brian T. Detweiler

Law Librarian Journal Articles

Part I of this article examines the proportion of reported opinions from U.S. federal and state courts between 1945 and 2018 that cite at least one academic legal periodical, while Part II applies that data beginning in 1970 to compare the proportion of opinions that cite to the flagship journals of 17 law schools selected and hierarchically categorized based on their U.S. News & World Reports rankings. Representing the most elite schools are Harvard Law Review and Yale Law Journal, the two longest running student-edited journals at arguably the two most prestigious law schools in the United States, followed by …

Shareholders’ Rights And Corporate Meetings Post Covid‐19, Christopher Chao-Hung Chen

Research Collection Yong Pung How School Of Law

This short paper reflects on corporate governance and shareholders’ rights during and following the COVID-19 pandemic. The lockdown has affected the way companies’ organs operate. It is unfortunate that the pandemic took place around the critical time of year when most companies hold annual shareholders’ meetings (or general meetings). How, then, can shareholders exercise their rights? How can the board of directors and senior management function during the lockdown period? Technology naturally provides a solution, similar to online teaching and working from home. However, do virtual and remote meetings serve the purpose of having those meetings? Even when we get …

Pragmatism In The Pandemic: The Protection Of Commercial Tenants In Singapore, Edward Ti

Research Collection Yong Pung How School Of Law

The COVID-19 epidemic has not spared any country, not least a densely populated country like Singapore. The government has been working tirelessly developing new policies and laws to mitigate the human and economic devastation brought on by the virus. The COVID-19 (Temporary Measures) Act 2020 (COTMA) is intended to tackle some of the negative effects brought about by COVID-19. With an initial application period of 6 months which can be amended at the Minister’s discretion, the COTMA covers a wide range of issues. Summarily, the COTMA provides for public health controls necessary to manage the health crisis, increases bankruptcy and …

Covid‐19 As A Frustrating Event Under Singapore Contract Law, Yihan Goh

Research Collection Yong Pung How School Of Law

COVID-19 has had an unprecedented impact on commercial arrangements around the world. This would appear to fit the textbook definition of a frustrating event under Singapore contract law. Alternatively, one might expect COVID-19 to be covered by the doctrine of force majeure. This commentary will provide a brief overview of the contractual issues arising from COVID-19.

Can International Economic Agreements Combat Covid‐19?, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

The COVID-19 pandemic has significantly disrupted the international economic order. According to the World Trade Organization (WTO), the unprecedented health crisis may sink global trade by 32% in 2020.236 As an island state highly dependent on trade, Singapore is expected to encounter a 5.8% contraction in gross domestic product, marking its “worst recession since independence.”237 The number of confirmed COVID-19 cases in Singapore surpassed the 45,000 mark on July 7, 2020.238 Most cases have occurred in foreign worker dormitories, whereas the spread of the disease in the rest of the community has been limited. To gradually resume economic activities and …

Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries, Man Yip

Research Collection Yong Pung How School Of Law

The COVID-19 pandemic has been described by Prime Minister Lee Hsien Loong as the “crisis of our generation”. We have to swiftly adjust to a new “normal” characterised by safety measures, travel restrictions, economic downturn and uncertainties in the days ahead. What is the new “normal” for trustees and beneficiaries? How should they respond to the legal and practical uncertainties in these challenging times? This commentary discusses two categories of uncertainties for trustees and beneficiaries: (1) uncertainty relating to trust investments; and (2) uncertainty relating to day-to-day administration.

Exorcising The Ghost In The Wills Act, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Ingenious lawyers all over the Commonwealth are dreaming up rigmaroles for the signing of wills amid the pandemic. An English law firm has suggested that the will should be signed at a park bench, with witnesses lurking nearby, ready to rotate around the document. Another option allows for the will to be signed at the person’s doorway while the witnesses stand outside, using the services of a well-trained pet to deliver the signed will to the witnesses. Singapore has passed many sensible temporary measures in response to COVID-19 disruption, including marrying couples remotely so that the newly-weds, witnesses and solemniser …

“In Case Of Emergency, Break Contract”? The Case For A Unified Regime For Changed Circumstances In Singapore Contract Law, Nicholas Liu

Research Collection Yong Pung How School Of Law

It has been accurately observed that the incremental nature of the common law’s development makes it inherently unsuited to dealing with unprecedented crises.208 This is particularly true of what I shall refer to (for convenience) as the law of changed circumstances, which in the common law regime comprises the doctrine of frustration and the operation of force majeure clauses, but could potentially encompass other doctrines and issues as well.209 I suggest that in this area, the flaws of the common law run deeper and broader than its inability to respond quickly to unprecedented crises. Rather, from a lay user’s point …

Hearing Essential And Urgent Court Matters During The Covid-19 Pandemic, Kwan Ho Lau, Daryl Xu

Research Collection Yong Pung How School Of Law

This chapter discusses the hearing of essential and urgent court matters in the Singapore courts during the COVID-19 pandemic. On 27 march 2020, the Singapore judiciary notified courst users that remote hearings were to be implemented for certain types of hearings by means of video and telephone conferencing facilities. Court users were also provided with indicative lists of matters which might be considered essential and urgent.

The Value Of Insolvency Law In The Covid‐19 Crisis, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

The COVID-19 pandemic not only has generated a social, humanitarian and public health crisis but it has also led to the worst recession the world’s economy has experienced since the Great Depression.283 As a response to the economic challenges generated by the COVID-19 crisis, many countries are responding with a variety of legal and economic measures that seek to support businesses, employees, and households

Private Liability For Public Health, Jerrold Soh

Research Collection Yong Pung How School Of Law

As at this writing, COVID-19 continues to spread around the world. Most disease transmissions, one hopes, are unintentional. But could one nonetheless be liable for unintentionally, yet carelessly, transmitting the disease? If so, when would liability arise, and how wide may its scope be? If X transmits the disease to Y who in turn transmits it to Z, can Z claim against X? If not, why should liability escape one who carelessly spreads a deadly and highly contagious virus when courts have historically found liability for more innocuous harms?154 This short essay discusses how private liability might complement public regulation …

Covid, Crisis And Courts, Anna E. Carpenter, Colleen F. Shanahan, Alyx Mark, Jessica Steinberg

Utah Law Faculty Scholarship

Our country is in crisis. The inequality and oppression that lies deep in the roots and is woven in the branches of our lives has been laid bare by a virus. Relentless state violence against Black people has pushed protestors to the streets. We hope that the legislative and executive branches will respond with policy change for those who struggle the most among us: rental assistance, affordable housing, quality public education, comprehensive health and mental health care. We fear that the crisis will fade, and we will return to more of the same. Whatever lies on the other side of …

Law School News: Fall 2020 Reopening: The Faq 07-09-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Family Law, Wei Jing Tricia Ho, Siyuan Chen

Research Collection Yong Pung How School Of Law

Two salient trends emerge from the decisions issued by the Singapore courts in 2019. First, cases with international elements are featured increasingly, with the Court of Appeal adjudicating its first case on financial relief consequential on foreign divorces and the High Court releasing a decision on sham marriages to obtain an immigration advantage. It is evident that the law is evolving to cater to the needs of a changing community in Singapore. There is a recognition of the increase in the number of Singapore citizens working abroad and marrying non-Singaporeans, which has prompted certain legislative changes that seek to provide …

Law School News: Rwu Law Professors, Aclu Seek Release For All Ice Detainees At Wyatt 05-18-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School News: Professor Of The Year: Tara Allen 05-14-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Statistical Precedent: Allocating Judicial Attention, Ryan W. Copus

Faculty Works

Suffering from a well-covered “crisis of volume,” the United States Courts of Appeals have patched together an ad hoc system of triage in an effort to provide cases with sufficient attention. For example, only some cases are assigned to central staff, analyzed by law clerks, orally argued, debated over by judges, or decided in published opinions. The courts have evaded overt disaster by increasing the number of active, senior, and visiting judges, but the additional personnel poses its own demands on attention—judges must also pay attention to one another in order to coherently develop and apply the law. With too …

Were Justices Lawyers?, Thomas J. Mcsweeney

Popular Media

No abstract provided.

Legal Genres, Thomas J. Mcsweeney

Popular Media

No abstract provided.

Who Are The "We"?, Thomas J. Mcsweeney

Popular Media

No abstract provided.

The Doctrine Of Wilful Blindness In Drug Offences: Adili Chibuike Ejike V Public Prosecutor [2019] 2 Slr 254, Rennie Whang

Research Collection Yong Pung How School Of Law

In Adili Chibuike Ejike v Public Prosecutor [2019] 2 SLR 254, the Court of Appeal clarified the operation of the wilful blindness doctrine in the context of knowing possession for drug offences. In particular, it affirmed wilful blindness as a doctrine of substantive rather than evidential law, which applies as a limited extension to the legal requirement of actual knowledge. The court then articulated a three-part test for the finding of wilful blindness in relation to knowledge as an ingredient of possession. However, it left open the content of the doctrine as applied to the element of knowledge in drug …

Vertical Stare Decisis And Three-Judge District Courts, Michael T. Morley

Scholarly Publications

Three-judge federal district courts have jurisdiction over many issues central to our democratic system, including constitutional challenges to congressional and legislative districts, as well as to certain federal campaign-finance statutes. They are similarly responsible for enforcing key provisions of the Voting Rights Act. Litigants often have the right to appeal their rulings directly to the U.S. Supreme Court. Because of this unusual appellate process, courts and commentators disagree on whether such three-judge district court panels are bound by circuit precedent or instead are free to adjudicate these critical issues constrained only by U.S. Supreme Court rulings.

The applicability of court …

Here There Be Dragons: The Likely Interaction Of Judges With The Artificial Intelligence Ecosystem, Fredric I. Lederer

Popular Media

No abstract provided.

Jurisprudence—Merely Judgment: A Fallibilist Account Of The Rule Of Law, Bruce K. Miller

Faculty Scholarship

How should judges decide the cases presented to them? In our system the answer is, “according to law,” as opposed to the judges’ preferred outcomes. But for at least a century, skeptics have cast doubt on whether adjudication under law is possible. Judge Richard Posner, now retired from the U.S. Court of Appeals for the Seventh Circuit, has, for example, argued that the indeterminacy of legal argument and the influence of judges’ predispositions show that it is not. Judge Posner thus recommends that judges give up on the rule of law in contested cases and instead candidly base their decisions …

Death By Virus: Why The Prison Litigation Reform Act Should Be Suspended, Divya Sriharan

Center for Health Law Policy and Bioethics

In order to save the lives of inmates, as well as redress some of the harms the prison system and the pandemic have caused them, Congress must pass a bill to temporarily suspend the Prison Litigation Reform Act. As of August 13, 2020, 95,398 inmates have contracted COVID-19. Prisons refuse to adapt or implement measures to save lives. Because of the Prison Litigation Reform Act, it is near impossible for inmates to take their cases to court. The Prison Litigation Reform Act’s requirements include: exhausting all internal administrative remedies before filing in court, not allowing suits based on mental or …

Invisible Article Iii Delinquency: History, Mystery, And Concerns About "Federal Juvenile Courts", Mae C. Quinn, Levi T. Bradford

Journal Articles

This essay is the second in a two-part series focused on our nation’s invisible juvenile justice system—one that operates under the legal radar as part of the U.S. Constitution’s Article III federal district court system.1 The first publication, Article III Adultification of Kids: History, Mystery, and Troubling Implications of Federal Youth Transfers, 2 examined the little-known practice of prosecuting children as adults in federal courts. This paper will look at the related phenomenon of juvenile delinquency matters that are filed and pursued in our nation’s federal court system.3 To date, most scholarship evaluating youth prosecution has focused on our country’s …