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Full-Text Articles in Social and Behavioral Sciences

Lawyers And Law Graduates In Parliaments As A Consequence Of Smd Electoral Systems: Comparing Japan, South Korea, And Germany, Devin K. Joshi Nov 2019

Lawyers And Law Graduates In Parliaments As A Consequence Of Smd Electoral Systems: Comparing Japan, South Korea, And Germany, Devin K. Joshi

Research Collection School of Social Sciences

This study addresses the question of why so many of the world’s legislators are lawyers or law graduates. Drawing from previous studies on lawyer-legislators and electoral systems, it develops the argument that ‘first-pass-the-post’ single-member district electoral systems presume a principal-agent logic of representation and are therefore conducive to political parties selecting representatives with either occupational experience or educational training in the field of law. By contrast, proportional representation (PR) elections presume a microcosm model of representation incentivizing parties to select candidates representing diverse demographic and occupational backgrounds. This conjecture is tested by examining legislator backgrounds in three large parliaments ...


School Of Law Annual Report 2018: Embracing Change In An Evolving World, Singapore Management University Jul 2019

School Of Law Annual Report 2018: Embracing Change In An Evolving World, Singapore Management University

SMU Corporate Reports

The Annual Report highlights the School of Law’s modest achievements and developments over the past year, as well as the substantive impact of these initiatives.


Weak Law V Strong Ties: An Empirical Study Of Business Investment, Law And Political Connections In China, Wei Zhang, Ji Li Mar 2017

Weak Law V Strong Ties: An Empirical Study Of Business Investment, Law And Political Connections In China, Wei Zhang, Ji Li

Research Collection School Of Law

Based on a large-scale survey of Chinese entrepreneurs, our study explores how institutions (formal and informal) influence investment decisions made by private companies. The study finds that, consistent with the conventional view, a more effective legal system is correlated with short-term general investment, and that the judiciary is important mainly because of its restraint over the state. The role of effective courts, however, diminishes when private entrepreneurs consider making long-term investment. We find a positive association between the entrepreneurs’ political backgrounds and their R&D investment, suggesting that Chinese courts, in spite of decades of reform, are not yet viewed ...


Corporate Reorganisation Of China's Listed Companies: Winners And Losers, Zinian Zhang Jan 2016

Corporate Reorganisation Of China's Listed Companies: Winners And Losers, Zinian Zhang

Research Collection School Of Law

This article is the first empirical study investigating the corporate reorganisation of Chinese domestically-listed companies. Through examining these cases, it challenges the assertion made by most of these corporate reorganisation plans and by Chinese state-run media reports that creditors and general public shareholders were the major beneficiaries. Through an analysis of the data generated from all forth-three such cases, this articles reveals that: First, unsecured creditors could have, on average, received 61.37% more of their claims if the fundamental value distribution principle, the absolute priority norm, could have been complied with in these reorganisations; Second, if the general-public-shareholder-protection scheme ...


Mediation, Seng Onn Loong, Dorcas Quek Anderson Apr 2015

Mediation, Seng Onn Loong, Dorcas Quek Anderson

Research Collection School Of Law

The mediation movement in Singapore was actively revived in the 1990s. Currently, mediation is not only used for private disputes but forms an integral part of the Singapore legal system. It is widely used as a mechanism of dispute resolution in courts, government departments, businesses and other specific industries.


Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan Jan 2015

Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan

Research Collection School Of Law

Change is here. If this was not evident from the speech of Chief Justice Sundaresh Menon at his welcome ceremony three years ago, it is now. In three short years, Singapore is leading Asia - possibly the world - in the provision of not only legal services but also intellectual capital and resources. The speed of these developments should not be surprising. As Attorney-General V.K. Rajah observed at the Opening of the Legal Year this month, Singapore's law and legal system has come a long way in a short time. The story of the Singapore legal system thus far can ...


From Coercion To Politics To Law: The Evolution Of Property Rights Protection, Fali Huang Nov 2013

From Coercion To Politics To Law: The Evolution Of Property Rights Protection, Fali Huang

Research Collection School Of Economics

This paper shows how property rights security improves over time as a result of increasing legal quality and political democratization in a political economy context, where political and legal institutions adapt to evolving factor composition of land and capital in the dynamic economic development process. There seems to exist a clear sequence of di⁄erent forms of protection in that it is unlikely to have a strong rule of law with an exploitative political regime, or to have a democratic political system when the distribution of potential coercive power is too skewed. The routine form of protection thus shifts from ...


Research Skills Boot Camp: Preparing Law Students For Internships, Charlotte Gill, Priyanka Sharma, Yuyun W. Ishak Jan 2013

Research Skills Boot Camp: Preparing Law Students For Internships, Charlotte Gill, Priyanka Sharma, Yuyun W. Ishak

Research Collection Library

Legal Internship is an integral part of legal education and is the first brush that a law student has with the legal profession outside the comfortable environs of law school. Since the inception of the law school at Singapore Management University (SMU) in 2007, law students are required to complete a 10 week compulsory internship as an essential part of their legal training pedagogy. The internship is intended to acquaint students with the practical workings of the legal system and the realities of law practice in the private and public sectors. The consistent message that we have received from practitioners ...


Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang Sep 2012

Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang

Research Collection School Of Law

Although 85% of the population of Singapore reside in Housing and Development Board (HDB) flats, this area of the law remains largely under investigated. A perennially contentious issue is the complex interplay between equitable doctrines and the Housing and Development Act. In this article, the author reviews the jurisprudence pertaining to express trust, resulting trust and common intention constructive trust and the HDB flat. This article will also examine the applicability of other equitable doctrines such as donatio mortis causa and proprietary estoppel in relation to the HDB flat. In particular, this article will explore the applicability of the common ...


The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang Sep 2009

The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang

Research Collection School Of Law

This paper is intended to be a contribution to the literature on claims of the democratising effect of the Internet. The paper begins by setting out the arguments and also critiques of claims of the democratising power of the Internet. In order to test the validity of these arguments, the author will undertake a comparative study of the impact of the Internet on recent general elections in Malaysia and Singapore. The study will demonstrate that in the case of Singapore, the Internet has merely exerted some pressure on the pre-existing laws and state-imposed norms governing free speech; in contrast, in ...


Tools For Legislative Oversight: An Empirical Investigation, Riccardo Pelizzo, Rick Stapenhurst Jan 2004

Tools For Legislative Oversight: An Empirical Investigation, Riccardo Pelizzo, Rick Stapenhurst

Research Collection School of Social Sciences

Parliaments are the institutions through which governments are held accountable to the electorate. They have a wide range of tools with which to carry out this oversight function, but until recently little analysis had been undertaken on the characteristics or use of such tools. This paper uses data for 83 countries that was collected in 2001 to investigate whether the oversight potential relates to three variables, namely the form of government (presidential, semi-presidential, or parliamentary), per capita income levels, and the level of democracy. The paper finds that oversight potential is greatly affected by the form of government, per capita ...


Quasi-Flag Of Convenience Shipping: The Wave Of The Future, Rex S. Toh, Sock Yong Phang Dec 1993

Quasi-Flag Of Convenience Shipping: The Wave Of The Future, Rex S. Toh, Sock Yong Phang

Research Collection School Of Economics

Many articles and books have been written to extol the advantages and virtues of flags of convenience (FOC) shipping, argue its necessi ty, and defend the practice. However, from the earliest days there has been opposition to FOC shipping, and lately the disenchantment over this questionable form of open registry has led to the potentially rapid growth of what can be termed as quasi-FOC arrangements. This article will first briefly trace the trend from FOCs to quasi-FOCs, outline the legal framework for regulating international shipping, then discuss the problems, opposition, and legal challenges to open registries. Finally, it will trace ...