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Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay Dec 1984

Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

Whether or not it is the nature of the protest itself which makes it unsuitable for resolution in a court-room situation, the case law relating to "hunger strikes" (and State's response) is both sparse and insignificant. Perhaps on the basis of its uniqueness alone, the case of Schneidas v. Corrective Services Commission(New South Wales) and Others should be of particular interest to jurists on both sides of the Irish border.

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Organised Resistance, Terrorism And Criminality In Ireland: The State's Construction Of The Control Equation, Mark Findlay Jan 1984

Organised Resistance, Terrorism And Criminality In Ireland: The State's Construction Of The Control Equation, Mark Findlay

Research Collection Yong Pung How School Of Law

Despite the reality of partition that created "two Irelands," comparative analysis of the state's reactions to terrorism in the Province and in the Republic is rare. The struggle over reunification, which permeates society on both sides of the border, is usually viewed by the populist press not from the Irish viewpoint, but rather from the perspective of the British government. Given this bias, organized resistance -- most notably in the North of Ireland -- is represented as an assault on a majority-supported state. Because the legitimacy of the state under attack is rarely questioned, and the motivations for the resistance …

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Curriculum, Pedagogy, And The Constitutional Rights Of Teachers In Secondary Schools, Howard Hunter Sep 1983

Curriculum, Pedagogy, And The Constitutional Rights Of Teachers In Secondary Schools, Howard Hunter

Research Collection Yong Pung How School Of Law

American schools have served as battlegrounds for competing social policies for generations. Major national disputes have centered on racial problems, busing, and federal funding. Local debate continues over curricula, teacher competence, pedagogical methods, textbooks and library books, discipline, and such trivial matters as hairstyle. Nationally, the current debates about school prayer and tax credits for the payment of private school tuition have consumed the time and resources of numerous individuals. These disputes show no sign of abating. Teachers are the most significant participants in the educational process. Their work involves those activities--speaking, writing, and questioning--that constitute the core values protected …

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Jury Trial In Singapore And Malaysia: The Unmaking Of A Legal Institution, Andrew B.L. Phang Jul 1983

Jury Trial In Singapore And Malaysia: The Unmaking Of A Legal Institution, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

THE main task of this article is to inquire into the reasons for the general decline and final abolition of the jury system 1 in Singapore.2 It also seeks to discover why the decline and fall of a major legal institution aroused so little public debate, let alone outcry. To this end, the focus must necessarily be historical, but, in the context of a nation still in the process of discovering its legal heritage, it is hoped that the account which follows will contribute in some small way towards the development of our legal

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Stare Decisis In Singapore And Malaysia: A Sad Tale Of The Use And Abuse Of Statutes, Andrew B.L. Phang Jan 1983

Stare Decisis In Singapore And Malaysia: A Sad Tale Of The Use And Abuse Of Statutes, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

A study of the cases and literature with regard to stare decisis in Singapore and Malaysia will reveal at least one salient characteristic - the propensity, primarily of the Courts, to misread statutes and twist them (whether inadvertently or otherwise) in order to justify a particular conclusion. Ironically enough, at the end of the day, similar (though not identical) conclusions could have been reached without the need to resort to any particular statutory provision. In this short article, I shall not endeavour to retrace ground already well covered by others, but will set out, in rather summary form, further reflections …

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The Continuing Debate Over Tuition Tax Credits, Howard Hunter Dec 1980

The Continuing Debate Over Tuition Tax Credits, Howard Hunter

Research Collection Yong Pung How School Of Law

Prior to the end of World War II, the federal government had little involvement in educational matters. Since then it has become a principal benefactor of higher education and has provided substantial financial assistance to public elementary and secondary schools. In addition, the federal government has funded various programs for preschool education, for adult education, for the training of physically or mentally disabled persons, for student loans, for veterans' benefits and for numerous other educational programs. Thus education, once a matter for private control and support and for local and state government regulation has now become a matter of significant …

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Statutory And Judicial Responses To The Problem Of Access To Government Information, Constance Y. Singleton, Howard Hunter Mar 1979

Statutory And Judicial Responses To The Problem Of Access To Government Information, Constance Y. Singleton, Howard Hunter

Research Collection Yong Pung How School Of Law

The tremendous growth of government occasioned by greater involvement in the social and economic life of the nation has been the cause of many concerns. Two perennial concerns have been the extent to which the government can prevent public access to information on the basis of which policies and decisions are made and the possibility for misuse by the government of information private to individuals or business firms. This article focuses on federal statutory responses to these issues. The legislative intent has usually been praiseworthy but the resulting statutes, especially as they have been interpreted by the courts, have often …

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An Essay On Contract And Status: Race, Marriage And The Meretricious Spouse, Howard Hunter Nov 1978

An Essay On Contract And Status: Race, Marriage And The Meretricious Spouse, Howard Hunter

Research Collection Yong Pung How School Of Law

The notions of contract and status present one of the great paradoxes in Anglo-American jurisprudence: the two concepts are antithetical, yet they overlap significantly in those areas where private interests and public interests collide or coincide. The source of this antithesis is in the origins of the concepts. Contract emerges from private transactions, but status is publicly imposed. Examining the overlap reveals the tendency of late twentieth century Amercan judges to intermingle contradictory legal concepts when faced with difficult social problems.

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Federal Antibias Legislation And Academic Freedom: Some Problems With Enforcement Procedures, Howard Hunter Jan 1978

Federal Antibias Legislation And Academic Freedom: Some Problems With Enforcement Procedures, Howard Hunter

Research Collection Yong Pung How School Of Law

Since World War II, changes and developments in various policies of the American government have given rise to a vast array of complex regulations applicable to institutions of higher learning that receive federal financial support.' Before World War II the federal government was not wholly divorced from matters of higher education, but financial support came principally from state or local governments and from private sources. The shift to a more active federal role has profoundly affected the nation's private colleges and universities.' While state schools have always had a close relationship with their supporting governments, the increased federal role has …

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Prescription Drugs And Open Housing: More On Commercial Speech, Howard Hunter Jan 1976

Prescription Drugs And Open Housing: More On Commercial Speech, Howard Hunter

Research Collection Yong Pung How School Of Law

It has long been an assumption of American democracy that the liberties guaranteed by the First Amendment to the Constitution are fundamental to the development and success of a democratic society. The freedom to speak one's mind, to publish one's thoughts, to petition the government for a redress of grievances, and to worship or to refrain from worshipping according to one's conscience are those freedoms which set a democratic society apart from other forms of political organization. They provide the individual with the opportunity for self-fulfillment and the society with the benefit of the thoughts, ideas, and aspirations of an …

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