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Full-Text Articles in Law

The Sec Revolving Door And Comment Letters, Michael Shen, Samuel T. Tan May 2023

The Sec Revolving Door And Comment Letters, Michael Shen, Samuel T. Tan

Research Collection School Of Accountancy

Government officials, advocacy groups, and the business press have raised concerns that former SEC employees may continue to influence the SEC after leaving the agency. Using hand-collected data on the characteristics of 1,384 lawyers who represented firms in responding to SEC comment letters between 2005 and 2016, we examine the impact of post-revolving SEC employees on the SEC comment letter process. Among other determinants, we find that older and larger firms with a history of litigation are more likely to hire former SEC lawyers over non-SEC lawyers. Relative to firms that involve only non-SEC lawyers, we find that firms that …


The Importance Of Ethics In The Practice Of Mediation, Dorcas Quek Anderson Dec 2021

The Importance Of Ethics In The Practice Of Mediation, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

What is the predominant function of ethics for the mediation profession in Singapore? Do ethical principles assume greater significance in light of increasing institutionalisation of mediation programmes in Singapore? What can mediators, mediation advocates and mediation institutions do to ensure consistent adherence to ethical standards? These and other related issues were discussed in a webinar organised by the Singapore Academy of Law in May 2021 featuring Lim Tat, Chuan Wee Meng and this author as panellists, together with See Chern Yang as moderator. This article highlights the notable discussion points of the webinar, including the significance of mediation ethics, common …


"Doing It For The 'Gram?" The Representational Politics Of Popular Humanitarianism, Orlando Woods, Siew Ying Shee Mar 2021

"Doing It For The 'Gram?" The Representational Politics Of Popular Humanitarianism, Orlando Woods, Siew Ying Shee

Research Collection School of Social Sciences

This paper explores how digital photography – the practice of taking pictures and sharing them via social media – can give rise to representational politics. These politics are pronounced when disadvantaged people and places are the objects of digital representation, as they become (dis)empowered by being implicated in the affective economy of difference. Empirically, we examine the representational practices that Singaporean voluntourists, and companies that organise overseas humanitarian projects, engage in. We highlight how their motivations for engaging with these projects can be obfuscated by the opportunity to generate influence on Instagram, which can then shape the practice of popular …


More Uplifting Singapore Story Needed To Boost Baby Confidence, Tan K. B. Eugene Oct 2019

More Uplifting Singapore Story Needed To Boost Baby Confidence, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed the reasons why Singaporean couples have consistently preferred to have few children since the 1970s. He opined that there is a need to have a discussion of how the prevailing traits and narrative of Singapore might have created a climate where young couples choose to have fewer children, and to have a more uplifting Singapore story as well as promote gender equality to boost baby confidence.


Search Engines And Internet Defamation: Of Publication And Legal Responsibility, Gary Kok Yew Chan May 2019

Search Engines And Internet Defamation: Of Publication And Legal Responsibility, Gary Kok Yew Chan

Research Collection Yong Pung How School Of Law

When the Internet user keys a search term and clicks “enter”, a series of snippets, images and html links will appear typically running into several web pages. In the case of Autocomplete suggestions, the result appearing on the bar changes with each keystroke even before the user clicks “enter”. As a result, in the course of finding search results from the original search term, the user is constantly provided with suggestions of other search terms. The search results and Autocomplete suggestions may be defamatory of individuals and businesses by associating them with dishonest and improper activities or conduct. Should search …


Ethical Concerns In Court-Connected Online Dispute Resolution, Dorcas Quek Anderson Apr 2019

Ethical Concerns In Court-Connected Online Dispute Resolution, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the fore. As a fourth party, the ODR system not only replaces existing court functions, but enlarges the scope of the courts’ intervention in disputes and increases the courts’ interface with the user. Furthermore, certain ethical principles such as transparency, accountability, impartiality and fairness take on greater significance in the court context than in …


Surrogacy, Child’S Welfare, And Public Policy In Adoption Applications, Seow Hon Tan Jan 2019

Surrogacy, Child’S Welfare, And Public Policy In Adoption Applications, Seow Hon Tan

Research Collection Yong Pung How School Of Law

This case note discusses the Singapore High Court case of UKM, in which an order was granted to a gay man to adopt his biological son conceived through a gestational surrogacy arrangement in the United States. In particular, the High Court’s assessment of the welfare of the child and of public policy, in light of two factors—the prohibition of male homosexual acts in section 377A of the Penal Code and the de facto curtailment of domestic surrogacy by Singapore’s restrictive rules relating to the use of assisted reproduction technology services—will be examined.


Individual Lawyers, The Sec Revolving Door, And Comment Letters, Michael Shen, Samuel T. Tan Jun 2018

Individual Lawyers, The Sec Revolving Door, And Comment Letters, Michael Shen, Samuel T. Tan

Research Collection School Of Accountancy

Government officials, advocacy groups, and the business press have raised concerns that former SEC employees may continue to influence the SEC after leaving the agency. Using a hand-collected database of individual lawyers that represent firms in responding to SEC comment letters, we examine the impact of individual lawyers, and lawyers formerly employed by the SEC, on the comment letter process. We document significant differences between lawyers and law firms in their clients’ resistance to SEC comment letters, and find that firms that retain former SEC employees are larger, more profitable, and more likely to have received a comment letter raising …


Negotiating The Legal Systems In Asean, Kee Yang Low, Philip Charles Zerrillo May 2018

Negotiating The Legal Systems In Asean, Kee Yang Low, Philip Charles Zerrillo

Asian Management Insights

One may ask: What is a thought piece on legal systems doing in a business magazine?


Smu And Rht Rajan Menon Foundation Affirm Commitment To Cultivate Pro Bono Spirit Among Law Students And Within The Legal Fraternity, Singapore Management University Oct 2017

Smu And Rht Rajan Menon Foundation Affirm Commitment To Cultivate Pro Bono Spirit Among Law Students And Within The Legal Fraternity, Singapore Management University

SMU Press Releases

In conjunction with the official launch of the Singapore Management University (SMU) Pro Bono Centre’s new premises at the SMU School of Law building today, the University announced a gift of S$300,000 from the RHT Rajan Menon Foundation, which will support the Centre for a period of five years starting from Academic Year 2017-2018. Both parties are also delighted to announce the appointment of Mr Chan Sek Keong, former Chief Justice and current Senior Judge of the Singapore Supreme Court as the Centre’s Advisor. Mr Chan unveiled the new premises today at the launch ceremony today, together with SMU Provost, …


Smu Pro Bono Centre’S New Premises Officially Unveiled, Singapore Management University Oct 2017

Smu Pro Bono Centre’S New Premises Officially Unveiled, Singapore Management University

SMU Press Releases

“Pro bono legal services represent the highest form of social work that the legal profession can perform in service to the public. Everyone needs some form of legal assistance or advice at one time or another. It is not just free work, but free work for our poor ‘neighbours’ without expectation of any kind of material reward – it is the work of the Good Samaritan. It is free work, given from the heart,” said Mr Chan Sek Keong, former Chief Justice and current Senior Judge at the Singapore Supreme Court, at the official opening of the SMU Pro Bono …


A Doctor’S Duty Of Disclosure: Uksc Sets New Paradigm In Montgomery V Lanarkshire Health Board, Kee Yang Low Jan 2015

A Doctor’S Duty Of Disclosure: Uksc Sets New Paradigm In Montgomery V Lanarkshire Health Board, Kee Yang Low

Research Collection Yong Pung How School Of Law

Montgomery v Lanarkshire Health Board (“Montgomery”)1 is about a baby being born with severe disabilities. Expectant mothers of small build and suffering from diabetes,2 such as the plaintiff, run the risk of shoulder dystocia, that is – the situation of the baby’s shoulders being unable to pass through the pelvis in a normal delivery.3 In this case, the patient was not told of the risk of shoulder dystocia as, in the doctor’s opinion, the possibility was very small. The doctor was not inclined to warn as most mothers, if told would opt for a ceasarean section and that would deprive …


Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan Jan 2014

Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan

Research Collection Yong Pung How School Of Law

This article examines the findings of an empirical study of law students from the Singapore Management University on their internship experiences at private law firms. As internships are frequently undertaken by law students, it is necessary for stakeholders to understand their impact on the values and ideals of law students in relation to the law and legal practice. This article seeks to increase the consciousness of law school educators, lawyers, and the professional bar about how law firm internships are contributing to the making of future lawyers, so as to facilitate the reflection by these parties as to their roles …


Go Beyond ‘Nudges’ In Tackling Discrimination, Tan K. B. Eugene Sep 2013

Go Beyond ‘Nudges’ In Tackling Discrimination, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In this commentary, SMU Associate Professor of Law and NMP Eugene Tan shared his thoughts on the Fair Consideration Framework (FCF), which was describe by Acting Manpower Minister Tan Chuan-Jin as a “nudge” to employers to give Singaporean professionals, managers and executives (PMEs) – who constitute about a third of the workforce – a “fair chance” at job and development opportunities.


Tripartism’S Stress Points Are Showing, Tan K. B. Eugene Dec 2012

Tripartism’S Stress Points Are Showing, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Assistant Professor of Law Eugene Tan discussed the implications of the SMRT strike incident and whether tripartism has lost its relevance. Assistant Prof Tan highlighted that there are deep, systemic issues within SMRT, and that the reach of the triapartism is not enough. He also highlighted the need to stamp out discrimination, and said that employers need to review their mindsets towards workers, especially foreign ones, and act ethically, equitably and responsibly given the default imbalance of power in the workplace.


Trust And The Commitment To Fairness, Tan K. B. Eugene Nov 2011

Trust And The Commitment To Fairness, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Assistant Professor Eugene Tan writes that tripartism has given us years of industrial peace and prosperity in Singapore, but warns that trust must work both ways. The high principle of tripartism does not necessarily mean that the partners will subscribe to the same policies and outlook on what is needed for workplace harmony.


The Way We Think: Ethics, Health And The Environment In International Business, David N. Smith Mar 2010

The Way We Think: Ethics, Health And The Environment In International Business, David N. Smith

Research Collection Yong Pung How School Of Law

Breaches of ethics and social responsibility in domestic and international business are typically thought to be anchored in such phenomena as greed, dishonesty and conflict of interest. While these forces are frequently at work in international business transactions, there is often another major force at work when failures of ethics and social responsibility occur. This article addresses the question of what is it about the way that transnational company managers and government officials think or don't think that leads to breaches of ethics and social responsibility - breaches that often result in major health, environmental and social tragedies. The article …


Utility, Rights And Relativity: A Preliminary Look At Lawyers In Hard Cases, Andrew B.L. Phang Jan 1993

Utility, Rights And Relativity: A Preliminary Look At Lawyers In Hard Cases, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The following article was written several years ago; its objective (as the opening paragraphs suggest) was to set forth, in as simple a form as possible, the basic philosophical as well as ethical dilemmas and issues confronting lawyers. The audience initially targeted comprised practitioners. The manuscript has, however, stayed on the shelf, gathering dust. I can think of no clear reason for this. Perhaps it was because of the preachiness inherent within the purpose. Perhaps it was because it did not really add anything remarkably new to the literature on the subject - a great stumbling block to writers, despite …