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Articles 1 - 21 of 21
Full-Text Articles in Law
Free Will's A Gamble, Seow Hon Tan
Free Will's A Gamble, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The debate over whether Singapore should have a casino has turned from the contest between moral values and social repercussions, on the one hand, and economic values on the other, to whether Singaporeans can be trusted to act responsibly. Put another way, the issue now seems to be whether the approach should be paternalistic, with all its connotations of the nanny state protecting the individual from himself.
True Believers Or Moral Absolutists, Seow Hon Tan
True Believers Or Moral Absolutists, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The recent American presidential elections brought to the fore the question of what place moral values have in public decision-making when traditional moral values are not espoused by all in a pluralist society. Even if traditional values - seen as absolutist - are imposed on others through a democratic electoral process, that imposition, particularly in hot button issues like abortion and same-sex marriage, remains difficult to accept.
Free Will's A Gamble, Seow Hon Tan
Free Will's A Gamble, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The debate over whether Singapore should have a casino has turned from the contest between moral values and social repercussions, on the one hand, and economic values on the other, to whether Singaporeans can be trusted to act responsibly. Put another way, the issue now seems to be whether the approach should be paternalistic, with all its connotations of the nanny state protecting the individual from himself.
True Believers Or Moral Absolutists, Seow Hon Tan
True Believers Or Moral Absolutists, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The recent American presidential elections brought to the fore the question of what place moral values have in public decision-making when traditional moral values are not espoused by all in a pluralist society. Even if traditional values - seen as absolutist - are imposed on others through a democratic electoral process, that imposition, particularly in hot button issues like abortion and same-sex marriage, remains difficult to accept.
Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Jack Tsen-Ta Lee
Treaties, Time Limits And Treasure Trove: The Legal Protection Of Cultural Objects In Singapore, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
This article considers the extent to which civil and criminal law in Singapore deters the unlawful removal of cultural objects from the possession of private owners, art galleries and museums, or from archaeological sites, and provides redress to victims. Given Singapore's position as the crossroads of Asia, the law must be able to cope with the flow of objects in and out of the country. The law is currently deficient as it is not tailored to deal with issues concerning cultural heritage, and needs to be reformed in several respects. There are sound reasons for a modern State like Singapore …
The Politics Of Wto Enforcement Mechanism, Pao Li Chang
The Politics Of Wto Enforcement Mechanism, Pao Li Chang
Research Collection School Of Economics
This paper attempts to develop a formal economic framework to analyze the influences of domestic political considerations by democratic governments in shaping the WTO enforcement outcomes following a violation ruling against the defendant. Since a different mix of import and export sectors in the defendant and complainant country will benefit from the various potential enforcement outcomes, they become competing forces which steer the strategic interactions between the disputing governments. The results of the paper illustrate the complainant's strategy in selecting the retaliation list, and the likelihood of the defendant's compliance or compensation in response to the proposed or foreseeable retaliation, …
The Demise Of Corrections Fifteen Years On: Any Hope For Progressive Punishment?, Mark Findlay
The Demise Of Corrections Fifteen Years On: Any Hope For Progressive Punishment?, Mark Findlay
Research Collection Yong Pung How School Of Law
A decade and a half ago I wrote an article entitled The Demise of Corrections (Findlay 1988). The central thesis was that penal correctionalism had failed because it was piecemeal and lacked the support of a well developed commitment to alternative strategies to the prison. The criticism is sharper in the current context of imprisonment in NSW where correctional expectations continue to disappoint (and be disappointed), despite a recent revival of interest in 'what works' offender management programmes.
Visualising The Adr Landscape, Nadja Alexander
Visualising The Adr Landscape, Nadja Alexander
Research Collection Yong Pung How School Of Law
Access to ADR can be conceptualised in a number of ways. Some commentators focus on the court or the legal profession as a central access point for disputes. While this may seem natural for lawyers and judges, such an approach fails to account for the vast majority of disputes – approximately 80 per cent – that never see a lawyer, let alone a court. Other commentators focus on private or community-based applications of ADR as well as transactional applications of mediation such as contract negotiations. Yet others analyse ADR from the perspective of particular stakeholder groups such as industry, insurers, …
The Politics Of Wto Enforcement Mechanism, Pao Li Chang
The Politics Of Wto Enforcement Mechanism, Pao Li Chang
Research Collection School Of Economics
This paper attempts to develop a formal economic framework to analyze the influences of domestic political considerations by democratic governments in shaping the WTO enforcement outcomes following a violation ruling against the defendant. Since a different mix of import and export sectors in the defendant and complainant country will benefit from the various potential enforcement outcomes, they become competing forces which steer the strategic interactions between the disputing governments. The results of the paper illustrate the complainant's strategy in selecting the retaliation list, and the likelihood of the defendant's compliance or compensation in response to the proposed or foreseeable retaliation, …
Re-Examining Public Policy: A Case For Conditional Fees In Singapore?, Gary Chan
Re-Examining Public Policy: A Case For Conditional Fees In Singapore?, Gary Chan
Research Collection Yong Pung How School Of Law
Conditional fee agreements are currently prohibited in Singapore. The Singapore courts still adhere to the public policy considerations expressed in the English common law which proscribe maintenance and champerty. However, the United Kingdom as well as Ontario (Canada) and Australia have recently ‘departed’ from the old system prohibiting conditional fee agreements. It is thus timely for Singapore to re-examine the public policy arguments against conditional fee agreements and inquire whether a conditional fee based system ought to be introduced. Apart from the above jurisdictions, lessons will also be drawn from the problems and issues faced by the US and the …
Proprietary Relief Without Rescission, Hang Wu Tang
Proprietary Relief Without Rescission, Hang Wu Tang
Research Collection Yong Pung How School Of Law
The decision of the Court of Appeal in Halley v. The Law Society [2003] EWCA Civ 97 has the potential to muddy the waters of the law of rescission. It is a fundamental principle that a fraudulent misrepresentation renders a contract voidable at the instance of the representee (Bristol and West Building Society v. Mothew [1998] Ch. 1, 22). Modern authorities suggest that the representee does not have any proprietary interest in property transferred by him pursuant to the contract before rescission (see Bristol and West Building Society v. Mothew [1998] Ch. 1, 22-23; Twinsectra Ltd. v. Yardley [1999] Lloyd's …
When Your Multicultural Dinner Party Conversation Becomes An International Mediation, Nadja Alexander
When Your Multicultural Dinner Party Conversation Becomes An International Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
Interview with Mr Jernej Sekolec, secretary of UNCITRAL.
The Chameleon Mediator, Nadja Alexander
The Chameleon Mediator, Nadja Alexander
Research Collection Yong Pung How School Of Law
In the early phases of the Anglo-American mediation movement, certain models were promoted in theory and training and applied in practice. The models differed, depending on the background of the trainers/mediators, the cultural context and the jurisdiction in which the training and practice took place. In the mediation world of shared understandings and collaboration, there was often competition and sometimes even conflict among advocates of the various theories, models, approaches and styles.
Group Taxation: Ifa Singapore Branch Report, Cecil Duncan Macrae
Group Taxation: Ifa Singapore Branch Report, Cecil Duncan Macrae
Research Collection Yong Pung How School Of Law
No abstract provided.
A Preliminary Analysis Of The Amendments To The Japanese Secured Transaction Law, Wei Zhang
A Preliminary Analysis Of The Amendments To The Japanese Secured Transaction Law, Wei Zhang
Research Collection Yong Pung How School Of Law
The collapse of the Japanese asset price bubble in the 90's left a record amount of non-performing loans in the nation's financial system. To tackle this unprecedented crisis, both legal scholars and practitioners in Japan advocated for a series of amendments to its secured transaction law to facilitate the enforcement of mortgages by banks. In this paper, based on the state of the post-bubble real estate finance market, I discussed the major drawbacks of the existing Japanese secured transaction system as it was applied in the real estate arena. I commented on the proposed material amendments to the Japanese secured …
On The Effectiveness Of The Restrictions Governing Life In A Common Interest Community: A Comparative Study Between American And Japanese Law, Wei Zhang
Research Collection Yong Pung How School Of Law
In this article, I made a comparative study on the laws regulating the restrictions established by developers or among property owners in common interest communities in the U.S. and Japan, as well as the cultural and social backgrounds against which they are created. It appears that similar rules exist in both countries to combat excessive restrictions on life in common interest communities, although the American law treats the ex ante restrictions somewhat differently from the ex post ones. Using a law and economics perspective, I argue that such disparate treatments make good sense given the feasibility of internalizing the effects …
Mediation: Ein Meta Modell, Nadja Alexander
Mediation: Ein Meta Modell, Nadja Alexander
Research Collection Yong Pung How School Of Law
The Mediation Meta-Model introduced in this article provides a framework for understanding a range of mediation practice models and their relationship to each other and to other ADR processes. It extends the work of Riskin in two ways: first by revising the dimensions of his original Grid to form a Mediation Meta-Model and second, by identifying and labeling a range of practice models within this Meta-Model. The practice models draw from Boulle\u27s work and extend Boulle\u27s four primary models to five. This Meta-Model is developmental insofar as it has the ability to accommodate emerging and changing practice models of mediation. …
Peoples Union For Civil Liberties V Union Of India: Is Indian Democracy Dependent On A Statute?, Shubhankar Dam
Peoples Union For Civil Liberties V Union Of India: Is Indian Democracy Dependent On A Statute?, Shubhankar Dam
Research Collection Yong Pung How School Of Law
What is the status of a right to vote in the Indian legal system? Is the right a constitutional/fundamental right? Or is it simply a statutory right? Contrary to the decisions of the Supreme Court in the last five decades, this paper argues that the right to vote is a constitutional right: its textual foundation may be located in Article 326. And, in this sense, the Supreme Court has erred in construing the right to vote as a statutory right under the Representation of Peoples Act, 1951. Interpreting the right to vote as a statutory right has larger implications for …
Mediation On Trial: Ten Verdicts On Court-Related Adr, Nadja Alexander
Mediation On Trial: Ten Verdicts On Court-Related Adr, Nadja Alexander
Research Collection Yong Pung How School Of Law
This article critically evaluates the development of court-related mediation by reference to the evolution of ADR practice and theory. The author explores the divergent approaches taken in different jurisdictions to the relationship between ADR and court-based processes while referring to some similar phases of development and the varied empirical examinations of process. The integration of ADR into the 'mainstream' dispute resolution culture is also explored from the perspective of the diversity versus consistency of process debates while reflecting upon the variations in ADR usage between inquisitorial and more adversarial legal systems.
Prisons As Progressive Punishment? The State Of Corrective Services, Mark Findlay
Prisons As Progressive Punishment? The State Of Corrective Services, Mark Findlay
Research Collection Yong Pung How School Of Law
In the early days of his third term as Premier of New South Wales, Bob Carr challenged his government to move away from current law and order politics and to come up with a more progressive approach to punishment. Central to this would be a reconsideration of the place of the prison in criminal justice. Prisons, by their nature and the communities they house, suffer more acutely from the factors of social exclusion that characterise the underprivileged sectors of Australian society. Without the exacerbation of a custodial experience, these characteristics alone militate against the successful reintegration of prisoners back into …
Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam
Strikes Through The Prism Of Duties: Is There A Fundamental Duty To Strike Under The Indian Constitution?, Shubhankar Dam
Research Collection Yong Pung How School Of Law
Much of the debates on the legality of strikes under the Indian Constitution has been on the issue of a right to strike. This paper argues that the constitutionality of strikes may be analysed through the prism of duties, i.e. fundamental duties under Part IVA of the Constitution. Strikes were an integral part of the ideals that inspired India's national struggle against imperialism. And, in this sense, when article 51A exhorts Indians to cherish and follow the noble ideals that inspired our freedom struggle, it includes a fundamental duty to strike. Invoking the philosophy of Mahatma Gandhi, the paper argues …