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Singapore Management University

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Articles 1921 - 1940 of 1940

Full-Text Articles in Law

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 Vetting: The Jury Under Attack, Peter Duff, Mark Findlay Jul 1983

Jury Vetting: The Jury Under Attack, Peter Duff, Mark Findlay

Research Collection Yong Pung How School Of Law

The English jury has recently been undergoing various alterations. These changes have their roots in assumptions, often not clearly identified, about the nature and purpose of the jury within the criminal justice system. Once the purpose and ideals of the jury system are identified, and there may be arguments about what they are,' it becomes apparent that there may be a conflict about how they should be put into practice. The state and its agencies may take one view whilst others may differ. An example of one such conflict is the controversy over the newly discovered practice of 'jury vetting'.

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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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Federalism And State Taxation Of Multistate Enterprises, Howard Hunter Jan 1983

Federalism And State Taxation Of Multistate Enterprises, Howard Hunter

Research Collection Yong Pung How School Of Law

This article began to develop in my mind during the fall of 1981 when I read the Supreme Court's opinion in Commonwealth Edison Co. v. Montana,1 as I was preparing notes for my first year constitutional law class. I was trying to determine how best to present to novices the sometimes dry and often confusing materials onthe Commerce Clause, and Commonwealth Edison, at first blush, seemed to be a good case to use with National League of Cities v. Usery2 to discuss the scope of permissible federal action under the Commerce Clause and the concomitant limitations on state action also …

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Toward A Better Understanding Of The Prior Restraint Doctrine: A Reply To Professor Mayton, Howard Hunter Jan 1982

Toward A Better Understanding Of The Prior Restraint Doctrine: A Reply To Professor Mayton, Howard Hunter

Research Collection Yong Pung How School Of Law

In his Article on first amendment process, Professor Mayton challenges a "sacred cow" of current first amendment theology and, in so doing, forces us to consider more carefully the implications of certain accepted approaches to the resolution of disputes about speech. Much of what he says about the process by which government restrains speech is true, especially that the prior restraint doctrine has often been inadequately understood and inappropriately invoked. Nevertheless, some of his premises are subject to question. Furthermore, his conclusion that a prior restraint model provides a better mechanism for the protection of speech than does a subsequent …

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A Reprise On Herbert V. Lando And The Law Of Defamation, Howard Hunter Jan 1982

A Reprise On Herbert V. Lando And The Law Of Defamation, Howard Hunter

Research Collection Yong Pung How School Of Law

Three and a half years ago, in an article, published in a symposium issue of the Kentucky Law Journal focusing on the first amendment, I examined the United States Supreme Court decision of Herbert v. Lando. The Court held that reporters, editors and publishers are not protected by any "editorial privilege" from "state of mind" inquiries during discovery in a defamation case governed by the standard of liability set forth in New York Times Co. v. Sullivan. The Supreme Court decision in Lando stirred a mild flurry of academic comment, partly because it reversed the Second Circuit's broad ruling in …

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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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Criminal Liability For Complicity In Abortions Committed Outside Ireland, Mark Findlay Jun 1980

Criminal Liability For Complicity In Abortions Committed Outside Ireland, Mark Findlay

Research Collection Yong Pung How School Of Law

The legislative provisions which make it an offence to procure a miscarriage unlawfully or assist in the unlawful procurement are to be found in sections 58 and 59 or the Offences Against the Person Act 1861. In recent years the most common way for an Irish woman to obtain an abortion has been to leave the Republic and obtain such an operation in Britain, where the restrictions imposed on the medical profession with regard to performing operations are far less onerous. How then would the Irish courts view secondary parties to such extra-territorial activities?

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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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Editorial Privilege And The Scope Of Discovery In Sullivan Rule Libel Actions, Howard Hunter Jan 1979

Editorial Privilege And The Scope Of Discovery In Sullivan Rule Libel Actions, Howard Hunter

Research Collection Yong Pung How School Of Law

The war in Vietnam was the source of a great deal of social, political, and legal controversy. The impact of that war on our society was significant and substantial, but most students of the experience would probably not have predicted that the war's events would produce a lawsuit that could have a significant effect on the common law tort of defamation. The intriguing saga of Lt. Colonel Anthony Herbert, however, set the stage for the decision of a case that was almost as important to libel litigants as New York Times Co. v. Sullivan and Gertz v. Robert Welch, Inc.

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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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A Warmer Way Of Disputing: Mediation And Conciliation, David Nathan Smith Jan 1978

A Warmer Way Of Disputing: Mediation And Conciliation, David Nathan Smith

Research Collection Yong Pung How School Of Law

No abstract provided.

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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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Report On Antitrust Implications Of Joint Industry Activities Under Price Controls, William W. Sadd, William E. Huth, John C. Cortesio, Howard Hunter Feb 1975

Report On Antitrust Implications Of Joint Industry Activities Under Price Controls, William W. Sadd, William E. Huth, John C. Cortesio, Howard Hunter

Research Collection Yong Pung How School Of Law

Pursuant to the authority of the Economic Stabilization Act of 1970, the nation has recently experienced "Phase IV" of a program of price controls. This statutory authority expired on April 30, 1974, except as to certain petroleum products. Phase IV, to a greater extent than the preceding three phases of controls, gave rise to a need and an opportunity for joint industry efforts to influence and guide governmental authorities in shaping pricing policies in the economy. This report, therefore, examines the legal basis for such joint industry activities within the purview of Section 1 of the Sherman Act. If authority …

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The Abandonment Defense In Private Antitrust Conspiracy Cases, Howard Hunter Jan 1975

The Abandonment Defense In Private Antitrust Conspiracy Cases, Howard Hunter

Research Collection Yong Pung How School Of Law

The current unsettled state of the American economy has caused considerable comment about the purposes and effectiveness of the federal antitrust laws as economic regulatory statutes. Among government enforcers, the debates have been particularly acerbic. Trade journals have printed conflicting comments by representatives of a number of government regulatory agencies. Certain government representatives suggest that the regulatory agencies themselves have caused the development of anticompetitive practices while other enforcers and commentators have suggested that more government regulation of competition, or the sanctioning of greater industry cooperation rather than competition, would be beneficial to the economy.

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Mineral Agreement In Developing Countries: Structures And Substance, David Nathan Smith, Louis T. Wells Jan 1975

Mineral Agreement In Developing Countries: Structures And Substance, David Nathan Smith, Louis T. Wells

Research Collection Yong Pung How School Of Law

Despite the many dramatic developments that have occurred over thepast half dozen years in relation to the production of natural resources insome areas of the third world, mineral production in most developingcountries is still carried out through contractual arrangements betweenforeign firms and host country governments. The nationalization of thecopper industry in Chile and the baudte industry in Guyana, the spectacularsuccesses of OPEC, and the completed or projected nationalizationsof petroleum operations in a number of countries have taken center stagesince 1969. Nevertheless, these developments are not typical of the vastmajority of mineral arrangements in developing countries.

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Georgia Investment Company V. Norman: The Supreme Court Creates A New Form Of Class Action For Georgia, Howard Hunter Jan 1973

Georgia Investment Company V. Norman: The Supreme Court Creates A New Form Of Class Action For Georgia, Howard Hunter

Research Collection Yong Pung How School Of Law

The recent decision of the Georgia Supreme Court in Georgia Investment Co. v. Norman has raised a number of interesting and difficult questions about the maintenance of class actions in the Georgia courts. The Norman decision could have serious ramifications for courts, lawyers and litigants in Georgia, and if its rationale should find acceptance in other jurisdictions the effects could be much broader in scope. The class action device can be an efficient and relatively inexpensive method for the adjudication of similar claims of a large number of persons in one proceeding. At its best, the class suit can work …

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Native Courts Of Northern Nigeria: Techniques For Institutional Development, David Nathan Smith Jan 1968

Native Courts Of Northern Nigeria: Techniques For Institutional Development, David Nathan Smith

Research Collection Yong Pung How School Of Law

One of the first acts of Nigeria's new military Government followingthe coup d'etat that disposed of the previous Government on January 15,1966, was to announce that its ultimate goal with regard to judicial reformis to integrate the locally administered native courts into theRegional Governmental court structure. As a first step, the more than750 native courts of Northern Nigeria,' previously supervised by theMinistry of Justice, were placed under the supervision of the politicallyindependent Judicial Department. More recently, the native courts havebeen made independent of the native authorities, the local governmentunits, and the judicial powers of the Emirs' courts have been withdrawn.

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