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Articles 1 - 30 of 47
Full-Text Articles in Law
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern post-September 11. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilization” between the Muslim world and the modern world. Having declared itself a terrorist's “iconic target,” Singapore has taken a broad-based community approach in advancing inter-religious tolerance, including a subtle initiative to include the “Muslim civil society” in …
The Japanization Of American Corporate Governance? Evidence Of The Never-Ending History For Corporate Law, Dan W. Puchniak
The Japanization Of American Corporate Governance? Evidence Of The Never-Ending History For Corporate Law, Dan W. Puchniak
Research Collection Yong Pung How School Of Law
The debate over corporate governance convergence has been heated for years and has created a cottage industry of experts. It is premised on the false assumption that American corporate governance has reached the end of its evolution by adopting a shareholder primacy and dispersed shareholding governance model. This article demonstrates that American corporate governance continues to evolve and that as such the convergence debate is fundamentally flawed and not worth fixing. The point of this article is simple: there is no endpoint corporate governance model. There is no optimally efficient American model. There is no optimally efficient Japanese model. To …
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
The Sunset Of "Quality Control" In Modern Trademark Licensing, Irene Calboli
Research Collection Yong Pung How School Of Law
Historically, based on the premise that trademark protection is about consumer welfare, trademark law has allowed trademark licensing only as long as licensors control the quality of the products bearing the licensed marks. Ever since its adoption, however, this rule has been difficult to enforce because it hinges on a concept that is ambiguous and difficult to frame in a legal context: quality control. Unsurprisingly, the consequence has been inconsistent case law and much uncertainty as to what represents valid licensing. In addition, in the past decades, courts have proven increasingly reticent to strictly apply this rule and have declared …
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Lawyers And Great Expectations In Pakistan, Shubhankar Dam
Research Collection Yong Pung How School Of Law
No abstract provided.
The Singapore Academy Of Law Annual Lecture 2007: Australia’S Contribution To The Development Of The Common Law, Delivered By The Honourable Murray Gleeson Ac, Chief Justice Of Australia, Yihan Goh, Nathaniel Khng
The Singapore Academy Of Law Annual Lecture 2007: Australia’S Contribution To The Development Of The Common Law, Delivered By The Honourable Murray Gleeson Ac, Chief Justice Of Australia, Yihan Goh, Nathaniel Khng
Research Collection Yong Pung How School Of Law
No abstract provided.
Giving Voice To The Religious, Seow Hon Tan
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relevance of moral values endorsed by religious persons in public decision-making has often been debated. The issue comes to the fore again in relation to the debate on Section 377A of the Penal Code dealing with acts of gross indecency between males. With the flourishing of diverse viewpoints that is a natural consequence of a liberal democratic society, and with greater participation by an increasingly sophisticated citizenry online and in the media, particularly in a nation in which those without religious affiliations make up only 15 per cent of the population, the ground rules of public discourse must be …
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Norming "Moderation'' In An "Iconic Target'': Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
The proposed research will examine Singapore’s response to terrorism post September 11, in particular the maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a ‘conflict of civilization’ between the Muslim world and the modern world. Islamist attacks in Madrid and London have since brought increased urgency to the question of how to contain or moderate Islamic radicalism among …
Giving Voice To The Religious, Seow Hon Tan
Giving Voice To The Religious, Seow Hon Tan
Research Collection Yong Pung How School Of Law
The relevance of moral values endorsed by religious persons in public decision-making has often been debated. The issue comes to the fore again in relation to the debate on Section 377A of the Penal Code dealing with acts of gross indecency between males. With the flourishing of diverse viewpoints that is a natural consequence of a liberal democratic society, and with greater participation by an increasingly sophisticated citizenry online and in the media, particularly in a nation in which those without religious affiliations make up only 15 per cent of the population, the ground rules of public discourse must be …
No Zero Sum Game Between The Evolving Role Of The State And Market Forces In China, Knowledge@Smu
No Zero Sum Game Between The Evolving Role Of The State And Market Forces In China, Knowledge@Smu
Knowledge@SMU
Is China’s remarkable economic progress a success story of market forces triumphing over the state in lifting millions out of poverty? Singapore Management University political science professor John Donaldson presents the case that, even as China underwent market reforms and emerged with impressive results, the role of the state did not diminish but shifted to other vital tasks and functions to facilitate and alter market forces. He also argues that, in this country of over 1.3 billion people, economic growth alone does not necessarily lead to poverty reduction.
Perspectives On Terrorism: Storytelling Versus Rationalisation, Knowledge@Smu
Perspectives On Terrorism: Storytelling Versus Rationalisation, Knowledge@Smu
Knowledge@SMU
Since the events of 9/11, ordinary people and governments are struggling more than ever to make sense of the seemingly senseless acts of terrorists that threaten nearly all countries, directly or indirectly. Singapore Management University philosophy professor Thomas Brian Mooney is coauthor, along with Rob Imre and Ben Clarke, of a new book, Terrorism, Causes and Cures: Legal, Political and Philosophical Perspectives, to be published later this year by Ashgate Press. Mooney talks to Knowledge@SMU about the importance of “storytelling”, as compared with adopting a purely rational approach, to help understand the causes of terrorism.
Measuring The Trade-Offs Between Economic Growth And Unequal Distribution Of The Benefits, Knowledge@Smu
Measuring The Trade-Offs Between Economic Growth And Unequal Distribution Of The Benefits, Knowledge@Smu
Knowledge@SMU
In an unequal world, how should countries evaluate the trade-offs between pursuing economic growth and the risks of unequal distribution of the benefits amongst individuals? London School of Economics professor and department head Danny Quah recently delivered an address on "Life in Unequal Growing Economies”, as part of the Singapore Management University School of Economics Distinguished Lecture Series. His paper proposes an empirical model to measure the trade-offs between economic growth and income inequality, and to assess the implications of such trade-offs for poverty alleviation and individual welfare.
Taking Stock Of The Creative Commons Experiment: Monitoring The Use Of Creative Commons Licenses And Evaluating Its Implications For The Future Of Creative Commons And For Copyright Law, Giorgos Cheliotis, Warren B. Chik, Ankit Guglani, Giri Kumar Tayi
Taking Stock Of The Creative Commons Experiment: Monitoring The Use Of Creative Commons Licenses And Evaluating Its Implications For The Future Of Creative Commons And For Copyright Law, Giorgos Cheliotis, Warren B. Chik, Ankit Guglani, Giri Kumar Tayi
Research Collection Yong Pung How School Of Law
We provide an analysis of the use of Creative Commons (CC) licenses, an approach to licens-ing creative works which has become very popular among authors who wish to promote more liberal sharing and use of their work. We provide data demonstrating the popularity of CC, ex-amine which specific license types within the CC framework are most popular, and then iden-tify contributing factors for the relative popularity of some of the license types. This includes in-dividual author incentives, the consistency and aims of the online communities which adopt CC as a licensing model, the underlying medium (text, photography, audio, video or …
The Mighty Pen, The Almighty Dollar, And The Holy Hammer And Sickle: An Examination Of The Conflict Between Trade Liberalization And Domestic Cultural Policy With Special Regard To The Recent Dispute Between The Us And China On Restrictions On Certain Cultural Products, Shuchao Henry Gao
Research Collection Yong Pung How School Of Law
The relationship between trade and culture has long been a hot topic in the debate on the conflicts between free trade and non-trade values. The recent case brought by the United States against China in the WTO on the measures affecting trading rights and distribution services for certain publications and audiovisual entertainment products is regarded by many as the latest example of the conflict. This article argues, however, that this case is more about the conflict between economic liberalization and political control. Applying the legal rules under the WTO Agreements and public international law, this paper concludes that the United …
Juries Reborn, Mark Findlay
Juries Reborn, Mark Findlay
Research Collection Yong Pung How School Of Law
In most states and territories in Australia the impact of the jury on criminal justice is being systematically and radically eroded by the expansion of summary jurisdiction.
Mediation Und Rugby 'Downunder', Nadja Alexander
Mediation Und Rugby 'Downunder', Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
License To Share: The Ugly Side Of Creative Capitalism And The Irony Of The Commons, Warren B. Chik
License To Share: The Ugly Side Of Creative Capitalism And The Irony Of The Commons, Warren B. Chik
Research Collection Yong Pung How School Of Law
In the real world, capitalism has largely influenced the development of the copyright regime as it exists today. However, the emergence of a cyberspace society requires us to revisit communitarian values in the light of the unique features of virtual interaction and the changing expectations and attitudes towards the control and use of creative works. As copyright legal and technological protections continue to expand, private initiatives through creative licensing provide some relief to their restrictions.
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Redefining Marriage: Where To Draw The Line?, Seow Hon Tan
Research Collection Yong Pung How School Of Law
No abstract provided.
The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao-Li Chang
The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao-Li Chang
Research Collection School Of Economics
This paper provides a theoretical framework of dispute settlement to explain the surge in blocking incidence of GATT panel reports during the 1980s and the variations in withdrawn incidence versus total disputes across different decades of the GATT regime. The study first suggests the role of the degree of legal controversy over a panel ruling in determining countries' incentives to block (appeal) a panel report under the GATT (WTO) regime. The study then analyzes the effects of political power on countries' incentives to use, and their interactions in using, the dispute settlement mechanism, when two-sided asymmetric information exists regarding panel …
Misunderstanding Corruption And Community: Comparative Politics Of Corruption Regulation In The Pacific, Mark Findlay
Misunderstanding Corruption And Community: Comparative Politics Of Corruption Regulation In The Pacific, Mark Findlay
Research Collection Yong Pung How School Of Law
This paper will take as its empirical foundation the author’s experience of corruption and regulation in small Pacific island states. The argument is that notions of corruption and strategies for its regulation suitable for modernized societies, which lack cultural specificity and community engagement, may in fact stimulate corruption relationships in transitional cultures. The other consequence of the imposition of inappropriate definitions and regulation strategies is a profound misunderstanding of communities of dependence. In fact, corruption control can misconstrue and exacerbate economic and political dependence environments, fostering the conditions for corruption which accompany socio-economic development. Two remedies are suggested. First, corruption …
How Singapore’S Insider Trading Prohibitions Apply To Take-Over Transactions, Knowledge@Smu
How Singapore’S Insider Trading Prohibitions Apply To Take-Over Transactions, Knowledge@Smu
Knowledge@SMU
Nearly 20 years ago, a prominent businessman for the first time was successfully prosecuted for insider trading in Singapore after what was claimed to be the longest running trial at the time. In 2004, the collapse of China Aviation Oil (Singapore) Corp resulted in the punishment of six senior company executives. “Insider trading has long been regarded as reprehensible as far as securities regulation is concerned in Singapore,” states Singapore Management University law professor Wan Wai Yee. In a recent article published in law journal, Company Lawyer, Wan provides an overview of Singapore’s insider trading regulations and what their scope …
China's Large Aircraft Program Gains Momentum: When Will It Take Off?, Knowledge@Smu
China's Large Aircraft Program Gains Momentum: When Will It Take Off?, Knowledge@Smu
Knowledge@SMU
With its decision earlier this year to relaunch its large aircraft program, China has signaled its intent to challenge Boeing and Airbus SA’s dominant positions in the global market. On February 26, the Chinese government announced its approval of the program and a future company to operate it. The news is a strong signal that, despite unsuccessful efforts in the 1980s, China sees the benefits of developing large aircraft, including the impact this will have on other industries, such as machinery, electronics, metallurgy, chemicals, energy and IT. What are the driving forces for this program and what will the new …
The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan
The Right Of Access To Justice: Judicial Discourse In Singapore And Malaysia, Gary Chan
Research Collection Yong Pung How School Of Law
This is an essay on judicial discourse in Singapore and Malaysia pertaining to the nature and scope of the right of access to justice, including access to justice for the poor. We will examine the statements and pronouncements by the Singapore and Malaysia judiciary in case precedents and extra-judicial statements. Some of the issues explored include the legal status of this right of access to justice (namely, whether it is a right enshrined in the constitution or merely a right derived from the common law and whether it is qualified by economic and other interests) and the associated rights of …
Land Of Opportunity: In The U.S., Immigrants And Entrepreneurs Are Increasingly The Same, Knowledge@Smu
Land Of Opportunity: In The U.S., Immigrants And Entrepreneurs Are Increasingly The Same, Knowledge@Smu
Knowledge@SMU
Consider these numbers: One in four technology and engineering companies founded in the U.S. between 1995 and 2005 had at least one founder who was foreign-born, many of them from India and China; nationwide, immigrant-founded companies generated $52 billion in sales in 2005 and employed 450,000 people; immigrant non-citizens in the U.S. were either named as the inventor or co-inventor in 24.2% of patent applications filed in 2006. These are some of the findings of a recent study titled, "America's New Immigrant Entrepreneurs," by Vivek Wadhwa, an executive in residence at Duke University's Pratt School of Engineering, and a team …
What Could Derail The India Express? Economists Speak Out, Knowledge@Smu
What Could Derail The India Express? Economists Speak Out, Knowledge@Smu
Knowledge@SMU
For the investors and businesses still swooning over India's red-hot growth, a pair of economists delivered a splash of cold water to their faces during a talk organized by the Center for the Advanced Study of India. Shanta Devarajan, chief economist for South Asia at the World Bank, and Arvind Subramanian, a division chief in the IMF's research department, argued that India's infamously inefficient institutions are a drag on growth -- though things aren't actually all that bad in comparison to other nations. --------------------------------------------------------------------------------
When Local Risks Become Global Risks, And How We Can Minimize Them, Knowledge@Smu
When Local Risks Become Global Risks, And How We Can Minimize Them, Knowledge@Smu
Knowledge@SMU
Climate change. Middle East instability. International terrorism. Oil price shocks. Weapons of mass destruction. The world is fast becoming a riskier place, and the days of wait-and-see are no longer an option, says the World Economic Forum's recently released Global Risks 2007 report. The report, published in cooperation with Wharton's Risk Management and Decision Processes Center, identifies 23 core risks -- most of which have worsened over the last year, despite growing awareness of their consequences. It also underscores a growing disconnect between the power of these risks to disrupt the world and our ability to mitigate them.
Emerging International Criminal Justice, Mark Findlay, Clare Mclean
Emerging International Criminal Justice, Mark Findlay, Clare Mclean
Research Collection Yong Pung How School Of Law
International criminal justice is sufficiently well established to merit an overview of its origins and institutional development. This paper starts out by identifying the institutional indicia of international criminal justice and their close connection to the development of international human rights protections. Underlying these structural and process signposts is some controversy regarding their motivations. Has formal international criminal justice emerged in response to novel and genuine concerns for the safety of humanity, or is it a manifestation of global governance priorities in post conflict scenarios, regional and international?
Cyber-Trespass And 'Unauthorized Access' As Legal Mechanisms Of Access Control: Lessons From The Us Experience, Mary W. S. Wong
Cyber-Trespass And 'Unauthorized Access' As Legal Mechanisms Of Access Control: Lessons From The Us Experience, Mary W. S. Wong
Research Collection Yong Pung How School Of Law
The common law doctrine of trespass to chattels has recently been revived and applied by courts in the United States (US) to cover intrusions (in the form of electronic signals) to computer systems connected to the Internet. These cases represent judicial recognition of the need to protect certain unwanted intrusions in cyberspace, though the principles developed therewith are remarkably expansive. As such, they overlap with the concept of ‘unauthorized access’ under computer misuse legislation in the US and elsewhere. This overlap has yet to be judicially acknowledged. Since the US, the United Kingdom and other common law countries not only …
It's Not Easy Going Green: Environmentalism May Help Your Corporate Image, But Will It Keep You In The Black?, Knowledge@Smu
It's Not Easy Going Green: Environmentalism May Help Your Corporate Image, But Will It Keep You In The Black?, Knowledge@Smu
Knowledge@SMU
On February 2, a long-awaited report from the Intergovernmental Panel on Climate Change (IPCC) was released citing "unequivocal" proof of global warming. Meanwhile, some of the biggest corporations in the world, including Wal-Mart, Ford, General Electric and BP, have adopted highly visible "green" strategies. But what does "going green" mean for the bottom line? Whether motivated by desire to do what is right, or to polish their public image and fend off government regulation, companies can profit from environmental initiatives, according to Wharton faculty and analysts.
Is India Too Big To Fail?, Knowledge@Smu
Is India Too Big To Fail?, Knowledge@Smu
Knowledge@SMU
From 2001 to 2006, Edward Luce served as South Asia bureau chief for the Financial Times; he currently serves as that paper's Washington bureau chief. In addition, he is married to an Indian woman. Given this background, it comes as no surprise that Luce has chosen to write a book about India. His aim, he states in the introduction to In Spite of the Gods: The Strange Rise of Modern India, "is to provide an unsentimental evaluation of contemporary India against the backdrop of its widely expected ascent to great power status in the twenty-first century."