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Articles 61 - 70 of 70
Full-Text Articles in Law
The Boundary Of Futures Regulation: From U.K. And U.S. Judgments Regarding Commodity Forward Contracts, Christopher Chao-Hung Chen
The Boundary Of Futures Regulation: From U.K. And U.S. Judgments Regarding Commodity Forward Contracts, Christopher Chao-Hung Chen
Research Collection Yong Pung How School Of Law
No abstract provided.
Death Of The Role-Play, Nadja Alexander, Michelle Lebaron
Death Of The Role-Play, Nadja Alexander, Michelle Lebaron
Research Collection Yong Pung How School Of Law
Setting someone up to fail does indeed sound unfair. In fact it could be described as an ambush – outlaw facilitators lying in wait for unsuspecting students. Not only is this unsettling in a training environment, we can ask whether this lack of transparency runs counter to the behavior expected of negotiators and mediators. Far from being a figment of our fertile imaginations, this short vignette is drawn from a real life learning situation at which both authors were present. Participants were asked at the beginning of the postgraduate workshop about their learning preferences. While most replied enthusiastically about learning …
Mediation And The Myth Of Universality, Nadja Alexander
Mediation And The Myth Of Universality, Nadja Alexander
Research Collection Yong Pung How School Of Law
In his essay entitled ‘Mediation – Pfade zum Frieden’, Professor Montada has made an important contribution to the mediation literature. He questions the universality of the standard mediation model that appears to be sweeping the world with enormous zeal and in doing so puts forward theories and principles to substantiate his view. In this article, Nadja Alexander analyses what the author has to say about the scope and potential for mediation.
Do “Sea Turtles” Creep Faster Than “Soft-Shell Turtles”: A Quantitative Study Of Academic Performance Of Law Faculty In Premier Chinese Law Schools, Wei Zhang
Research Collection Yong Pung How School Of Law
Since the adoption of the “Reform and Opening” policy in 1978, China has revived its century long tradition of sending students and scholars to study in western countries. In recent years, the unprecedented economic growth, paired with an increasingly competitive rate of compensation, has attracted a considerable number of such foreign degree holders back home to work or teach. In modern Chinese vocabulary, these returning talents are named as “sea turtles”, a word mimicking the pronunciation of the Chinese equivalent of the English phrase “coming back from abroad”. On the other hand, in compliance with the ancient Chinese rhetorical technique …
The Taiwan Question And The One-China Policy: Legal Challenges With Renewed Momentum, Pasha L. Hsieh
The Taiwan Question And The One-China Policy: Legal Challenges With Renewed Momentum, Pasha L. Hsieh
Research Collection Yong Pung How School Of Law
The question of Taiwan’s status has faced legal challenges from the one- China policy under both domestic law and international law. The article argues that the state status of the Republic of China (ROC) on Taiwan has never ceased to exist as a result of either the loss of diplomatic recognition or the United Nations Resolution 2758, which transferred the UN seat from the ROC to the People’s Republic of China (PRC). In the past decades, the ROC and the PRC possess separate statehoods and have co-existed under the “de jure roof of China.” The evolvement of state practice of …
Mediating Commitments, Ian Macduff
Mediating Commitments, Ian Macduff
Research Collection Yong Pung How School Of Law
This paper explores the implications of one aspect of intercultural theory –the dimension of power distance– in order to comment on the nature of commitments in the mediation process. The familiar model of Western ediation assumes that parties can identify core interests and negotiate around those, through prioritising, trading and balancing. At the heart of our thinking about commitments are our ideas about agency, autonomy, and accountability. However, a core implication of empirical work on power distance suggests that expectations of deference may lead some participants to avoid direct decision-making responsibility and, rather than work towards commitments, to act on …
Doctrine And Fairness In The Law Of Contract, Andrew B.L. Phang
Doctrine And Fairness In The Law Of Contract, Andrew B.L. Phang
Research Collection Yong Pung How School Of Law
This paper explores, through illustrations from the law of contract, the important centraltheme to the effect that the rules and principles, which constitute thedoctrineof the law,are not ends in themselves but are, rather, the means through which the courts arrive atsubstantively fairoutcomes in the cases before them. The paper focuses on the concept of‘radicalism’, which relates to the point at which the courts decide that it is legallypermissible to hold that a contract should come to an end because a radical or funda-mental ‘legal tipping point’ has not only been arrived at but has, in fact, been crossed. Itexplores the …
The Paradox Of Victim-Centrism: Victim Participation At The Khmer Rouge Tribunal, Mahdev Mohan
The Paradox Of Victim-Centrism: Victim Participation At The Khmer Rouge Tribunal, Mahdev Mohan
Research Collection Yong Pung How School Of Law
It has been claimed - though not proved - that victims will be benefited by participation in international criminal tribunals. This article interrogates this claim in the context of victim participation at the Extraordinary Chambers in the Courts of Cambodia (ECCC), commonly referred to as the Khmer Rouge Tribunal. Based on interviews with Cambodian victims and Tribunal affiliates, it examines why and how the Tribunal permits victims to intervene as les parties civile, pulling together the normative and legal basis for this mode of victim participation. This article does not purport to generalize with confidence about Cambodian victims in general, …
Law School And The Making Of The Student Into A Lawyer: Transformation Of First Year Law Students In The National University Of Singapore, Seow Hon Tan
Research Collection Yong Pung How School Of Law
This paper examines the impact of legal education and law school on the student's moral development and conception of professional identity, through an empirical study of first year law students of the Class of 2010 at the National University of Singapore. The project aims to increase consciousness of how law school remakes students and develops the moral and professional identity of future lawyers, and to facilitate a dialogue that reshapes legal education to achieve its aims. Given that legal education in Singapore is similar to that in other law schools in common law jurisdictions, the analysis is, with allowances for …
The Validity Of Deal Protection Devices Under Anglo-American Law, Wai Yee Wan
The Validity Of Deal Protection Devices Under Anglo-American Law, Wai Yee Wan
Research Collection Yong Pung How School Of Law
This paper analyzes deal protection devices, specifically termination fees and lockup agreements, that are entered into by publicly listed target companies in favor of the bidders, under Anglo-American law. U.S. (specifically Delaware) and U.K. law and regulation differ markedly in the regulation of these devices. Delaware law generally gives more leeway for the target board to enter into deal protection devices. The U.K. regime is much more shareholder-centric and severely restricts most types of deal protections. This paper examines the differences and argues that the U.K. regime is the result of the strong influence of institutional share ownership. In contrast, …