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Full-Text Articles in Law

Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen Dec 2008

Reasonable Suspicion Or Real Likelihood: A Question Of Semantics? Re Shankar Alan S/O Anant Kulkarni, Lionel Leo, Siyuan Chen

Research Collection Yong Pung How School Of Law

The law on apparent bias has been mired in some controversy following the High Court decision of Re Shankar Alan s/o Anant Kulkarni, where Sundaresh Menon J.C. seemingly departed from the tentative views of Andrew Phang J.C. (as he then was) in Tang Kin Hwa v. Traditional Chinese Medicine Practitioners Board on the issue of whether there were any material differences between the “reasonable suspicion of bias” test and the “real likelihood of bias” test, the two formulations of the test for apparent bias that have been variously adopted by different jurisdictions in the common law world. In Tang Kin …


Paul’S Contextualization Of The Gospel Before The Areopagus In Acts 17, Philip J. Luca Nov 2008

Paul’S Contextualization Of The Gospel Before The Areopagus In Acts 17, Philip J. Luca

Senior Honors Theses

The following thesis is an analysis on Paul’s presentation of the gospel to the Areopagus as recorded in Acts 17:22-31. The reasons behind his drastic permutation of the kerygma will be scrutinized by studying the exposition of the main components of the speech in parallel with an analysis of his audience. The objective of the thesis is to investigate the Apostle’s consistency with the orthodox kerygma as well as his interaction with the Gentile listeners. In conclusion, consequences for a relevant gospel presentation today will be proposed in light of Paul’s homily to the Areopagite Council.


Prison’S Spoilt Identities: Racially Structured Realities Within And Beyond, Nafis Hanif Nov 2008

Prison’S Spoilt Identities: Racially Structured Realities Within And Beyond, Nafis Hanif

Research Collection School of Social Sciences

This article begins by seeking an explanation for the solidarity between Malay inmates and guards in perpetrating abusive and discriminatory treatment towards Malay transvestites. In the course of explaining an empirical phenomenon in the Singapore prison, this article has examined Singapore's history and ethnic demography, the ethnic Malay minority's lack of socio-economic development and modernisation vis-a-vis the ethnic Chinese majority, geo-politics, the ideology and strategic choices of the state's political elite and their implications for inter-ethnic interactions between Malays and Chinese. As this article will argue, prison culture, rather than being divorced from larger society, is in effect able to …


A Comparative Account Of Statutory Interpretation In Singapore, Yihan Goh Oct 2008

A Comparative Account Of Statutory Interpretation In Singapore, Yihan Goh

Research Collection Yong Pung How School Of Law

In 1993, the Singapore Parliament enacted legislative provisions adapted from Australian legislation directing, inter alia, that the courts apply the purposive approach in statutory interpretation. Those provisions also allowed for the extended use of extrinsic materials in the interpretative process. Fifteen years on, there is now a considerable body of Singapore case law to which a meaningful analysis may be undertaken. Indeed, from an initially cautious application of the enacted legislation, the courts began to read the enactments expansively, eventually providing for a statutory interpretation regime that is largely free of the confines of old. Nonetheless, the Singapore position does …


The Changes And Non-Changes Of China's Rural Land, Qian Forrest Zhang, John A. Donaldson Oct 2008

The Changes And Non-Changes Of China's Rural Land, Qian Forrest Zhang, John A. Donaldson

Research Collection School of Social Sciences

No abstract provided.


The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo Sep 2008

The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

Two fundamental principles relating to party autonomy developed in the recent history of the conflict of laws. Despite initial reservations, the law today takes for granted that the parties’ agreement is nearly conclusive in respect of both their choice of litigation forum and their choice of the law governing the contractual relationship. Meanwhile, the law of obligations – in tort, restitution and equity – has grown apace; disputes between contracting parties today are rarely confined to pure contractual issues. Can contracting parties choose the law to govern non-contractual disputes in cross-border litigation? In the absence of such choice, to what …


Time For Singapore To Relook Abortion Law, Seow Hon Tan Jul 2008

Time For Singapore To Relook Abortion Law, Seow Hon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.


Time For Singapore To Relook Abortion Law, Seow Hon Tan Jul 2008

Time For Singapore To Relook Abortion Law, Seow Hon Tan

Research Collection Yong Pung How School Of Law

No abstract provided.


The Christian At War, Marc A. Clauson Apr 2008

The Christian At War, Marc A. Clauson

History and Government Faculty Publications

No abstract provided.


Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam Feb 2008

Pakistan Lawyers' Movement: A Losing Cause?, Shubhankar Dam

Research Collection Yong Pung How School Of Law

On 13 January, the Pakistan Bar Council (PBC) voted to end the continuous boycott of judges who swore oath's under the country's Provisional Constitution Order and to instead substitute "a complete boycott of the superior judiciary every Thursday and a one-hour token strike on a daily basis." Predictably, the decision created a furor: for many, it was a sell-out. Both the Lawyers National Action Committee (LNAC) and the Supreme Court Bar Association (SCBA) quickly denounced the decision as "contradictory" and "against the spirit of the lawyers' sacrifices." The provincial bar councils, the high court bar associations and the district bar …


The Asean Charter As "Legs To Go Places": Ideational Norms And Pragmatic Legalism In Community Building In Southeast Asia, Eugene K. B. Tan Jan 2008

The Asean Charter As "Legs To Go Places": Ideational Norms And Pragmatic Legalism In Community Building In Southeast Asia, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

The Charter of the Association of Southeast Asian Nations (ASEAN) has been hailed as a legal instrument that would integrate the ten constituent members as a community and a regional organization. Ostensibly, the Charter has three strategic thrusts in support of the vision of the ASEAN Community. The first is to formalize ASEAN as an institution while streamlining its decision-making processes. Secondly, the Charter seeks to strengthen ASEAN institutions. Thirdly, it seeks to establish mechanisms to monitor compliance and settle disputes. The article considers the extent to which the Charter will help ASEAN achieve its aims. This is especially pertinent …


The Domestic Influence Of International Criminal Tribunals: The International Criminal Tribunal For The Former Yugoslavia And The Creation Of The State Court Of Bosnia & Herzegovina, William W. Burke-White Jan 2008

The Domestic Influence Of International Criminal Tribunals: The International Criminal Tribunal For The Former Yugoslavia And The Creation Of The State Court Of Bosnia & Herzegovina, William W. Burke-White

All Faculty Scholarship

International criminal tribunals are often criticized for having minimal influence on the states over which they exercise jurisdiction. This article argues that the International Criminal Tribunal for the Former Yugoslavia has had a far more positive impact on domestic governance in Bosnia & Herzegovina than previously assumed by both the academic and policy communities. The article develops a theoretical model to explain the impact of international criminal tribunals on domestic governance and tests that model against the ICTY¹s influence in Bosnia. More specifically, the article advances the claim that the nature of the tribunal¹s jurisdictional relationship with domestic judicial institutions …


Resisting The Socialist Fetish, Shubhankar Dam Jan 2008

Resisting The Socialist Fetish, Shubhankar Dam

Research Collection Yong Pung How School Of Law

No abstract provided.


Civil Liabilities For False Or Misleading Statements Made By Listed Companies To The Securities Markets In Singapore, Wai Yee Wan Jan 2008

Civil Liabilities For False Or Misleading Statements Made By Listed Companies To The Securities Markets In Singapore, Wai Yee Wan

Research Collection Yong Pung How School Of Law

This article examines the scope and efficacy of the civil remedies available to investors against listed companies which have made false or misleading statements in the secondary securities market in Singapore, both at common law and the statutory compensation scheme under the Securities and Futures Act. It argues that there are a number of limitations faced by such investors in bringing claims founded in tort law against the listed companies. While the statutory compensation scheme attempts to improve the position of investors, there are a number of deficiencies in the scheme the most significant of which is the ceiling on …


A Union Of Gender Equality And Pragmatic Patriarchy: International Marriages And Citizenship Laws In Singapore, Eugene K. B. Tan Jan 2008

A Union Of Gender Equality And Pragmatic Patriarchy: International Marriages And Citizenship Laws In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

As a patriarchal society, government policies, societal norms and government regulations in Singapore mirror that normative ideal. Citizenship status and rights along gender lines, manifested in the legal recognition of children of international marriages, reflected this reality for much of Singapore's independence. However, the onslaught of globalization, the rise in international marriages, disconcerting declining birth rates, and an acceptance of 'foreign talent' have given the economic imperative and demographic impulse to grant citizenship (by descent) to a person born outside Singapore whose father or mother is a citizen of Singapore, by birth, registration or descent. Previously, such a person would …


Bringing Democracy To Puerto Rico: A Rejoinder, Luis E. Fuentes-Rohwer Jan 2008

Bringing Democracy To Puerto Rico: A Rejoinder, Luis E. Fuentes-Rohwer

Articles by Maurer Faculty

No abstract provided.


Balancing Competing Interests In Bankruptcy: Discharge By Certificate Of The Official Assignee In Singapore, S. Chandra Mohan Jan 2008

Balancing Competing Interests In Bankruptcy: Discharge By Certificate Of The Official Assignee In Singapore, S. Chandra Mohan

Research Collection Yong Pung How School Of Law

After more than a hundred years, Singapore made major reforms to its bankruptcy laws in 1995. These changes attracted considerable public interest, with the Government taking pains to emphasise that the new law was designed to strike a balance between the interest of the debtor, the creditor and society. The greatest scrutiny of the provisions, to determine whether in law and in practice the competing interests of debtors and creditors could effectively be balanced, was in respect of the discharge provisions. In this article, the writer, who was then the Official Assignee, discusses how the novel remedy of discharge by …


Tribunal-Hopping With The Post-Conflict Justice Junkies, Elena Baylis Jan 2008

Tribunal-Hopping With The Post-Conflict Justice Junkies, Elena Baylis

Articles

The field of post-conflict justice is characterized in no small part by international interventions into post-conflict settings. International interveners invest substantial resources toward the goals of post-conflict justice, including creating legal accountability for atrocities and rebuilding local and national justice systems that respect human rights and rule of law. The aims of post-conflict justice and the mechanisms by which the international community can contribute to post-conflict legal institutions and processes have been and continue to be studied intensively.

But while the institutions, processes, and goals of post-conflict justice have been carefully scrutinized, another aspect of international interventions into post-conflict justice …