Law Commons^™

Singapore’S Proposed Approach To Tackling Missing Trader Fraud, Vincent Ooi

Research Collection Yong Pung How School Of Law

In the Draft Goods and Services Tax (Amendment) Bill 2020 (the “Draft Bill”), Singapore proposes a new framework to deal with the problem of MTF. The approach is neatly summarised by a document released by the Singapore Ministry of Finance: “Annex: Proposed Changes to the Goods and Services Tax Act”, of which one point is of particular interest. The document states that the proposed legislative amendments will “allow the Comptroller of GST to deny a GST-registered business’ input GST claim, if the business knew or should have known that his purchase was part of or connected with a fraudulent arrangement. …

Fighting 'Missing Trader' Gst Fraud In Singapore, Hern Kuan Liu, Vincent Ooi

Research Collection Yong Pung How School Of Law

Missing Trader Fraud (MTF) is a problem that has plagued tax authorities around the world. It is a form of fraud by which syndicates make use of the Goods and Services Tax (GST) regime to defraud tax authorities. The recent Draft Goods and Services Tax (Amendment) Bill 2020 proposes a new framework to deal with the problem of MTF. It is expected to come into effect on Jan 1, 2021. Under the proposed framework, a taxpayer's input tax claims will be denied in cases where it knew or "should have known" that the supply made to the taxpayer was part …

The Ideals Of Law In A Health Crisis: Singapore’S Legislative Responses To Covid‐19, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

Situations like the COVID-19 pandemic pose a dilemma. One might argue that such a crisis is a time for people to sacrifice their legal rights for the common good and submit to heavy restrictions on one’s liberties, surrendering individual liberties to a benevolent, though powerful, state. On the other hand, for every situation in history where an emergency has required people to accept such restrictions, there are many more situations in which an unscrupulous government has used a pretend emergency, or a real but exaggerated one, as an excuse to arrogate to himself sweeping arbitrary powers and refuse to let …

Ethics, Rule Of Law And Pandemic Responses, Mark Findlay

Research Collection Yong Pung How School Of Law

In their report ‘The Rule of Law in Times of Health Crises’404 Julinda Beqiraj, Jean-Pierre Gauci and Nyasha Weinberg identified certain conditions under which rule of law adherence can contribute to an effective pandemic response.

Exclusion Of Duty And The Irreducible Core Content Of Trusteeship: A Re-Assessment, Rebecca Lee, Man Yip

Research Collection Yong Pung How School Of Law

This article reviews Millett LJ’s classic characterisation of the irreducible core content of trusteeship. Using duty modification / exclusion clauses that are commonly found in modern trust-corporate structures to circumvent a trustee’s duty to actively engage in corporate management as an example, this article has two main objectives. First, this article re-examines the duty to act honestly and in good faith in the irreducible core; and secondly, it considers how our reanalysis can help conceptualise and construe the ‘residual supervisory obligation’ enunciated by the courts in the recent Zhang v DBS litigation.

Coronavirus: Pandemics, Artificial Intelligence And Personal Data: How To Manage Pandemics Using Ai And What That Means For Personal Data Protection, Warren B. Chik

Research Collection Yong Pung How School Of Law

This chapter discusses the hearing of essential and urgent court matters in the Singapore courts during the COVID-19 pandemic. On 27 march 2020, the Singapore judiciary notified courst users that remote hearings were to be implemented for certain types of hearings by means of video and telephone conferencing facilities. Court users were also provided with indicative lists of matters which might be considered essential and urgent.

An Ecosystem Approach To Ethical Ai And Data Use: Experimental Reflections, Mark Findlay, Josephine Seah

Research Collection Yong Pung How School Of Law

While we have witnessed a rapid growth of ethics documents meant to guide artificial intelligence (AI) development, the promotion of AI ethics has nonetheless proceeded with little input from AI practitioners themselves. Given the proliferation of AI for Social Good initiatives, this is an emerging gap that needs to be addressed in order to develop more meaningful ethical approaches to AI use and development. This paper offers a methodology-a 'shared fairness' approach-aimed at identifying AI practitioners' needs when it comes to confronting and resolving ethical challenges and to find a third space where their operational language can be married with …

Japan-Singapore Joint Mediation Protocol Announced, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this post, the potential impact of the Japan-Singapore Joint Mediation Protocol is analysed.

Selective Reshaping: China's Paradigm Shift In International Economic Governance, Heng Wang

Research Collection Yong Pung How School Of Law

In contrast with the selective adaptation approach toward external norms seen in its accession to the World Trade Organization, China increasingly plays a proactive role on the international stage, with the Belt and Road Initiative at the center of these activities. How can we understand this new approach by China toward international economic governance? What is responsible for China's shifting approach, and what are the implications of this shift? The paper presents selective reshaping as a new theoretical framework, and argues that China is shifting toward the selective reshaping of institutions and rules within the global economic order. Within this …

Week Of August 31, 2020 - September 4, 2020, Benjamin N. Cardozo School Of Law

Today at Cardozo 2020

Events occurring this week have been sponsored by:

• Asian Pacific American Law Students Association (APALSA)
• Cardozo National Lawyers Guild (NLG)
• Cardozo Office of Special Events
• Cardozo Women's Law Initiative (WLI)
• Chabad at Cardozo
• If/When/How: Lawyering for Reproductive Justice Cardozo Chapter
• Intellectual Property Law Society (IPLS)
• Public Interest Law Student Association (PILSA)
• Sanctuary for Families

Mmu: 08/31/20–09/06/20, Student Bar Association

Monday Morning Update

This Week @ NDLS

General Announcements and Reminders

• Crossings: Is closed until Wednesday, Sept. 2, when it will open again for grab-n-go snacks and coffee served from the cash stand.
• Daily Mass Schedule
• CDO Announcements
• Galilee
• 1L Lexis Training
• SBA Store
• LexisNexis Office Hours
• LexisNexis 1L Quick Tip Training: Case Briefs & Bluebook Citation Help
• LGBTQ+ Allyship Training
• Environmental Law Society
• Education Law Forum (ELF) First Meeting
• BLSA MINDful Training

• Legal Writing Center
• Health & Wellness Information
• COVID Corner

A Message from the Editor

1L of the Week: Bethany Hohnstein

3LOL: Lauren LeVan

Vol. 59, No. 02 (August 31, 2020)

Indiana Law Annotated

No abstract provided.

Reputation Systems Bias In The Platform Workplace, E. Gary Spitko

Faculty Publications

Online reputation systems enable the providers and consumers of a product or service to rate one another and allow others to rely upon those reputation scores in deciding whether to engage with a particular provider or consumer. Reputation systems are an intrinsic feature of the platform workplace, in which a platform operator, such as Uber or TaskRabbit, intermediates between the provider of a service and the consumer of that service. Operators typically rely upon consumer ratings of providers in rewarding and penalizing providers. Thus, these reputation systems allow an operator to achieve enormous scale while maintaining quality control and user …

It’S Whose Party? Accurately Defining Political Parties In First Amendment Cases, Makade Claypool

BYU Law Review

No abstract provided.

Caught By The Cat’S Paw, Sandra F. Sperino

BYU Law Review

Federal employment discrimination law is enamored with court-created doctrines with catchy names. A fairly recent addition to the canon is the concept of the “cat’s paw,” formally recognized by the U.S. Supreme Court in Staub v. Proctor Hospital. With its name … drawn from a fable, the concept of cat’s paw has taken ground quickly, discussed in hundreds of cases.

The Supreme Court recognized the cat’s paw theory in a case where a hospital fired a worker. The person who made the ultimate decision did not have impermissible bias. However, her decision was influenced by information from two supervisors who …

How To Design Genetically Modified Food Labeling Regulation In Indonesia - Taking Science, Trade Law, And Indonesian Demands Seriously, Dasep Wahidin, Kai Peter Purnhagen

Indonesia Law Review

The paper critically evaluates the current Indonesian genetically modified (GM) food labeling regime as it is embedded in the international trade law and policy system. This research proposes a GM food labeling regulation for Indonesia based on the socio-economic demands of Indonesia on the one hand and the demands of international trade law and policy on the other. It answers the following research questions: What are the legislative requirements for labelling of genetically modified organisms (GMOs) according to Indonesian law? How should Indonesian law on GM food labelling be designed to meet the interests of its peoples and provide access …

The Potential Effects Of Piracy On The Art-Craft Industry: A Comparative Analysis Of Nigeria And Indonesia, Kalu Kingsley Anele

Indonesia Law Review

Nigeria and Indonesia are not only made up of a plethora of ethnic groups, which presupposes the availability of art-crafts, cultural heritage, and cultures but also coastal states that rely heavily on shipping for their economic development. The existence of art-crafts and cultural heritage also means that there are thriving tourism sectors and creative industries in both countries. Nonetheless, the spate of piratical attacks off the waters of Nigeria and Indonesia potentially threatens the economic and sociopolitical significance of art-craft, particularly in the exportation of art-craft items and the importation of materials for art-craft production, in both countries. Moreover, piracy …

A Policy Response To Islamic State Extremist Fighter Battlefield Migration, Robert J. Bunker Dr.

Books, Monographs & Collaborative Studies

June 2014 to December 2017 represented the high tide of radical Islamist (Salafi-jihadist) territorial control under the authority of the Islamic State in Iraq and Syria. This monograph analyzes and provides policy response options for US national security and Army planners concerning the potential for postterritorial caliphate battlefield migration by the sizable contingent of battle-hardened Islamic State foreign fighters situated within various enclaves in Syria and Iraq. The monograph achieves these ends by

• discussing Islamic State territorial eras and demographics;
• offering an overview of the initial inflows of these fighters into the territorial caliphate, outflows to the United States, and …

Owning Nothingness: Between The Legal And The Social Norms Of The Art World, Guy A. Rub

BYU Law Review

Almost $8 million—that is what the Crystal Bridges Museum paid for one work of contemporary art in November 2015. What did that museum get for that hefty sum? From a legal perspective, absolutely nothing. The work it purchased was just an idea, and ideas of this kind escape legal protection.

Despite this lack of legal protection, the social norms of the art world lead large, sophisticated, experienced, and legally represented institutes to pay millions of dollars for this type of work. This Article is one of the first in legal scholarship to examine at depth those norms in this multibilliondollar …

The California Coastal Commission’S Efforts To Provide Affordable Overnight Accommodations By Preempting Cities’ Constitutional Police Power, Taylor Smith

BYU Law Review

No abstract provided.

Corpus Linguistics And Gun Control: Why Heller Is Wrong, Kyra Babcock Woods

BYU Law Review

No abstract provided.

A Behavioral Approach To Bilateral Cooperation On Criminal Laws: A Case Study On Indonesia’S Extradition And Mutual Legal Assistance Treaties, Harison Citrawan, Muhammad Fedian

Indonesia Law Review

The effectiveness of bilateral agreements in the context of criminal law enforcement remains highly contested. In the Indonesian context, such bilateral cooperation classifies two modalities of indirect law enforcement systems, namely, extradition and mutual legal assistance (MLA) in criminal matters. This article attempts to explain these modalities through a behavioral and rational approach by taking Indonesia’s MLA treaty with Switzerland and its extradition treaty with the Russian Federation as a case study. From this approach, we argue that the state’s decision to cooperate implies the adoption of control and consensus models. However, these two models were induced by political preferences …

Cyber-Notaries From A Contemporary Legal Perspective: A Paradox In Indonesian Laws And The Marginal Compromises To Find Equilibrium, David Tan

Indonesia Law Review

Notaries in Indonesia have existed since the colonial period. Changes in technology and the continuous evolution of information bring a flow of change in all aspects of life, including the legal sector. However, the position of notaries in Indonesia has not undergone significant changes despite ongoing advancements. The promulgation of Law No. 2 of 2014 formally introduced the term “cyber notary” to Indonesian law. However, the idea of cyber notary is not practical because of legal obstacles that seem to form a legal paradox. This work analyzes the position of cyber notaries in Indonesia’s positive legal order and the challenges, …

Book Review Fatwa In Indonesia: An Analysis Of Dominant Legal Ideas And More Of Thought Of Fatwa-Making Agencies And Their Implications In The Post-New Order Period, Heru Susetyo

Indonesia Law Review

The book was written by Dr. Pradana Boy ZTF, a lecturer at Faculty of Islamic Studies Universitas Muhammadiyah Malang, and a prominent scholar of Muhammadiyah is derived from his dissertation at the National University of Singapore (NUS) in 2015. This book looks at fatwa in Indonesia during the fall of President Suharto (New Order) in 1998. It is about the exploration of three fatwa-making agencies namely Majelis Ulama Indonesia (Indonesian Council of Ulama), Lajnah Bahtsul Masail Nahdlatul Ulama (‘Bahtsul Masail’ means discussion of the problems), and Majelis Tarjih Muhammadiyah (‘Majelis Tarjih’ means ‘Assessment Council’).

Freedom Of Speech And The Role Of Constitutional Courts: The Cases Of Indonesia And South Korea, M. Lutfi Chakim

Indonesia Law Review

Freedom of speech is a constitutional right that must be protected in a democratic society. However, there is an alarming problem in many countries where governments limit freedom of speech by targeting people espousing views contrary to those of the government. Many free speech cases handled by the Constitutional Courts of Indonesia and Korea demonstrate a gradual decline in the quality of democracy there. This article aims to assess the extent to which the Constitutional Courts’ role and responsibilities contribute to the protection of freedom of speech. Through its decisions, the Constitutional Courts in those two countries have contributed to …

The Rise And The Fall Of The Jurisdiction Of Indonesia's Administrative Courts: Impediments And Prospects, Enrico Parulian Simanjuntak

Indonesia Law Review

If any of Indonesia’s judiciary branches can be said to have been in constant flux before and after the one roof system under the Supreme Court, it is the Administrative Court. From limited jurisdiction—by limitation from The Administrative Court Act (ACA), (Undang-Undang Tentang Peradilan Tata Usaha Negara) and others unresponsive legal policy, establishment of new court, and supreme court decision—to expansion jurisdiction by enactment of Government Administration Act (GAA), (Undang-Undang Tentang Administrasi Pemerintahan) and establishment sectoral laws, including expansion from Constitutional Court decision, has brought dynamic changing to the Administrative Court jurisdiction. In this paper, I will discuss to what …

Reputation Systems Bias In The Platform Workplace, E. Gary Spitko

BYU Law Review

Online reputation systems enable the providers and consumers of a product or service to rate one another and allow others to rely upon those reputation scores in deciding whether to engage with a particular provider or consumer. Reputation systems are an intrinsic feature of the platform workplace, in which a platform operator, such as Uber or TaskRabbit, intermediates between the provider of a service and the consumer of that service. Operators typically rely upon consumer ratings of providers in rewarding and penalizing providers. Thus, these reputation systems allow an operator to achieve enormous scale while maintaining quality control and user …

L’Enjeu De L’Écriture Dans Mer Méditerranée De Louis-Philippe Dalembert: Dénonciation Ou Mise En Garde?, Nadia N. Iskandarani

BAU Journal - Society, Culture and Human Behavior

Louis-Philippe Dalembert, a Mauritian writer, published in 2019 his novel Mur Méditerranée that sheds the light on an actual issue: the migration crisis. To write this novel, the author was inspired by a real event that occurred in July 2014: the rescue story of illegal migrants by the Danish oil tanker Torm Lotte. In his novel, Louis-Philippe Dalembert portrays three women: Sembar Eritrean, Chochana the Nigerian, and Dima the Syrian; each of them flees the violence that rages in her country and throws herself into a ship that crosses the Mediterranean and leads migrants to Europe. Dalembert, deeply touched by …

Psychometric Characteristics Of The Ryff’S Psychological Well-Being Scale (Pwb-42) Of A Sample Of Kuwaitisالخصائص السيكومترية لمقياس "رايف" للهناء النفسىي (Pwb-42) لدى عينة من الكويتيين, Bader M. Al Ansari

BAU Journal - Society, Culture and Human Behavior

تهدف الدراسة الحالية إلى إعداد صورة عربية لمقياس الهناء النفسي (Ryff’s Psychological Well-Being Scale (PWB-42 (Ryff,1989) يتكون من (42) بندًا× 6 اختيارات، بواقع (7) بند لكل مقياس فرعي، وتمثل العبارات في المقياس مكونات الهناء النفسى الستة التي اقترحتها "رايف"(الاستقلالية، والتمكين البيئي، والنمو الشخصي، و العلاقات الإيجابية مع الآخرين ، والحياة الهادفة ، وتقبل الذات ). استخدمت في هذه الدراسة عينتين مستقلتين من طلاب جامعة الكويت إجمالي قوامها (1643) فردا بواقع (762) من الذكور و (881) من الإناث، وذلك لحساب الثبات والصدق ولفحص الفروق بين الجنسين . تم تطبيق مقياس الهناء النفسي PWB-42، و قائمة "أوكسفورد" للسعادة (OHI)، ومقياس الرضا عن …

Are Optimists Happier And More Satisfied With Their Life?هل المتفائلون أكثر سعادة ورضا عن حياتهم؟, Ahmed M. Abdel-Khalek

BAU Journal - Society, Culture and Human Behavior

استهدفت هذه الدراسة استكشاف العلاقة بين التفاؤل وكل من السعادة، والرضا عن الحياة، فضلاً عن فحص العلاقة بين التشاؤم والسعادة، والرضا عن الحياة. أجابت عينة متاحة (ن = 225) من طلبة جامعة الإسكندرية وطالباتها عن: القائمة العربية للتفاؤل والتشاؤم، ومقياسي التقدير الذاتي لكل من السعادة، والرضا عن الحياة، ولم تكشف النتائج عن فروق دالة إحصائيًا بين الجنسين في كل متغيرات الدراسة، في حين استخرجت ارتباطات دالة إحصائيًا بين التفاؤل وكل من السعادة، والرضا عن الحياة (موجبة)، وبين التشاؤم وكل من السعادة، والرضا عن الحياة (سالبة). وكشف تحليل المكونات الأساسية عن عامل ثنائي القطب لدى الجنسين، سمي: "الحياة الطيبة في مقابل …