Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Northwestern Pritzker School of Law (6509)
- California State University, Monterey Bay (1407)
- University of Colorado Law School (1231)
- Singapore Management University (1043)
- Embry-Riddle Aeronautical University (692)
-
- University of Denver (668)
- University of Nebraska - Lincoln (642)
- Maurer School of Law: Indiana University (614)
- Washington University in St. Louis (539)
- University of Massachusetts Boston (535)
- US Army War College (517)
- Duke Law (472)
- Georgetown University Law Center (455)
- William & Mary Law School (413)
- Case Western Reserve University School of Law (371)
- Penn State Dickinson Law (359)
- City University of New York (CUNY) (350)
- University at Buffalo School of Law (324)
- University of New Hampshire (320)
- Cornell University Law School (288)
- Brigham Young University Law School (287)
- Southwestern Oklahoma State University (263)
- Santa Clara University (259)
- Universitas Indonesia (254)
- Columbia Law School (227)
- University of Nevada, Las Vegas (224)
- University of South Florida (223)
- University of Michigan Law School (216)
- Brigham Young University - Hawaii (204)
- Association of American Law Schools (200)
- Keyword
-
- Agriculture (1097)
- Natural resources (866)
- Historical resources (811)
- Early California maps (795)
- Human rights (699)
-
- Cultural resources (648)
- Land tenure (634)
- Land grants (616)
- Land patents (610)
- United States (596)
- California ranchos (557)
- Diseños (557)
- Surveys (506)
- Plats (452)
- Justice (422)
- Criminal justice (416)
- Law (405)
- Crime (358)
- Criminology (343)
- Economics (334)
- Corrections (282)
- California (273)
- Qc (263)
- Qualitative criminology (263)
- China (261)
- Colorado (260)
- Education (259)
- Expediente (242)
- Land use (220)
- Singapore (220)
- Publication Year
- Publication
-
- Journal of Criminal Law and Criminology (6411)
- Research Collection Yong Pung How School Of Law (921)
- Faculty Scholarship (769)
- Human Rights & Human Welfare (624)
- Scholarship@WashULaw (535)
-
- The US Army War College Quarterly: Parameters (508)
- Articles by Maurer Faculty (391)
- Copyright, Fair Use, Scholarly Communication, etc. (373)
- Penn State Journal of Law & International Affairs (2012 - Present) (312)
- Journal of Digital Forensics, Security and Law (298)
- Georgetown Law Faculty Publications and Other Works (295)
- Societies Without Borders (269)
- Qualitative Criminology (QC) (263)
- Faculty Articles (204)
- Pacific Studies (204)
- Journal of Legal Education (200)
- Journal of Hate Studies (188)
- International Bulletin of Political Psychology (184)
- Annual ADFSL Conference on Digital Forensics, Security and Law (181)
- Faculty Publications (181)
- Journal Articles (176)
- Township and Range Surveys - BLM (174)
- Independent Study Project (ISP) Collection (167)
- ExpressO (166)
- SAIPAR Case Review (164)
- US Government Documents Related to Indigenous Nations (162)
- RISK: Health, Safety & Environment (1990-2002) (148)
- Journal of Financial Crises (143)
- BYU Law Review (140)
- Santa Clara Magazine (139)
- Publication Type
Articles 1951 - 1980 of 29708
Full-Text Articles in Social and Behavioral Sciences
New Study Shows Legal Research Platform Ai Tools Do, In Fact, Hallucinate, Olivia Smith Schlinck
New Study Shows Legal Research Platform Ai Tools Do, In Fact, Hallucinate, Olivia Smith Schlinck
Library Staff Online Writings
For better or worse, artificial intelligence (AI) is reshaping the legal landscape. But a recent study highlights a critical issue: AI’s tendency to “hallucinate,” or generate false information. This problem raises significant concerns about the reliability of AI in legal practice.
A Call To Action: Lessons From Ukraine For The Future Force, John A. Nagl, Katie Crombe
A Call To Action: Lessons From Ukraine For The Future Force, John A. Nagl, Katie Crombe
Books, Monographs & Collaborative Studies
John A. Nagl, Project Director
Katie Crombe, Chief of Staff
This book explores the changing character of war through the lens of the Russia-Ukraine War. The authors analyze the conflict’s history, each side’s warfighting functions, the role of multidomain operations, and more. The radical changes in the character of war suggest the United States is at a strategic inflection point. The authors draw lessons from both the Ukrainians and the Russians to suggest improvements for the United States. Advances in drone technology, cyber warfare, and electromagnetic warfare pose new technological vulnerabilities and possibilities. In addition, the war has highlighted the …
Authorship In The Age Of Algorithms: Adapting Copyright Law For Ai-Generated Content, Sydney Thomas
Authorship In The Age Of Algorithms: Adapting Copyright Law For Ai-Generated Content, Sydney Thomas
Journal of Nonprofit Innovation
In the age of Artificial Intelligence (AI), the relationship between technological advancement and legal protection for human creators has become increasingly critical. From Stephen Hawking's admonition of the potential risks of unregulated AI to Sam Altman's advocacy for proactive regulation, this paper navigates the evolving landscape of AI innovation and copyright law. By examining the challenges posed by AI-generated content, including issues of intellectual property infringement and privacy concerns, it highlights the need for adaptive legal frameworks. Strategic enhancements to copyright law must be developed, such as bolstering fair use doctrine and expanding creator rights, to ensure the protection of …
A Humanistic Approach To Politics: Ahp's Call For An "Authentic" Politics Of Truth And Accountability, Carroy U. Ferguson
A Humanistic Approach To Politics: Ahp's Call For An "Authentic" Politics Of Truth And Accountability, Carroy U. Ferguson
Psychology Faculty Publication Series
As human beings on this tiny planet in the cosmos we call Earth, we live as ‘citizens’ in a variety of people-determined land demarcations that we call countries, each with its own unique version of politics. Citizens in the United States and people in the world, therefore, are engaged in a variety of political dramas. It is fair to say that in the United States and globally, the current political climate is very divisive. In the United States and globally, humanity is at an inflection point in the evolution of its consciousness at individual and collective levels. Out of fear, …
Dkll Annual Report 2023-2024, Duquesne University
Dkll Annual Report 2023-2024, Duquesne University
Miscellaneous Pamphlets
No abstract provided.
The Health Risks Of Deportation: Impacts Of Family Separation On Relationships And Wellbeing In Latinx Communities, Shantay Rhea Rocha
The Health Risks Of Deportation: Impacts Of Family Separation On Relationships And Wellbeing In Latinx Communities, Shantay Rhea Rocha
University Honors Theses
Anti-immigration policy and deportation practices create multifaceted implications for Latinx communities in the United States. A comprehensive literature review drawing from public health and immigration studies was used to examine the direct and indirect implications of separation of families due to deportation. This thesis synthesizes existing research to illuminate the health threats pertaining to Latinx wellbeing in the context of being undocumented and fearing being separated from their family. Addressing the dimensions of deportation-related health risks, policy makers, health care professionals, and community organizations can work towards promoting Latinx health and well-being in the U.S. to mitigate the health consequences …
American Evangelicalism And The Status Of Women: Biblical Interpretation, Politicization, And A Future For Secularism, Ivy Macneil Blackwood
American Evangelicalism And The Status Of Women: Biblical Interpretation, Politicization, And A Future For Secularism, Ivy Macneil Blackwood
University Honors Theses
American evangelicalism has positioned itself as a dominant force in social policy since the 1970s and has continued to grow over time. During Carter's presidency, the Religious Right, a neoconservative political identity of fundamentalist beliefs, emerged with the intention to homogenize American culture by infusing literal interpretations of biblical Scripture with American exceptionalism. With the help of charismatic leaders like Billy Graham, the political manifestations of American evangelicalism's fundamentalist beliefs have been solidified through conservative legislation and Christian demographic dominance in Congress and the Supreme Court. Women have been particularly burdened by evangelical institutionalization, as access to socioeconomic and political …
State-Sanctioned Slavery: The Political Economy Of Prison Labor, Avneet Sidhu
State-Sanctioned Slavery: The Political Economy Of Prison Labor, Avneet Sidhu
University Honors Theses
This thesis explores the interconnected relationship between the political institution of government and economic development with a particular focus on the United States Constitution’s role in explicitly legalizing coerced carceral labor and the direct impact this has on various economic aspects. The Thirteenth Amendment of the Constitution has long been hailed as a guiding light of freedom and justice, and yet, still to this day, it contains a paradoxical loophole that explicitly permits involuntary servitude as punishment for crime. This exemption has long been exploited in order to perpetuate a system of state-sanctioned slavery, in which incarcerated laborers are exploited …
"You're Going To Make A Hell Of A Corrections Man Someday": Work Experiences Of Female Wardens And Superintendents, Karen A. Altendorf
"You're Going To Make A Hell Of A Corrections Man Someday": Work Experiences Of Female Wardens And Superintendents, Karen A. Altendorf
Qualitative Criminology (QC)
"This project describes the experiences of female wardens and superintendents in state correctional facilities in the United States. There has been little research on women in leadership positions in corrections; most research has focused on females working in non-traditional occupations or as corrections officers. This project describes how women negotiate gender in a masculine organizational culture where they are not always welcome. In-depth interviews were conducted with twenty-nine wardens and superintendents from thirteen states. The subjects discussed various issues women working in corrections face, from appearance to interacting with inmates and coworkers, being under near-constant scrutiny as women, and being …
A Thematic Analysis Of Parenting Experiences Of Women In Prison, Pious Maedzenge, Dawn Beichner-Thomas
A Thematic Analysis Of Parenting Experiences Of Women In Prison, Pious Maedzenge, Dawn Beichner-Thomas
Qualitative Criminology (QC)
Although there is growing literature examining system-involved mothers, little is known about their parenting experiences and coping mechanisms. Using Braun and colleagues’ (2006; 2022) reflexive thematic analysis approach, this qualitative study examines the parenting experiences of forty-four mothers incarcerated in a Midwestern correctional center. The data were gathered from interviews with incarcerated mothers and included accounts of the women’s experiences before and during their incarceration. The narratives illustrate how background experiences (i.e., sexual and physical abuse, drug dependency, and childhood experiences) shape women’s experiences of mothering, perceptions of the effects of incarceration on their children, and reentry plans. Results from …
"Data Can Be Manipulated": How Prosecutors' Attitudes Toward Racial Disparities And Data-Informed Decision-Making Diverge, Maria Arndt, Rachel Silverthorn
"Data Can Be Manipulated": How Prosecutors' Attitudes Toward Racial Disparities And Data-Informed Decision-Making Diverge, Maria Arndt, Rachel Silverthorn
Qualitative Criminology (QC)
"Research examining prosecutorial decision-making has grown considerably in recent years. Much of this research is focused on assessing unwarranted disparities in case processing outcomes using administrative case data. Comparatively few studies analyze prosecutors' perceptions using qualitative sources. Additionally, little is known about how prosecutors view their role in reducing racial disparities or how they can use data as a decisionmaking aid despite recent innovations in prosecutorial data collection capacity. The current study addresses this dearth of scholarship by analyzing interview data from two midsized Florida State Attorney’s Offices conducted in 2018. Results suggest two main groups of prosecutors: data-positive and …
"They Say Where There’S Smoke, There's Fire; But Sometimes It's A Self-Induced Fire": Understanding Claims Of Unequal Treatment Among Mexican-American Officers In The Los Angeles Police Department, Roberto Gallardo
Qualitative Criminology (QC)
"Serving as an ethnographic case study and utilizing qualitative interviews, this study focuses on Mexican-American police officers and their perceptions of claims of unequal treatment based on race/ethnicity from other officers. The study finds that officers ideologically stand firmly against racism and discrimination. When non-overt claims of unequal treatment based on race/ethnicity are encountered, officers develop negative perceptions of claiming officers. Officers revert to individualized, merit-based, and other colorblind justifications to interpret and dismiss the claims. It is argued that given the lack of the overt nature of most claims today, facilitated by the most common occupational context in which …
You In Or Out?: Reflecting On Positionality In Gang Research, Sou Lee, John Leverso
You In Or Out?: Reflecting On Positionality In Gang Research, Sou Lee, John Leverso
Qualitative Criminology (QC)
"Positionality is an important consideration when carrying out research. An effective tool for understanding this process is reflexivity—a continual dialogue that explores the interplay between our identities and how data is collected, analyzed, and interpreted. These reflexive accounts have been used in various disciplines, including criminal justice and criminology. In advancing this important practice, we offer insight into our experiences studying a hard-to-reach population: gangs. Specifically, we document how our insider and outsider identities, as well as the space between facilitated access, were used strategically and informed our interpretations of data. We conclude by encouraging reflexivity within criminology broadly and …
Lawfare As A Policy Tool In Sino-American Relations: The Case Of Huawei Cfo Meng Wanzhou, Zachary S. Souders
Lawfare As A Policy Tool In Sino-American Relations: The Case Of Huawei Cfo Meng Wanzhou, Zachary S. Souders
Hatfield Graduate Journal of Public Affairs
Competition between the United States and China is at an all-time high. Despite decades of diplomacy between the East and West, recent trends suggest the two powers are drifting further apart. To understand US-China relations, it is critical to understand major developments as they occur. This paper examines the geopolitical significance of United States v. Meng (2020), an extradition case in which US authorities requested the transfer of Chinese tech executive Meng Wanzhou to American jurisdiction. Despite US policymakers declaring Meng and Huawei to be threats to national security, the eventual dismissal of all charges Meng faced presents a puzzle …
Here's The Kind Of Justice Trump, Hunter Biden Receive, Stephen Henderson
Here's The Kind Of Justice Trump, Hunter Biden Receive, Stephen Henderson
Other Faculty Publications
Donald Trump. Guilty. Hunter Biden. Underway. This summer, we can’t avoid high-profile criminal prosecutions, nor talking heads telling us every which way to think about them. Among that cacophony, it is hard to be heard, or even to hear oneself think. So I write to a particular group of Americans, those whose reaction is this: “Enough.” ...
Starbucks Workers United And The Future Of American Labor Activism, Sophia Drake Braymen
Starbucks Workers United And The Future Of American Labor Activism, Sophia Drake Braymen
Honors Projects
This essay explores the goals, motivations, and methods of Starbucks Workers United (the campaign of the labor union Workers United that is aimed at organizing Starbucks employees), as well as the Starbucks Company’s response to it. The analysis is informed by the author’s interviews with both a Workers United organizer and a Starbucks corporate employee. This essay explores the position of Starbucks Workers United within the broader history of American labor activism and our current epoch of union decline, as well as what the recent breakthrough in cooperation between Workers United and Starbucks means for American workers going into the …
Elusive Shift: How Role-Playing Games Forged Their Identity [Reseña], Edgar Meritano Corrales
Elusive Shift: How Role-Playing Games Forged Their Identity [Reseña], Edgar Meritano Corrales
Journal of Roleplaying Studies and STEAM
Elusive Shift: How Role-Playing Games Forged Their Identity by Jon Peterson traces the history and evolution of role-playing games (RPGs), from their roots in wargames to their establishment as a distinct genre. The book examines how RPGs have shifted from focusing on simulating physical conflict to emphasizing character creation and collaborative storytelling, exploring the role of the game master, ethical decision-making within the game world, and the philosophical implications of the gaming experience. Peterson also explores the maturity of RPGs over time, highlighting the development of invisible systems and the elusive shift that has solidified the unique identity of RPGs. …
Estética Relacional De Los Juegos De Rol., Juan M. Díaz De La Torre
Estética Relacional De Los Juegos De Rol., Juan M. Díaz De La Torre
Journal of Roleplaying Studies and STEAM
El presente escrito son los primeros esbozos de una investigación mayor, la cual busca establecer que los juegos de rol son una forma artística fundamentada en la llamada estética relacional propuesta por Nicolas Bourriaud. Hubo trabajos previos que alimentaron este artículo[1]. La idea central es pensar al acontecimiento estético como la fase más alta de un proceso de agregación en donde diferentes dimensiones de la vida de los jugadores y planos existenciales (juego, reglas, mundo social, mundo narrativo, etc) se aglomeran para generar la experiencia estética. En este sentido, lo estético en los juegos de rol es algo …
Las Figuras De Juegos De Rol Como Soporte Para La Apropiación De Personajes, Roberto A. García Madrid, Blanca E. López Pérez
Las Figuras De Juegos De Rol Como Soporte Para La Apropiación De Personajes, Roberto A. García Madrid, Blanca E. López Pérez
Journal of Roleplaying Studies and STEAM
El desarrollo de juegos de rol implica la consideración de diversos elementos, como temática, historia y personajes. Un aspecto es la utilización de figuras en miniatura, que actúan como avatares físicos en la narración del juego. Estas figuras contribuyen a la identificación entre jugadores y personajes, así como a la construcción de escenas y al entendimiento del desempeño de los personajes.
Cada juego ofrece diversas opciones de avatares, con distintos niveles de abstracción y representación. El mercado de figuras proporciona una amplia variedad de personajes con diferentes poses y técnicas de pintura, enriqueciendo la experiencia de construcción avatares. Identificar los …
Journal Of Roleplaying Studies And Steam (Jrpssteam) Vol. 3 [2024], Número 1 (Issue 1)., Miguel A. Bastarrachea-Magnani, Edgar Meritano, Mauricio Rangel Jiménez, Cristo Leon, James Lipuma Dr.
Journal Of Roleplaying Studies And Steam (Jrpssteam) Vol. 3 [2024], Número 1 (Issue 1)., Miguel A. Bastarrachea-Magnani, Edgar Meritano, Mauricio Rangel Jiménez, Cristo Leon, James Lipuma Dr.
Journal of Roleplaying Studies and STEAM
Editorial Lento pero seguro, seguimos adelante
Estamos muy contentos de seguir con este proyecto que ha tenido gran éxito, contamos con registro de descargas de más de 130 instituciones universitarias de 74 países, además de posicionarnos poco a poco como una revista académica de gran nivel gracias a las políticas estrictas que seguimos número tras número.
En esta ocasión los trabajos presentados dan muestra de la madurez que estamos alcanzando como revista, como primer artículo tenemos Las figuras de juegos de rol como soporte para la apropiación de personajes, texto que nos habla de la gran relevancia que tienen las …
Education And Empowerment: The Role Of Cash Transfers In Challenging Barriers To Female Schooling In Mexico And Malawi, Kaelynn R. Mcclure
Education And Empowerment: The Role Of Cash Transfers In Challenging Barriers To Female Schooling In Mexico And Malawi, Kaelynn R. Mcclure
Lux et Fides: A Journal for Undergraduate Christian Scholars
Despite the wide body of research that supports the benefits of education in reducing poverty and empowering individuals, women around the world continue to face significant barriers to schooling. This paper examines key social norms and aspects of poverty hindering the path to education for girls and women, proposing the use of cash transfers to promote education worldwide. Case studies of two different cash transfer programs, PROGRESA in Mexico and SCTP in Malawi, are evaluated in terms of their effectiveness in providing opportunities for schooling and promoting women's empowerment.
The Role Of Digital Citizenship Using Modern Communication And Media Tools In Enhancing Social Responsibility Among Students Of The Middle East University, Ramzi Mubarak Al Tarawneh Dr, Sahar Mohammad Al Tarawneh Dr
The Role Of Digital Citizenship Using Modern Communication And Media Tools In Enhancing Social Responsibility Among Students Of The Middle East University, Ramzi Mubarak Al Tarawneh Dr, Sahar Mohammad Al Tarawneh Dr
Middle East Journal of Communication Studies
The study aims to explore the role of digital citizenship using modern communication and media tools in enhancing social responsibility among MEU students. A descriptive-analytical approach was used. The study employed a simple random sampling method, with a sample size of 421 students. The findings indicated a statistically significant impact of digital citizenship using modern communication and media tools on social responsibility in its various dimensions. Both digital citizenship using modern communication and media tools and social responsibility were practiced at a high level. Furthermore, a strong correlation was found between digital citizenship using modern communication and media tools and …
The Role Of Sentiment In The Democratic Transition: A Reading On The Determinants Of The Revolution Spread (The Arabic Spring As A Model), Ahmed F. Ibrahim Al-Rimawi, Abdulqader A. Alazzeh
The Role Of Sentiment In The Democratic Transition: A Reading On The Determinants Of The Revolution Spread (The Arabic Spring As A Model), Ahmed F. Ibrahim Al-Rimawi, Abdulqader A. Alazzeh
An-Najah University Journal for Research - B (Humanities)
The study seeks to reveal the reasons for the revolution’s transition from an Arab country (Tunisia) to other Arab countries (Egypt, Libya, Syria, Yemen) through what can be described as a (revolution stream). The study does not seek to determine the success or failure of the revolution in these Arabic countries, as much as it aims to study the motives for the transition of the revolution. Thus, to achieve this goal, the author divided the study into two main notions. The first notion aims at exploring the value of the “sentiments” in terms of its theoretical rooting as it has …
Women Police Chiefs: A Self-Perception Of Women Officers In Law Enforcement, Tianshi Hao, Jesse Llamas, Kayleigh Axtell, Anshu Lal, Michael Llamas, Mira Fadel, Amor Roma
Women Police Chiefs: A Self-Perception Of Women Officers In Law Enforcement, Tianshi Hao, Jesse Llamas, Kayleigh Axtell, Anshu Lal, Michael Llamas, Mira Fadel, Amor Roma
Education Division Scholarship
A large body of literature substantiates women’s difficulties integrating into all levels of law enforcement. To understand the experiences of women police officers in the force, and to understand how law enforcement leaders view the role of women in leadership positions, this study focused on the perception of six women police officers–specifically, women police chiefs towards women who already assumed leadership positions, overcame challenges entering law enforcement and advancing into leadership positions, and collected their input on organizational decisions, policy, and recruitment of women officers. This study employs a qualitative phenomenological methodology and interviews six women police chiefs in depth. …
Maine Regional Care Teams: Collaborating To Improve Youth Wellbeing In Maine, Emma Schwartz, Jillian Foley, Jill Ward, Ahmen Cabral, Timothy Atkinson
Maine Regional Care Teams: Collaborating To Improve Youth Wellbeing In Maine, Emma Schwartz, Jillian Foley, Jill Ward, Ahmen Cabral, Timothy Atkinson
Justice Policy
This report provides a look back at the past three years of the Regional Care Team initiative, which helped connect 165 youth to community-based resources in those first three years through a collaborative multi-systems model. The report details the extent of cross-system collaboration that continues as a part of this initiative and summarizes feedback from partners, examines data on youth referrals, their histories of system involvement, and funding. The report recommends next steps to expand prevention, community intervention, and reintegration supports for youth.
The Importance Of Theory And History In Understanding And Developing The Common Law Of Contract – Some Further Preliminary Reflections, Hon. Andrew Phang
The Importance Of Theory And History In Understanding And Developing The Common Law Of Contract – Some Further Preliminary Reflections, Hon. Andrew Phang
Singapore Law Journal (Lexicon)
In a previous essay, an attempt was made to demonstrate the important role that both theory and history play in helping us to understand and develop the common law of contract. As pointed out in that essay, a comprehensive treatment of the subject would require lengthy discourse in a book or even several books. This essay follows-up on that previous essay, again by way of preliminary reflections only, to correct the dominant perception that the development of the common law in general and contract law in particular is premised mainly on doctrinal development based on logic and analogy with the …
Veil Piercing In Singapore: A Proposed Approach, Ivan Wu Hwan Tang
Veil Piercing In Singapore: A Proposed Approach, Ivan Wu Hwan Tang
Singapore Law Journal (Lexicon)
Since 2013, the English courts have departed from the Singapore courts in their approach towards the doctrine of veil piercing. Notwithstanding this departure, as well as the general increase, over the years, in the number of cases in Singapore where veil piercing has been argued, the English approach has yet to be considered definitively by Singapore’s Court of Appeal. The other Singapore courts have thus generally also been unwilling and unable to decide on the applicability of the English approach in Singapore. Against this context, this article aims to consolidate and analyse the law on veil piercing in Singapore and …
The Effect Of Choice Of Court Agreements On Third Parties, Tiong Min Yeo
The Effect Of Choice Of Court Agreements On Third Parties, Tiong Min Yeo
Singapore Law Journal (Lexicon)
The effect of choice of court agreements on the exercise of jurisdiction of the Singapore court between contracting parties at common law has received clarification in Singapore law in recent years. The position is also clear under SICC Rules and the Choice of Court Agreements Act. The effect on third parties is less clear. In this article, the effect of choice of court agreements on the position of third parties under the legal regimes above will be considered, from the perspective of both conflict of laws and the Contracts (Rights of Third Parties) Act in domestic Singapore law. This article …
Doctrinal Basis Of Delay As A Bar To Equitable Rescission Of Contracts, Tse Loong Ryan Low
Doctrinal Basis Of Delay As A Bar To Equitable Rescission Of Contracts, Tse Loong Ryan Low
Singapore Law Journal (Lexicon)
The 2015 EWCA decision of Salt v Stratstone Specialist Ltd (t/a Stratstone Cadillac Newcastle) [2015] EWCA Civ 745 casts doubt on the proposition that an inordinate lapse of time alone could operate as a bar to rescission. The court grounded the operation of delay in the doctrine of laches, but as this paper will find, laches is an unsatisfactory explanation for the effect of mere delay on one’s powers of rescission, requiring something more than lapse of time alone. Other competing theories like reference to the Limitation Act 1959 by analogy, and the Sale of Goods Act 1979, have been …
An Updated Account On The Similar Fact Rule, Siyuan Chen
An Updated Account On The Similar Fact Rule, Siyuan Chen
Singapore Law Journal (Lexicon)
The number of local decisions on the similar fact rule has increased quite significantly in the last few years. However, fundamental questions, ranging from the foundational (such as the existence or operation of any residual judicial discretion to exclude relevant evidence) to the discrete (such as whether the rule works differently in civil proceedings as compared to criminal proceedings, and how the rule operates vis-à-vis related rules of evidence), continue to be answered in rather different, arguably irreconcilable ways by the courts. This article analyses some of the recent key decisions in the light of established precedents and proposes that …