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Full-Text Articles in Social and Behavioral Sciences

Private Liability For Public Health, Jerrold Soh Sep 2020

Private Liability For Public Health, Jerrold Soh

Research Collection Yong Pung How School Of Law

As at this writing, COVID-19 continues to spread around the world. Most disease transmissions, one hopes, are unintentional. But could one nonetheless be liable for unintentionally, yet carelessly, transmitting the disease? If so, when would liability arise, and how wide may its scope be? If X transmits the disease to Y who in turn transmits it to Z, can Z claim against X? If not, why should liability escape one who carelessly spreads a deadly and highly contagious virus when courts have historically found liability for more innocuous harms?154 This short essay discusses how private liability might complement public regulation …


Massive Covid‐19 Infections In Foreign Workers Dormitories: The Dog That Did Not Bark In Singapore’S Fight Against The Covid‐19 Pandemic, Eugene K. B. Tan Sep 2020

Massive Covid‐19 Infections In Foreign Workers Dormitories: The Dog That Did Not Bark In Singapore’S Fight Against The Covid‐19 Pandemic, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

In the ongoing battle to combat the massive COVID-19 infections in the foreign workers’ dormitories, the focus and dominant narrative, unsurprisingly, has been on overcoming the clear and present public health issues there. The imperative is to safeguard the wellbeing and interests of the foreign workers who reside there (and including those who have been moved out), which is also fundamentally about protecting the rest of the community.


Constitutional Literacy In Times Of Crisis, Maartje De Visser Sep 2020

Constitutional Literacy In Times Of Crisis, Maartje De Visser

Research Collection Yong Pung How School Of Law

At the same time she announced her withdrawal from public life in 2018, former US Supreme Court Justice Sandra Day O’Connor made a passionate plea for “all citizens to understand our Constitution and unique system of government, and participate actively in their communities.”441 The timing coincided with the halfway mark of Donald Trump’s term in presidency, a president who has very publicly declared his knowledge of the US Constitution, but whose understanding of it has regularly been called into question.442 At its foundation, the democratic legitimacy of a government arguably presupposes a working familiarity with the constitution qua social contract. …


Shareholders’ Rights And Corporate Meetings Post Covid‐19, Christopher Chao-Hung Chen Sep 2020

Shareholders’ Rights And Corporate Meetings Post Covid‐19, Christopher Chao-Hung Chen

Research Collection Yong Pung How School Of Law

This short paper reflects on corporate governance and shareholders’ rights during and following the COVID-19 pandemic. The lockdown has affected the way companies’ organs operate. It is unfortunate that the pandemic took place around the critical time of year when most companies hold annual shareholders’ meetings (or general meetings). How, then, can shareholders exercise their rights? How can the board of directors and senior management function during the lockdown period? Technology naturally provides a solution, similar to online teaching and working from home. However, do virtual and remote meetings serve the purpose of having those meetings? Even when we get …


Pragmatism In The Pandemic: The Protection Of Commercial Tenants In Singapore, Edward Ti Sep 2020

Pragmatism In The Pandemic: The Protection Of Commercial Tenants In Singapore, Edward Ti

Research Collection Yong Pung How School Of Law

The COVID-19 epidemic has not spared any country, not least a densely populated country like Singapore. The government has been working tirelessly developing new policies and laws to mitigate the human and economic devastation brought on by the virus. The COVID-19 (Temporary Measures) Act 2020 (COTMA) is intended to tackle some of the negative effects brought about by COVID-19. With an initial application period of 6 months which can be amended at the Minister’s discretion, the COTMA covers a wide range of issues. Summarily, the COTMA provides for public health controls necessary to manage the health crisis, increases bankruptcy and …


Covid‐19 As A Frustrating Event Under Singapore Contract Law, Yihan Goh Sep 2020

Covid‐19 As A Frustrating Event Under Singapore Contract Law, Yihan Goh

Research Collection Yong Pung How School Of Law

COVID-19 has had an unprecedented impact on commercial arrangements around the world. This would appear to fit the textbook definition of a frustrating event under Singapore contract law. Alternatively, one might expect COVID-19 to be covered by the doctrine of force majeure. This commentary will provide a brief overview of the contractual issues arising from COVID-19.


Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries, Man Yip Sep 2020

Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries, Man Yip

Research Collection Yong Pung How School Of Law

The COVID-19 pandemic has been described by Prime Minister Lee Hsien Loong as the “crisis of our generation”. We have to swiftly adjust to a new “normal” characterised by safety measures, travel restrictions, economic downturn and uncertainties in the days ahead. What is the new “normal” for trustees and beneficiaries? How should they respond to the legal and practical uncertainties in these challenging times? This commentary discusses two categories of uncertainties for trustees and beneficiaries: (1) uncertainty relating to trust investments; and (2) uncertainty relating to day-to-day administration.


“In Case Of Emergency, Break Contract”? The Case For A Unified Regime For Changed Circumstances In Singapore Contract Law, Nicholas Liu Sep 2020

“In Case Of Emergency, Break Contract”? The Case For A Unified Regime For Changed Circumstances In Singapore Contract Law, Nicholas Liu

Research Collection Yong Pung How School Of Law

It has been accurately observed that the incremental nature of the common law’s development makes it inherently unsuited to dealing with unprecedented crises.208 This is particularly true of what I shall refer to (for convenience) as the law of changed circumstances, which in the common law regime comprises the doctrine of frustration and the operation of force majeure clauses, but could potentially encompass other doctrines and issues as well.209 I suggest that in this area, the flaws of the common law run deeper and broader than its inability to respond quickly to unprecedented crises. Rather, from a lay user’s point …


Hearing Essential And Urgent Court Matters During The Covid-19 Pandemic, Kwan Ho Lau, Daryl Xu Sep 2020

Hearing Essential And Urgent Court Matters During The Covid-19 Pandemic, Kwan Ho Lau, Daryl Xu

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.


Exorcising The Ghost In The Wills Act, Hang Wu Tang Sep 2020

Exorcising The Ghost In The Wills Act, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Ingenious lawyers all over the Commonwealth are dreaming up rigmaroles for the signing of wills amid the pandemic. An English law firm has suggested that the will should be signed at a park bench, with witnesses lurking nearby, ready to rotate around the document. Another option allows for the will to be signed at the person’s doorway while the witnesses stand outside, using the services of a well-trained pet to deliver the signed will to the witnesses. Singapore has passed many sensible temporary measures in response to COVID-19 disruption, including marrying couples remotely so that the newly-weds, witnesses and solemniser …


Building Baghdad: The Construction Of Urban Space In Iraq, 1921–1963, Andrew S. Alger Sep 2020

Building Baghdad: The Construction Of Urban Space In Iraq, 1921–1963, Andrew S. Alger

Dissertations, Theses, and Capstone Projects

This dissertation examines the production of space in Baghdad during the monarchical and early republican eras (1921 – 1963). As the capital of the new nation of Iraq following the First World War, Baghdad expanded along the banks of the Tigris River into new residential and commercial spaces, establishing schools, boutique stores, sporting venues, electricity and running water that transformed how Iraqis conceived of the mundane activities associated with daily life. Employing a theoretical framework drawing on Henri Lefebvre’s production of space, I argue that participation in the creation of new neighborhoods and streets was uneven across differences of class, …


Busting Myths And Dispelling Doubts About Covid-19, Mark Findlay Jul 2020

Busting Myths And Dispelling Doubts About Covid-19, Mark Findlay

Research Collection Yong Pung How School Of Law

The Centre for AI and Data Governance (CAIDG) at Singapore Management University (SMU) has embarked over past months on a programme of research designed to confront concerns about the pandemic and its control. Our interest is primarily directed to the ways in which AI-assisted technologies and mass data sharing have become a feature of pandemic control strategies. We want to know what impact these developments are having on community confidence and health safety. In developing this work, we have come across many myths that need busting.


Before Covid-19, There Was Sars, Wee Kiat Lim May 2020

Before Covid-19, There Was Sars, Wee Kiat Lim

Perspectives@SMU

COVID-19 was not China’s first catastrophic public health crisis. The last time one struck the country, it transformed the emergency management landscape.


Covid-19 And Studying Disasters In Singapore, Wee Kiat Lim May 2020

Covid-19 And Studying Disasters In Singapore, Wee Kiat Lim

CMP Research

Dealing practically with the web of complexities that constitutes the COVID-19 pandemic requires going beyond public health and economic repercussions. Social science research on disasters can contribute to this. In this article, I will sketch three approaches drawn from sociology, psychology, geography, and political science.


‘Living In A State Of Filth And Indifference To … Their Health’: Weather, Public Health And Urban Governance In Colonial George Town, Penang, Fiona Williamson, Katrina Proust May 2020

‘Living In A State Of Filth And Indifference To … Their Health’: Weather, Public Health And Urban Governance In Colonial George Town, Penang, Fiona Williamson, Katrina Proust

Research Collection School of Social Sciences

This article explores the development of public health infrastructure in George Town, Penang, before the 1930s. It argues that the extreme weather of the tropical climate led to a unique set of health challenges for George Town’s administrators, as the town grew from a small British base to a multi-cultural and thriving port. Weather and public health were (and still are) integrally connected,although the framing of this relationship has undergone significant shifts in thinking and appearance over time. One lens into this association is the situation and expression of these elements within municipal structures.During the nineteenth century, government departments were …


The Current State Of Migrant Health In Morocco: Pre-And Peri-Covid-19 Pandemic, Layla Babahaji Apr 2020

The Current State Of Migrant Health In Morocco: Pre-And Peri-Covid-19 Pandemic, Layla Babahaji

Independent Study Project (ISP) Collection

In the early 21st century, Morocco transitioned from being a predominantly transit migration country into both a transit and destination country for migrants. In 2013, the Moroccan government took significant steps to adapt the healthcare system in better integrating migrants in its policies. The government implemented the National Strategy on Immigration and Asylum that improved access to public health care for migrants. Recently, in March of 2020, Morocco declared a state of medical emergency due to the current COVID-19 pandemic that continues today. This paper addresses the effects of the COVID-19 pandemic on the current state of migrant health in …


“En Defensa Por La Salud”: Los Actores Sociales En La Construcción Del Movimiento Social En Chile, Karina Martinez Apr 2020

“En Defensa Por La Salud”: Los Actores Sociales En La Construcción Del Movimiento Social En Chile, Karina Martinez

Independent Study Project (ISP) Collection

This investigation aimed to describe the construction of the social movement for health demands in the frame of the social outbreak in Chile in October 2019. In addition to identifying the main health demands of this movement, it also had a focus on understanding the role of social organizations in the construction of the movement and placing it within the broader socio-political movement that arises from the social outbreak. The research design was qualitative and descriptive. Having been a remote investigation, it was largely based on literature review with the support of information from a semi-structured interview. Regarding the results, …