International and Area Studies Commons^™

Contractual Interpretation In Indian Evidence Act Jurisdictions: Compatibility With Modern Contextual Approach, Yihan Goh

Research Collection Yong Pung How School Of Law

This paper examines the approaches towards contractual interpretation taken by Commonwealth jurisdictions governed by the Indian Evidence Act. While some of these jurisdictions import the modern contextual approach into their domestic approaches, it will be argued that it is largely compatible with the Indian Evidence Act. In particular, it will be shown that a limited adoption of the modern contextual approach is permissible, namely one involving the limited admissibility of extrinsic evidence to interpret contracts, subject to the requirement of ambiguity. An integrated approach may represent the best way of following the modern contextual approach, while remaining faithful to the …

The Right To Appeal Against A Decision Made On An Interlocutory Application: The Immediate Aftermath Of The 2010 Amendments, Eunice Chua, Siyuan Chen

Research Collection Yong Pung How School Of Law

One of the main reasons for amending the Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) in 2010 was to introduce a calibrated approach towards interlocutory appeals to the Court of Appeal. The amended s 34 and the newly introduced Fourth and Fifth Scheds were interpreted for the first time in two recent Court of Appeal decisions, providing much needed guidance on the general approach towards statutory interpretation, as well as specific direction in terms of interpreting the term “order” in para (i) of the Fourth Sched and para (e) of the Fifth Sched, and the term “interlocutory …

The Future Of The Similar Fact Rule In An Indian Evidence Act Jurisdiction: Singapore, Siyuan Chen

Research Collection Yong Pung How School Of Law

In yet another attempt to bridge the gap between the rules of an antiquated statute and the modern realities of practice, Singapore’s Evidence Act was amended in 2012. Certain relevancy provisions were amended to allow greater admissibility of evidence. While new provisions were introduced to act as a check against abuse, oddly some similar fact provisions were left intact. This paper explains why the 2012 amendments have rendered the future of these enactments very uncertain. This paper also suggests a number of tentative recommendations as regards future legislative change or judicial interpretation. To the extent that Singapore’s Evidence Act was …

The Use Of Experts In Legal Proceedings In Singapore Involving Intellectual Property Rights, David Llewelyn

Research Collection Yong Pung How School Of Law

In intellectual property (IP) cases decided in recent years in Singapore, the use of expert evidence is commonplace. Weaknesses in that expert evidence are commonplace too; sometimes the weaknesses are such that the evidence should be excluded, on other occasions they render the evidence of little value. However, in all cases the reliance on expert evidence will have increased the cost of the litigation for both sides (and rarely does the costs award make that increase good for the successful party). Aside from the more general policy concerns regarding expert evidence, this is an important reason why the courts must …

Go Beyond ‘Nudges’ In Tackling Discrimination, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In this commentary, SMU Associate Professor of Law and NMP Eugene Tan shared his thoughts on the Fair Consideration Framework (FCF), which was describe by Acting Manpower Minister Tan Chuan-Jin as a “nudge” to employers to give Singaporean professionals, managers and executives (PMEs) – who constitute about a third of the workforce – a “fair chance” at job and development opportunities.

Sleepwalking To Disharmony, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary on racial relations in Singapore, SMU Associate Professor of Law and NMP Eugene Tan pointed out that the findings of the Indicators of Racial and Religious Harmony survey jointly conducted by the Institute of Policy Studies and OnePeople.sg demonstrated that we did well where it involved a strong public sphere/space element. However, we did not do as well in indicators that had a closer nexus to the private sphere and how we viewed Singaporeans of other races. Associate Prof Tan opined that the four indicators where we did not fare as well (but were still positive overall) …

On Vernacular Scottishness And Its Limits: Devolution And The Spectacle Of "Voice", Scott Hames

Studies in Scottish Literature

This essay asks why vernacular cultural expression has been so central to discussion of Scottish national autonomy, traces the literary and political contours of vernacular discourse in the period of Scottish devolution, and concludes with a provisional sketch of three "vernacularities" (democratic, romantic and identitarian) and with reflections on how literary criticism might move beyond the "representative” paradigms of vernacular voice to engage with voice as a principle of agency and action.

Adjuration By Alexander Pushkin, J. M. Mcbirnie

Transference

Translated from the Russian with commentary by J.M. McBirnie.

A Nomad’S Progression To The Settled Life By Yuri Vaella, Claude Clayton Smith

Transference

Translated from the Russian by Claude Clayton Smith and Alexander Vaschenko with commentary by Claude Clayton Smith.

After The War By Arseny Tarkovsky, Philip Metres, Dimitri Psurtsev

Transference

Translated from the Russian by Philip Metres and Dimitri Psurtsev with commentary by Philip Metres.

Transference Vol. 1, Summer 2013

Transference

Transference is published by the Department of World Languages and Literatures at Western Michigan University. Dedicated to the celebration of poetry in translation, the journal publishes translations from Arabic, Chinese, French and Old French, German, Classical Greek and Latin, Japanese, and Russian into English verse. Transference contains translations as well as commentaries on the art and process of translating.

Building Bridges Across Cultures: Engaging In The Practice Of Citizen Diplomacy, Clara Martinez

Examples of Student Work

The mission of the World Affairs Council of Oregon is to “broaden public awareness and understanding of international affairs and to engage Oregonians with the world.” The Council offers over forty public programs with experts and world leaders, hosts over 500 emerging leaders from around the globe, and provides assistance to K-12 schools in the important work of teaching students to become citizens of the world. The Council’s public education programs stem from its mission statement. In this essay, Clara Martinez reflects on her internship with the World Affairs Council of Oregon, through which she gained exposure to various programs. …

Building Bridges With Social Capital In The European Union, Peter Andrew Noordijk

Dissertations and Theses

A culture of accommodation and tolerance is a necessary part of establishing and preserving a functional multi-national and multi-ethnic European Union. Civil society organizations and their associated social capital have been shown to foster civic capacity and achievement of public policy goals. However, social capital that is based on group identity can also contribute to a sense of intolerance towards out-groups, undermining the stated tolerance objectives of the social pillar of the European Union. States with a strong presence alongside civil society are expected to be curb the development of the exclusionary bonding form of social capital in favor of …

Fearless: Maurice Phiri, Maurice W. Phiri

SURGE

As the class of 2017 joins Gettysburg College, we recognize first-year student, Maurice Wezi Phiri, who already has already showed his fearless commitment to social justice. [excerpt]

London May Term, Thomas M. Smith

Faculty Presentations

Meaningful international programs and experiences don't happen by accident. Much attention and intentionality are required to keep these programs from simply becoming "educational tourism." This project will highlight the multiple ways in which the London May term program has been designed and executed in order to ensure a meaningful and significant educational and life experience.

Patterns Of Anti-Muslim Violence In Burma: A Call For Accountability And Prevention, Andrea Gittleman, Marissa Brodney, Holly G. Atkinson

Publications and Research

In this report, the authors documents how persecution of and violence against the Rohingya in Burma has spread to other Muslim communities throughout the country. Physicians for Human Rights conducted eight separate investigations in Burma and the surrounding region between 2004 and 2013. PHR’s most recent field research in early 2013 indicates a need for renewed attention to violence against minorities and impunity for such crimes. The findings presented in this report are based on investigations conducted in Burma over two separate visits for a combined 21-day period between March and May 2013.

Cameroon Deaf Empowerment Organisation: Reflections On An International Service-Learning Capstone, Te'aira Tucker

Undergraduate University Honors Capstones

Te’aira Tucker’s capstone is a reflection based upon her experience working on a service learning project in Cameroon, West Africa. As part of her service-learning project, she conducted an internship with a deaf organization, the Cameroon Deaf Empowerment Organisation (CDEO), partnering with this organization through Dr. Berdichevsky’s International Deaf Partnerships (IDP) program. Te’aira went to Cameroon during the summer of 2012 initially to work on an HIV/AIDS education campaign focusing on deaf Cameroonian women. However, upon arriving, she learned that this initiative was not needed, and therefore, she turned instead to a different and pressing need associated with the CDEO …

Cultural Sensitivity In The Archives: Digitizing Controversial Materials, A Balancing Act, Marisol Ramos

UConn Library Presentations

What is the role and responsibility of the archives when considering giving access to potentially controversial material? How cultural sensitivity can serve as a framework to balance access to material that may hurt the feeling of individuals or groups? These are some of the questions discussed in this presentation. The presentation will focus on two cases at the University of Connecticut where issues about cultural sensitivity have an impact in the decisions taken to digitize the collections. In specific, I discussed working with sensitive cultural materials which have the potential to hurt, embarrassed or infuriate different type of stakeholders. I …

Fearless: Bruce Larson And Alice Carter, Bruce A. Larson, Alice Carter

SURGE

This Monday, Professor of political science and public policy, Bruce Larson, Assistant Director of Development, Alumni, and Parent Relations, and Technology, Alice Carter, and daughter Lily Larson will be leaving for a semester in Beijing, China. Professor Larson will be joining the ranks of Gettysburg College’s Fulbright recipients, teaching two courses at the China Foreign Affairs University while conducting his research.

The Assessment Of Nigerian Diaspora In The Usa And Exploring Its Potential Contribution To Sustainable Development, Binyam Shimelis Aseffa

Capstone Collection

Increased migration is inevitable in an integrating world economy; Nigeria is one of these developing countries with a high migrant or diaspora population. This research is conducted to assess Nigerian Diaspora in the USA and explore its potential contribution to sustainable development. The research used secondary data collection and analysis to come up with the findings. The major findings of the research include; Nigeria is one of the developing countries with the highest migrant population all over the world. Nigerians have left their home in the last few years in droves and today can be found in every part of …

Appendix 4: Selected Putative Iranian-Perpetrated Extraterritorial Killings And Attempted Killings Of Non-Iranians, 1980-2012, Brian Champion, Lee Crowther

Faculty Publications

Appendix 4 documents selected attempts (successful or otherwise) made on the lives of non-Iranians outside of Iran for which some allegation was made that Iran itself, at an official or quasi-official level, was responsible. The appendix documents twenty incidents taking place between June 1980 and February 2012 targeting twenty-six individuals.

Hougang By-Election Case: What Court Decision On By-Election Reveals, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The Singapore Court of Appeal’s judgment in Vellama d/o Marie Muthu v Attorney-General [2013] SGCA 39 – popularly known as the Hougang by-election case – shows that the Court sees its role as policing the margins rather than involving itself in the heart of politics. The Court held that the Government was incorrect in asserting the Constitution confers on it the discretion not to hold a by-election at all after a parliamentary seat falls vacant. The judgment came as a surprise to those used to a judicial stance fairly deferential towards the Government, but on balance the Court did accord …

Fearless: Professor Janet Powers And Linnea Goebel, Janet M. Powers, Linnea C. Goebel

SURGE

This week we would like to recognize Professor Janet Powers and recent graduate Linnea Goebel ’13 for their work in Bosnia this summer helping to set up a group of female embroiderers with an Amazon Marketplace account to sell their wares on the internet. [excerpt]

Floating Hope, Singapore Management University

Perspectives@SMU

It was 1994 when aristocrat Runa Khan and her soon-to-be husband Yves Marre sailed a decommissioned oil barge from the waters off France to her home country of Bangladesh. They had intended to propose to charitable organisations of a revolutionary plan they had: to turn the shipping vessel into a mobile medical station.

The ship would bring medical help to the unreachable islands, or chars, that make up much of Bangladesh. It was a brilliant plan, and would have solved the problem of reaching isolated char communities, most of whom had been neglected by the government and NGOs (non-governmental …

India Starts To Open Up, Singapore Management University

Perspectives@SMU

Investors have often shied away from India, citing the difficulties inherent in its notoriously difficult businesss landscape. Yet there is a lot of money to be made in India, Dr S Narayan, Senior Research Fellow of the Institute of South Asian Studies at the National University of Singapore, told Perspectives@SMU. Many companies seem reluctant to carry out sufficient market entry analysis, he says, despite the policy changes now taking place in the world's tenth largest economy.

A Subcontinent's Sunni Schism: The Deobandi-Barelvi Rivalry And The Creation Of Modern South Asia, William Kesler Jackson

History - Dissertations

This work presents the first-ever history of the 150-year religio-political rivalry between the Deobandis and the Barelvis--arguably the most important schism in the "Muslim world," and certainly the most significant within Sunni Islam. More recently, that rivalry has often been expressed by means of bullets and bombs, especially in Pakistan. But beyond the headline-grabbing violence of the Deobandi-Barelvi schism lies the story of a century-and-a-half-long religious antagonism: at first over converts, later for competing visions of the political future, then for a place within a new "Islamic" polity--for dominance within its political structure. For Deobandis, the rivalry was defined by …

Academic Paper Supports Housing Curbs For Prs, Foreigners, Mindy Tan, David Kuo Chuen Lee

Research Collection Lee Kong Chian School Of Business

No abstract provided.

Derailed: Communicating Singapore’S Mass Transit Crises [Case Study], Pang, A.

Research Collection Lee Kong Chian School Of Business

The case: In December 2011, one of Singapore’s main mass transit rail lines came to a standstill for several hours on two separate days. While occasional public transport breakdowns are unavoidable, the rail operator came under intense criticism for its poor handling of the incidents, including its failure in crisis communication. Its value: This case can be used to illustrate a number of perspectives and concepts from the literature on crisis and organisational communication. Of particular contemporary interest is what the case shows about how communication technologies, including social media, should and should not be used by organisations.

Relationships Between Parenting Styles, Severity Of Punishment, Importance Of Religion In Child Development And Childhood Social Behaviors In Caribbean Immigrant Families, Elif Dede Yildirim

Theses - ALL

Using cultural ecological, parenting frameworks, and immigrant adjustment perspectives as a guide, this study explored the relationship between parenting style, severity of punishment, parental assessment of the importance of religion in child development, and children's social behaviors among Caribbean immigrant families in the US. The sample consisted of 57 mother-father pairs who had a pre-kindergarten or kindergarten-age child. Parents provided assessments of their parenting styles using the Parental Authority Questionnaire and answered two Likert-type questions about parental importance of religion in child development, and severity of punishment. They also provided assessments of their children's social skills. Paired sample t-test indicated …

The Children Of Amarna: Disease And Famine In The Time Of Akhenaten, Kathleen Kuckens

Graduate Theses and Dissertations

What is now known as Amarna, Egypt there once stood a grand city. Hastily built and quickly abandoned, this once capital city of Egypt was the brainchild of the Pharaoh Akhenaten. In 2002 the final resting place of the inhabitants who populated this ancient city were discovered. Since excavations began at the South Tombs Cemetery an unusual high number of individuals aged 3-25 have been excavated. Out of the 278 individuals excavated thus far, 45% of them fall to the adolescent and sub-adult category. Under normal circumstances this portion of the population tends to be the most robust and resilient, …