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41.  SEPTEMBER 2017 Issue
p.387

Book Reviews: A History of the Philosophy of Law in the Common Law World 1600-1900
Michael Lobban  •  [2017] Sing JLS 387 (Sep)
The historical surveys of common law legal theory provided by volumes 8 and 11 of Springer's multi-volume Treatise of Legal Philosophy and General Jurisprudence have now been published in paperback, at a price which makes them more accessible to a wider readership. Michael Lobban takes us from the seventeenth century through to the dawn of the twentieth, and Gerald Postema surveys developments in the twentieth century. Significantly, the latter volume is well over double the length of the former, attesting to the explosion of theoretical reflection in the common law world over the last century. Postema mentions (at p xxv) that the book took him ten years to write and even in that period the pace of change was such that received ideas became a moving target.

42.  SEPTEMBER 2017 Issue
p.387

Book Reviews: Legal Philosophy in the Twentieth Century: The Common Law World
Andrew Halpin  •  [2017] Sing JLS 387 (Sep)
Optimism or pessimism over the realisation of a jurisprudential ideal is a matter for personal temperament and inclination, but the efforts in the common law world across four centuries to engage in theoretical reflection over law and law's deeper connection to the fulfilment of social life amount to compelling evidence in reaching the conclusion that law cannot be reduced to an unreflective practice of lawyers. Every thinking lawyer should be informed and stimulated by these books, and as for the iurisperiti, any unthinking lawyers should acquire them in order to stimulate thought.

43.  SEPTEMBER 2017 Issue
p.391

Book reviews: The Commercial Appropriation of Fame: A Cultural Analysis of the Right of Publicity and Passing Off by David Tan
Peter Jaszi  •  [2017] Sing JLS 391 (Sep)
Over several centuries, the rhetoric of 'gap filling' has often been invoked to naturalise expansions of intellectual property ("IP") rights—copyright term extension, the patenting of life forms, trademark disparagement, and so forth. The ready pragmatism of the phrase has definite audience appeal, making big changes sound like straightforward responses to external conditions—rather than choices about how to draw the line between private ownership and public discourse. We know, however, that once filled, 'gaps' tend to stay filled. Retrospective debates about the wisdom of such decisions tend to be (both literally and figuratively) of merely academic interest. So what is most refreshing and commendable about Professor Tan's The Commercial Appropriation of Fame is that the author's thorough and clear-eyed review of one such gap-filling project is powerful and timely enough that it could make a practical difference. Professor Tan not only tells us all we need to know about the historical origins of legal protection for celebrity personas, but also suggests a way that the scope of such protection can be reasonably cabined, in ways that largely fulfil the public interest in access to information, in years to come. This is all the more true because in the United States ("US") (with which Professor Tan is largely concerned), and elsewhere, the right of publicity and its cognates are largely creatures of the courts—common law improvisations which (even where they have received statutory confirmation) are still widely open to judicial interpretation.

44.  SEPTEMBER 2017 Issue
p.394

Book reviews: Secured Transactions Law Reform: Principles, Policies and Practice by Louise Gullifer and Orkun Akseli, eds
Dora Neo  •  [2017] Sing JLS 394 (Sep)
Reform of the law of secured transactions has been discussed in the United Kingdom ("UK") for more than forty years, starting with the Crowther Committee, Report of the Committee on Consumer Credit (1971), followed by the Cork Committee, Report of the Review Committee on Insolvency Law and Practice (1982), the Report by theWorking Party on Security over Moveable Property (1986) chaired by Professor John Halliday, A L Diamond, A Review of Security Interests in Property (1989), the Company Law Review Steering Group, Modern Company Law: For a Competitive Economy: Final Report (2001) and the Law Commission, Company Security Interests: A Consultative Report (2004) and Company Security Interests: Final Report (2005). Recommendations for reform made through the years have remained largely un-enacted, apart from limited changes made to the system of registration of company charges in 2013. The members of the Secured Transactions Law Reform Project ("STR") founded by Professor Sir Roy Goode and currently directed by Professor Louise Gullifer, are of the view that there are serious shortcomings in the law of England and Wales as it relates to security over personal property, even after the 2013 reforms. Secured Transactions Law Reform: Principles, Policies and Practice grew out of a conference organised by the STR to learn from the experience of other jurisdictions so as to inform the reform process in England and Wales. The volume has 24 chapters, comprising conference papers supplemented by post-conference material.

45.  MARCH 2017 Issue
p.1

Digging Deep into the Ownership of Underground Space—Recent Changes in Respect of Subterranean Land Use
Elaine Chew  •  [2017] Sing JLS 1 (Mar)
Shortly after the government announced its intention to develop a comprehensive underground masterplan, the Singapore Parliament made amendments to the law in the area of the surface landowner's claim to the subsoil underground. This paper outlines and evaluates the changes made and posits that they represent a significant departure from the pre-existing law, particularly in the establishment of a clear cut-off point beneath which the surface landowner may make no ownership claim, and in the creation of a statutory easement in favour of the surface plot over all other land capable of providing subjacent support. These provisions are likely to gain importance as underground development and land use intensifies. However, this paper concludes that the changes bring with them some discomfort as to the content of the rights of real property in Singapore, even as they seek to provide clarity in an area of law where previously a dearth of authority existed, given that critical structural and interpretive gaps in the law remain. There is still some way to go before it can truly be said that a workable legal framework for underground land use has been created.

46.  MARCH 2017 Issue
p.18

Shadow Banking in Singapore
Christian Hofmann  •  [2017] Sing JLS 18 (Mar)
Shadow banking is a phenomenon of global concern because it entails risks for financial stability that need to be adequately addressed by regulation. Easier said than done, one could object, because it is a tricky task for regulators to respond appropriately. Singapore, one of the largest financial centres in Asia and the world, is a hub for financial intermediaries that are considered shadow banks. Data transmitted by Singapore to the Financial Stability Board provides the basis for this analysis of the relevance of shadow banks and risk-containing regulation applicable to them—the first of its kind for Singapore. In line with global efforts to curb risks for financial stability while avoiding excessive limitations on useful financial services, the article points out areas in which particular vigilance is indicated and suggests changes to existing regulation.
[Full Text]

47.  MARCH 2017 Issue
p.53

Advancing Constitutional Justice in Singapore: Enhancing Access and Standing in Judicial Review Cases
Swati Jhaveri  •  [2017] Sing JLS 53 (Mar)
The rules on standing in Singapore have traditionally restricted the commencement of judicial review proceedings by anyone other than applicants directly and individually affected by either a legislative provision or executive action: there has been little scope for what is known as 'public interest litigation' (in all its various forms). This had been the landscape of public law adjudication in Singapore until recently. However, in the past five years, the courts have had to consider challenges by applicants in the absence of such a direct interest. Thus far, the discussion on these cases has focused on broader issues of constitutional interpretation and what the cases indicate about constitutionalism in Singapore. There has been little discussion on issues of standing and what this implies about the role of public law adjudication in Singapore. This article will show how, while explicitly rejecting the possibility of public interest litigation, the courts have provided some scope for developing a more circumscribed form of 'representative' standing in serious cases of illegality or unconstitutionality with built-in control features to prevent actions by 'busybodies' and ensure that the court does not become involved in free-standing political debate. It will propose how these developments may evolve over time, particularly, in a way that maintains the controls the courts have introduced thus far.

48.  MARCH 2017 Issue
p.77

Financial Regulation and Disruptive Technologies: The Case of Cloud Computing in Singapore
Maziar Peihani  •  [2017] Sing JLS 77 (Mar)
An important trend in the world of computing is the rise of cloud technology, whereby on-demand and self-service computing resources are delivered through the internet. The 'cloud' is a disruptive technology that challenges some of the entrenched business models of the IT industry, offering important benefits such as greater flexibility, scalability and utility-based pricing. This paper explores the use of cloud technology by financial institutions and the factors that impact further adoption of cloud technology in the financial sector. Furthermore, this paper investigates how the financial regulator in Singapore, one of the most important financial jurisdictions, is tackling the risks that outsourcing to the 'cloud' involves. It is argued that a number of novel features can be found in the regulator's approach, including a balanced use of principles and rules, a diverse and multi-layered structure of compliance strategies, and engaging cloud service contracts as a means to maintaining regulatory oversight.

49.  MARCH 2017 Issue
p.100

Issue Estoppel Created by Consent Judgments: Dissonance Between the Principles Underlying Settlements and Court Decisions
Dorcas Quek Anderson  •  [2017] Sing JLS 100 (Mar)
This article discusses the application of the concept of issue estoppel to consent judgments. Four High Court decisions have reached conflicting conclusions on this topic and created considerable conceptual difficulties. The article discusses the underlying reasons for the differences in these decisions, focusing on the dissonance brought about by the conventional policies underlying issue estoppel and the differing policy concerns applying to consent judgments. The article recommends that the courts take into account the unique nature of consent judgments, and use a modified test of issue estoppel for consent judgments. It also suggests that the extended doctrine of res judicata is much more appropriate for consent orders.

50.  MARCH 2017 Issue
p.124

Attribution of Liability Between Parent and Subsidiary within a Single Economic Entity: The Singapore Experience
Joshua Seet  •  [2017] Sing JLS 124 (Mar)
Competition law principles in Singapore provide that a company may be liable for the conduct of another company if they belong to a single economic entity, even though they each have a separate legal personality. The CCS has used this doctrine to hold parent companies liable for the actions of their subsidiaries, and vice versa. This article discusses this process of attribution, and proposes several clarifications that may be helpful to strengthen the doctrine.

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