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31.  SEPTEMBER 2017 Issue
p.258

The Teaching of Company Law—Reflections on Past and Future
Walter Woon  •  [2017] Sing JLS 258 (Sep)
Like Baloo of The Jungle Book, I have been involved in the teaching of law (and more specifically, Company Law) for a long time. Company Law is considered to be an essential subject for all lawyers in Singapore. This is borne out by its inclusion as a compulsory paper in Part A of the Bar Examination conducted by the Singapore Institute of Legal Education ("SILE") for graduates of foreign universities intending to be called to the Bar, even though it is not mandatory in many LLB courses abroad. This short piece is a distillation of my experiences not only as a teacher of law but also as a legal practitioner in both the public and private sector over a period of more than thirty years, as well as a member of the board of directors of several listed and non-listed companies. On the basis of that experience, may I proffer the following thoughts on the teaching of Company Law specifically and on legal teaching generally, in the hope of provoking some reflection and discussion.

32.  SEPTEMBER 2017 Issue
p.270

Making and Remaking Equity and Trusts in the Law School
Tan Yock Lin  •  [2017] Sing JLS 270 (Sep)
In the 60 years of the Law School's existence, the value of teaching the distinction between law and equity has sometimes been questioned but never marginalised. Different emphases are discernible. In the foundational years, equity and trusts was presented as a kind of flexible real property or as land management rights. The land context was the institutional focus. Little by little that has given way to more varied contractarian and commercial contexts and applications of equity. This short note traces the shifts in institutional focus in both teaching and research in equity and trusts. Observing that there was little concerted planning in ensuring that the teaching and research in equity and trusts would remain responsive and relevant to the needs of the legal profession, it concludes with the proposition that equity and trusts is still relevantly taught as a distinct and separate subject.

33.  SEPTEMBER 2017 Issue
p.285

Legal Education in Property Law at NUS: Some Reflections
Teo Keang Sood  •  [2017] Sing JLS 285 (Sep)
The paper begins with the recognition that land is scarce in Singapore and looks at how Singapore responds to the situation. The property law course in NUS which has evolved over the years is then considered and is assessed to be what it is today as a result of careful and meticulous planning. The students' experience in the learning of property law has been enhanced and enriched by the Faculty's teaching and research in the subject. Going forward, property law legal education in NUS will continue to develop to meet the future needs of the legal community and Singapore.

34.  SEPTEMBER 2017 Issue
p.299

The Impact of NUS Law on the Development of Tort Law in Singapore 299
Margaret Fordham  •  [2017] Sing JLS 299 (Sep)
Tan Keng Feng, who died in December 2016, was a member of NUS Faculty of Law for over 30 years until his retirement in 2005. Professor Tan introduced generations of students to Tort Law. This compilation of papers to mark the 60th anniversary of the Law Faculty provides a timely opportunity to pay tribute to our colleague by examining the Faculty's influence (both direct and indirect) on the development of Tort Law in this jurisdiction.

35.  SEPTEMBER 2017 Issue
p.308

NUS Law's IP Journey, 1957-2017
Ng-Loy Wee Loon  •  [2017] Sing JLS 308 (Sep)
The narrative of this piece is a simple one: the IP journey of NUS Law closely mirrors the IP journey of Singapore. If IP teaching barely featured at NUS Law for almost the first half of its history, this was when IP was unimportant in the old economy of Singapore and in fact the political leaders were even suspicious about IP rights. If IP teaching started at NUS Law in 1985, this coincided with Singapore shifting gears in the 1980s to move up the value chain into higher-technology sectors where IP rights matter. If NUS Law broadened and deepened its IP curriculum over the next three decades, this was in tandem with Singapore's construction of an increasingly sophisticated IP infrastructure that is needed for a new knowledge-based economy. This narrative is a tale of how a national law school played a supportive role in nation building.
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36.  SEPTEMBER 2017 Issue
p.318

The Importance of Criminal Law
Kumaralingam Amirthalingam  •  [2017] Sing JLS 318 (Sep)
The Faculty of Law, National University of Singapore has been deeply involved in the teaching, research and practice of criminal law in Singapore since its early days. Pioneer members of the faculty developed teaching and resource materials which subsequent generations of scholars have built on. This paper charts the evolution of teaching at the law school and highlights the centrality of criminal law to the teaching and practice of law as well as our conceptions of justice. Criminal law has a profound impact on law students, and at NUS Law, it is a matter of pride that its students have an equally profound impact on criminal law in Singapore—as students, practitioners and leaders.

37.  SEPTEMBER 2017 Issue
p.329

Student Pro Bono and the NUS Faculty of Law
Helena Whalen-Bridge  •  [2017] Sing JLS 329 (Sep)
Pro bono has changed radically in Singapore over the past 60 years, emerging from relative obscurity to become an important regulatory and educational issue. NUS Law has contributed to the growth of pro bono in Singapore through student pro bono. Currently these student activities are not limited to supporting the pro bono of lawyers and organisations, and they contribute directly to access to justice by providing the public and litigants in person with legal information. The character of student pro bono at NUS Law therefore suggests a shift in focus, from pro bono to the primary goal of access to justice.

38.  SEPTEMBER 2017 Issue
p.345

The UK Supreme Court Decision in The Res Cogitans and the Cardinal Role of Property in Sales Law
Michael Bridge  •  [2017] Sing JLS 345 (Sep)
The decision of the United Kingdom Supreme Court in The Res Cogitans has had a profoundly upsetting impact on the law of sale of goods, upsetting many decades of a common understanding about the nature of a sale of goods contract. In a contract for the supply of bunker fuels, the supplier reserved the property in the goods but permitted the shipowner to consume the bunkers before payment and therefore before the property was intended to pass. This supply contract, moreover, was the fourth in a series of contracts on broadly similar terms. The contract was held not to be one of sale of goods because it did not require the property in the bunkers to pass to the shipowner. In reaching this outcome, the court remitted this type of supply contract to the common law, giving rise to a series of potential problems highlighted in this article. The litigation was sparked by the question whether the supplier could maintain a debt action for the price of the goods. In holding that the contract was not one of sale, the court was able to give the supplier its price action without being confined by the apparent limitations on such an action as laid down in the Sale of Goods Act and as expressed at earlier stages in the litigation. Dicta in the Supreme Court, however, have broadened significantly the circumstances in which a sale of goods action for the price may be maintained. Had the broader availability of the price action been decided earlier in the litigation, we should probably not have arrived at the conclusion that this contract was not one of sale of goods.

39.  SEPTEMBER 2017 Issue
p.366

Property in Bribes Revisited in a Cross-Disciplinary Perspective
Tan Yock Lin  •  [2017] Sing JLS 366 (Sep)
Taking its point of departure from the decision of the United Kingdom Supreme Court in FHR European Ventures, this article seeks to bring cross-disciplinary perspectives to bear on the question whether an agent should hold the bribe he has received on constructive trust for his principal. Economising models are employed and the results interpreted by reference to the Calabresi and Melamed tripartite scheme of property rule, liability rule and inalienable right. The results are at least three-fold. First, an effective legal rule responding to the problem of harm caused by corruption must recognise and take account of differences between competitive and non-competitive environments and auditing or monitoring possibilities. Second, a property rule fails to do that. Third, ignoring such endogenous and exogenous variables, it overestimates or underestimates the harm suffered by victims of corruption.

40.  SEPTEMBER 2017 Issue
p.383

Book Reviews: Constitutionalism and Legal Change in Myanmar by Andrew Harding and Khin Khin Oo, eds
Alex Batesmith  •  [2017] Sing JLS 383 (Sep)
On 29 January 2017, one of Myanmar's most noted constitutional lawyers and legal adviser to Aung San Suu Kyi's ruling National League for Democracy ("NLD") was shot dead in broad daylight atYangon International Airport. Coming only three days after the publication of Constitutionalism and Legal Change in Myanmar (2017), U Ko Ni's shocking assassination graphically highlighted the ongoing fragility of the transition to democracy and the perils continuing to face those who speak out for constitutional reform, human rights and the rule of law in one of South East Asia's most complex countries. The cautious optimism advocated by Daw Suu in the wake of the NLD's election victory in November 2015 has in the intervening two years been increasingly tested. The political power still evidently wielded by the military, continuing sporadic armed conflict in the ethnic states despite the nationwide ceasefire agreement, and international condemnation of widely reported allegations of government-perpetrated mass human rights violations in Rakhine State have all strained Myanmar's nascent democratic credentials.

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