
SINGAPORE JOURNAL OF LEGAL STUDIES


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- Article
The Globalisation of Legal Education
Citation: [2008] Sing JLS 58This article examines the evolution of legal education as it has moved through international, transnational, and now global paradigms. It explores these paradigms by reference to practice, pedagogy, and research. Internationalisation saw the world as an archipelago of jurisdictions, with a small number of lawyers involved in mediating disputes between jurisdictions or determining which jurisdiction applied; transnationalisation saw the world as a patchwork, with greater need for familiarity across jurisdictions and hence a growth in exchanges and collaborations; globalisation is now seeing the world as a web in more ways than one, with lawyers needing to be comfortable in multiple jurisdictions. - Article
Using Trusts to Protect Mobile Money Customers
Citation: [2014] Sing JLS 59Some 1.8 billion people today have a mobile phone and no bank account. Mobile money is the provision of financial services through mobile phones. It offers the substantial potential benefits of financial inclusion to poor people in poor nations. This article explores how trust law can be used to address the key risks these mobile money customers face: bankruptcy of the e-money provider, illiquidity and fraud. Prudential regulation is largely inapplicable because most providers are telecommunications companies and not banks. Trust law is a highly efficacious way to address this regulatory lacuna. - Article
Constitutional Amendments in Malaysia – Part I: A Quick Conspectus
Citation: [1976] Sing JLS 59 - Article
Regulating Supreme Court Recusals
Citation: [2006] Sing JLS 60This article presents a critical analysis of the approach of the U.S. Supreme Court to recusal motions aimed at one of the Justices of the Court. The catalyst was the controversy arising from the weekend duck-hunting trip of U.S.Vice-President Richard Cheney and Supreme Court Justice Antonin Scalia, after which Justice Scalia denied a motion to recuse himself from a pending case in which his hunting partner, Mr Cheney, was a party. This startling decision is final and conclusive since the Supreme Court refuses to intervene in such decisions. Such an approach by the Court is untenable and contrasts starkly with that of the House of Lords, which did not shrink from disqualifying Lord Hoffmann on grounds of bias in the Pinochet case. A comparative study of comparable common law jurisdictions exposes the U.S. Supreme Court as an island of isolation over this issue. It also provides accessible solutions that are disarming in their simplicity. The particular responses that are commended in this article are formalized self-regulation and substitution. - Article
Legal Techniques Available to Facilitate and Promote Regional Economic Development
Citation: [1970] Sing JLS 60 - Article
The Quest for Optimal State Intervention in Parenting Children: Navigating Within the Thick Grey Line
Citation: [2011] Sing JLS 61This article draws upon lawand social science research in examining the private and public spheres in parenting children. It argues for state intervention in cases where evidence of acts can be marked out with clear consensus as constituting abuse or ill-treatment. Beyond this, there is a substantially large area of uncertainty, a 'thick grey line', within which it is not always clear whether parents' behaviour should be regarded as abuse or ill-treatment. 'Better safe than sorry' is an inappropriate adage for supporting intervention in the 'thick grey line'. The law should guard against being overzealous in interfering in the parent and child relationship. Suggestions are made on reform of the statutory provisions on child protection as well as how the court may, under the current provisions, be guided to make appropriate orders in this area.