2321 records match your query:
|311. ||DECEMBER 2010 Issue|
|Case and Legislation Comments: The Division of Matrimonial Assets: A Mathematical Methodology as a "Check"?|
Chen Siyuan  Sing JLS 516 (Dec)
In a recent High Court decision concerning the division of matrimonial assets, the Judge developed an extensive (and somewhat mathematical) methodology "as a rough check" to his discretionary powers in determining a "just and equitable" division of the matrimonial assets. This introduced a new perspective to an exercise long considered to be impossible to be mathematically precise. This piece considers the extent of the utility of the new methodology.
|312. ||DECEMBER 2010 Issue|
|Case and Legislation Comments: Two Contrasting Approaches in the Interpretation of Outdated Statutory Provisions|
Goh Yihan  Sing JLS 530 (Dec)
Some statutes in operation today were passed a long time ago. Inevitably, through the passage of time, social norms at the time of enactment may now be unrecognisable. The legislative intent at the time of enactment may also seem outdated in more modern times. Judges interpreting specific provisions of these statutes may therefore encounter problems in ensuring a 'just' result in an instant case. Two recent cases show contrasting approaches towards the interpretation of outdated statutory provisions.
|313. ||DECEMBER 2010 Issue|
|Case and Legislation Comments: Deferred Indefeasibility Reinstated in the Malaysian Torrens System: The End of an Unfortunate Saga|
Teo Keang Sood  Sing JLS 546 (Dec)
The earlier decision of the Malaysian Federal Court in Adorna Properties Sdn. Bhd. V. Boonsom Boonyanit @ Sun Yok Eng had not only spawned academic articles on the subject of indefeasibility of title and interests under the National Land Code 19654 ("the NLC") but had, unfortunately, also left an unwanted trail of uncertainty and insecurity of title for landowners which the Torrens system of land registration embodied in the NLC seeks to avoid, not to mention the slew of conflicting decisions pronounced in its aftermath.
|314. ||DECEMBER 2010 Issue|
|Case and Legislation Comments: "It is a Little Known Legal Fact": Originalism, Customary Human Rights Law and Constitutional Interpretation|
Thio Li-ann  Sing JLS 558 (Dec)
The judicial approach towards constitutional interpretation, in attributing meaning to words in the constitutional text, illumines judicial self-understanding of institutional competence, howthe separation of powers animates or constrains judicial review, and where the fount of judicial legitimacy lies.
|315. ||DECEMBER 2010 Issue|
|Case and Legislation Comments: The Search to Ascertain the Parties' Imputed Intentions|
Wu Zhuang-Hui  Sing JLS 571 (Dec)
The division of an unmarried couple's beneficial interests in property following their separation remains a conundrum. In the House of Lords decision of Stack v. Dowden,2 Baroness Hale remarked that the search is to ascertain the parties' shared intentions-actual, inferred or imputed.Yet the House of Lords did not explain exactly how such an intention could be imputed. Later cases applying Stack seem to have also neglected this possibility of imputation. The recent English Court of Appeal decision of Kernott v. Jones is important because it demonstrates that there are no less than three different ways to interpret this test in Stack. What is striking is that one of the three judgments had even taken into account events after the parties' separation when imputing their shared intentions. Although the Singapore courts have yet to consider whether or not to follow this approach in Stack, it is submitted that it is inevitable that this issue will come before our courts. Kernott makes clear the inherent difficulties in adopting the approach in Stack and the clarifications that our courts will need to make.
|316. ||DECEMBER 2010 Issue|
|Book Review: International Commercial Litigation by Richard Fentiman|
Lan Luh Luh  Sing JLS 582 (Dec)
With the growing number of economies opening up to the world in the last few decades, it has become increasingly common for lawyers to be engaged in transactions involving elements from more than one country. No matter how complex a deal may be, the crux of the matter at the end of the day is whether the rights of the parties can be satisfactorily enforced. For cross-border commercial disputes, this question often depends on the forum in which they are resolved than on the substantive law governing the transactions. It is therefore essential for lawyers to have a good grasp of the issues involved in international commercial litigation in order to appropriately advise their clients of the legal risks involved in their transnational transactions. However, it is difficult to find in the market a readable and erudite book on a subject largely governed by procedural rules and commercial considerations. Nonetheless, Richard Fentiman has shown that it is possible to produce a scholarly work which is not only of a high quality, but at the same time palatable to practitioners.
|317. ||DECEMBER 2010 Issue|
|Book Review: Motor and Work Injury Insurance by Poh Chu Chai|
Lee Kiat Seng  Sing JLS 584 (Dec)
Professor Poh Chu Chai has continued to rationalize his books on the law of insurance into discrete logical areas - the previous edition of this work would have been familiar to readers as the sixth edition of Law of Life, Motor and Workmen's Compensation Insurance (Singapore: LexisNexis, 2002). The current edition comprises the compulsory insurance aspects of the previous edition. That said, this work still adheres to the hallmarks of Professor Poh's work in this area: there is much breadth and depth in its treatment of the relevant principles and case law.
|318. ||DECEMBER 2010 Issue|
|Book Review: Lives in the Law: Essays in Honour of Peter Ellinger, Koh Kheng Lian & Tan Sook Yee by Dora Neo, Tang Hang Wu and Michael Hor, eds.|
Kelvin F.K. Low  Sing JLS 586 (Dec)
A Festschrift, to the unfamiliar, is a book honouring a respected academic. Derived from German, the word is likely to be unfamiliar to the Singaporean legal fraternity. Lives in the Law is the first Festschrift to be published in Singapore honouring a legal academic. The editors have not, however, been content with achieving a first in Singapore. As the editors wryly observe in their Preface (at p. xi), what had initially germinated as plans for three separate Festschriften evolved into "the first collection to honour three [legal academics] in one go", thus achieving another first, this time internationally. Although the undertaking spans less than 300 pages in all, the colossal nature of it is evident from a quick perusal of the acknowledgments (at p. xiv).
|319. ||DECEMBER 2010 Issue|
|Book Review: Antitrust and Regulation in the Euand U.S. by Francois Leveque and Howard Shelanski, eds.|
Robert Ian McEwin  Sing JLS 591 (Dec)
This book examines "various aspects of the evolving balance between antitrust and regulation in the European Union and the United States" (at p. vii) and contains papers originally presented at a conference in 2006 which focused on network industries. The contributors include distinguished economists and lawyers from Europe and the United States. As the editors point out, "the chapters span a range of related topics, some focusing on general observations about the relationship between antitrust and regulation in the respective jurisdictions and others tying those observations to particular industrial sectors" (at p. vii).
|320. ||DECEMBER 2010 Issue|
|Book Review: Constitutional Law in Malaysia and Singapore by Kevin Y.L. Tan and Thio Li-ann|
Amanda Whiting  Sing JLS 593 (Dec)
I have two disclosures to make to readers of this review. One is that Tan and Thio are both well known to me personally as colleagues and friends, so readers must take this into account when evaluating my evaluation of this book. The second is that I hate casebooks. As a researcher, I find them confusing, incomplete (despite their density) and unhelpful (because of their density). As a teacher, I dread having to deal with student complaints that the expensive tome is unnecessarily confusing, dense and unhelpful-thus reinforcing the learned helplessness and deference to authority and tradition which the casebook method of teaching is so often criticised for perpetuating-and I resent having to spend hours supplementing and remedying the assigned casebook with my own photocopies, handouts, summaries and class discussion questions.