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31.  SEPTEMBER 2020 Issue
p.702

All The World's A Stage, But What is A Dramatic Work?
David Tan and Samuel Lim  •  [2020] Sing JLS 702 (Sep)
Modern conceptions of dramatic entertainment have expanded to include diverse and previously inconceivable forms. The elements of apparent spontaneity in popular television shows like MasterChef, The Amazing Race and The Voice appear to be at odds with the traditional requirements of a predetermined script—which is commonly understood to be necessary for copyright protection of a "dramatic work". Other forms of performances such as improvisation theatre, animal acts, fireworks and synchronised drones only add to a cacophonous collection that do not fit into our current state of copyright law that demands categorical recognition of works. This article explores, through a comparative analysis of developments in a number of Commonwealth common law jurisdictions, what may and should qualify as a dramatic work in Singapore in the 21st century.

32.  SEPTEMBER 2020 Issue
p.726

The Tainting Doctrine in Singapore Conflict of Laws
Rennie Whang  •  [2020] Sing JLS 726 (Sep)
In Singapore conflict of laws, the tainting doctrine applies where a contractual claim governed by Singapore law is not itself unenforceable for illegality or public policy, but is sufficiently connected to a transaction which is so unenforceable. However, the mechanism of this doctrine—as articulated in the English Court of Appeal decision of Euro-Diam Ltd v Bathurst Ltd —is today uncertain due to, inter alia , its use of domestic illegality principles which no longer apply. This paper suggests two areas of clarification. First, it explores whether the doctrine should be seen an application of the proper law of the contract or the law of the forum. Second, it introduces a possible approach as informed by the test in tainting by domestic illegality, which may be applied where the contract sought to be enforced is governed by Singapore law.

33.  SEPTEMBER 2020 Issue
p.748

Case and Legislation Notes: Impossible Attempts and the Punishment of Intent— Han Fang Guan v Public Prosecutor
Chan Wing Cheong  •  [2020] Sing JLS 748 (Sep)
This comment reviews the new "two-stage framework" developed by the Singapore Court of Appeal in the case of Han Fang Guan v Public Prosecutor for impossible attempts under the Misuse of Drugs Act . The new framework clarifies the law and it is suggested that the approach should be adopted for all other criminal laws as well.

34.  SEPTEMBER 2020 Issue
p.756

Case and Legislation Notes:Opening the Door to Fickle-Minded Guilty Pleas?— Public Prosecutor v Dinesh s/o Rajantheran
Goh Teng Jun Gerome  •  [2020] Sing JLS 756 (Sep)
Unlike applications to retract guilty pleas, accused persons are not required to provide valid and sufficient reasons when qualifying their guilty pleas in mitigation. In Criminal Reference No. 5 of 2018, the Court of Appeal held that section 228(4) of the Criminal Procedure Code allows accused persons to qualify their guilty pleas in mitigation to the extent that it amounts to a retraction of their guilty pleas unless there is an abuse of the court's process. This comment considers the desirability of the current law and suggests that the law applying to such withdrawals of guilty pleas should be amended.

35.  SEPTEMBER 2020 Issue
p.769

Book Reviews: International Sales Law: A Guide to the CISG by Ingeborg Schwenzer, Christiana Fountoulakis and Mariel Dimsey
Gary F Bell  •  [2020] Sing JLS 769 (Sep)
This is the third edition of this excellent casebook on the United Nations Convention on Contracts for the International Sale of Goods ("CISG"). It is a very useful teaching tool, which is its main purpose. It comes, for example, with questions for the students on each article of the CISG, with 140 pages of answers to these questions at the end of the book. This casebook could also be very useful to the practitioner unfamiliar with the CISG as it provides edited cases on the CISG from many jurisdictions, some comparisons to other international instruments and to some domestic laws, and some views from the CISG Advisory Council and some doctrinal authors.

36.  SEPTEMBER 2020 Issue
p.772

Book Reviews: Information and Communications Technology Law in Singapore by Warren B Chik and Saw Cheng Lim
Roger Brownsword  •  [2020] Sing JLS 772 (Sep)
Just over twenty years ago, Singapore became a global leader in legislating for e-commerce. At that time, not only was it the case that books on Information and Communications Technology ("ICT") Law, or Internet Law, or the like, did not exist, there was also a view that books on such a niche area of law would be unhelpful. As Judge Frank Easterbrook famously contended in "Cyberspace and the Law of the Horse" (1996), a course on the 'Law of Cyberspace' would be as misconceived and unilluminating as a course on 'The Law of the Horse'. What Easterbrook said about courses on cyber law would no doubt apply in the same way to books on that subject. Yet, Easterbrook's reservations notwithstanding, courses on ICT Law have proliferated; books on ICT Law have proliferated; and, this book by Warren Chik and Saw Cheng Lim, in which the authors offer readers their expert commentary on ICT Law in Singapore, is another valuable addition to the literature of cyberlaw.

37.  SEPTEMBER 2020 Issue
p.774

Book Reviews: Constitutional Change in Singapore: Reforming the Elected Presidency by Jaclyn L Neo and Swati S Jhaveri, eds
Kenny Chng  •  [2020] Sing JLS 774 (Sep)
Constitutional Change in Singapore: Reforming the Elected Presidency is an excellent contribution to the literature on a uniquely Singaporean institution: the Elected Presidency. Established in 1991 as a means of providing an intra-institutional check upon the exercise of executive power through a democratically-elected head-of-state, the Elected Presidency is an autochthonous innovation to the traditional Westminster structure of government. A compilation of insightful and thought-provoking essays, the book will be an invaluable resource for lawyers, academics, law students, and anyone else interested in the Elected Presidency.

38.  SEPTEMBER 2020 Issue
p.779

Book Reviews: Form and Substance in the Law of Obligations by Andrew Robertson and James Goudkamp, eds
Weiming Tan  •  [2020] Sing JLS 779 (Sep)
In Parkin v Thorold (1852) 16 Beav 59, Lord Romilly MR held that Courts of Equity make a distinction in all cases between that which is matter of substance and that which is matter of form; and if it find that by insisting on the form, the substance will be defeated, it holds it to be inequitable to allow a person to insist on such form, and thereby defeat the substance" (at pp 66-67). The distinction between form and substance is long-standing and is familiar to both Chancery and Common Law judges. In contract law, Bingham LJ (as he then was) had warned in Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd [1989] QB 433 (CA) that a court must be alive in identifying a "disguised penalty clause" which would be unenforceable at common law (at 439). With the apparent obsession of 'substance over form', does 'form' still have a role to play in private law? The collection of essays in this volume explores the interactions and influences of both camps within the law of obligations. Broadly speaking, the essays can be sorted into three clusters.

39.  SEPTEMBER 2020 Issue
p.782

Book Reviews: Private International Law: Contemporary Challenges and Continuing Relevance by Franco Ferrari and Diego P Fernández Arroyo, eds
Marcus Teo  •  [2020] Sing JLS 782 (Sep)
How central is private international law to the resolution of international disputes today? This fundamental question has at least two distinct dimensions. First, there is the question of the extent to which classic private international law's techniques and processes continue to be viable in a world with increasingly diverse yet interconnected legal systems, which challenges the very foundations of the discipline itself. Second, there is the question of whether private international law should extend itself beyond its traditional domain of private law, to address larger concerns of global governance and regulation, which concerns the appropriate location of the discipline's frontiers. In Private International Law: Contemporary Challenges and Continuing Relevance , Franco Ferrari and Diego P Fernández Arroyo bring to bear on these important questions a carefully-curated set of responses from veteran scholars in the field. The resulting collection contains fascinating insights, both for academics and practitioners, on this complex field's current state-of-play.

40.  SEPTEMBER 2020 Issue
p.786

Book Reviews: Competition Law and Big Data: Imposing Access to Information in Digital Markets by Beata Mäihäniemi
Benjamin Wong  •  [2020] Sing JLS 786 (Sep)
Major information intermediaries (such as Amazon, Facebook and Google) have considerable control over the flow of information online. This has been an issue of concern for some competition regulators. The concern, generally speaking, is that an information intermediary can use its control over information in anti-competitive ways. This gives rise to the question of how competition law should intervene in this context.

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