Social and Behavioral Sciences Commons^™

The Effects Of Short-Selling Threats On Incentive Contracts: Evidence From An Experiment, David De Angelis, Gustavo Grullon, Sebastien Michenaud

Sébastien Michenaud

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Dream Dare Do, Dana Kopp

Dana Kopp, MLS, AHIP(S)

No abstract provided.

Information Literacy Instruction At Loyola Marymount University, Elisa Slater Acosta

Elisa Slater Acosta

Review Of Years 9 To 12 Tasmania : Final Report, Geoff N. Masters, Kathryn Moyle, Sheldon Rothman, Hilary Hollingsworth, Bill Perrett, Paul R. Weldon, Kate Perkins, Justin Brown, Ali Radloff, Patricia Freeman, Sofi Damianidis

Ali Radloff

The Tasmanian Government is currently implementing significant reforms to improve students’ retention and attainment in Tasmania’s schools. There is a concern in the Tasmanian community however, that their students’ performances are among the lowest in the nation. Reasons nominated for these results include weak literacy and numeracy levels; low attendance rates; high anxiety around transitions between Year 10 and Year 11 by some students, especially among those living outside of the larger cities; students seeking alternative education options; and family, financial, health and carer based issues. It is against this backdrop that the Australian Council for Educational Research (ACER) was …

Review Of Years 9 To 12 Tasmania : Final Report, Geoff N. Masters, Kathryn Moyle, Sheldon Rothman, Hilary Hollingsworth, Bill Perrett, Paul R. Weldon, Kate Perkins, Justin Brown, Ali Radloff, Patricia Freeman, Sofi Damianidis

Dr Paul Weldon

The Tasmanian Government is currently implementing significant reforms to improve students’ retention and attainment in Tasmania’s schools. There is a concern in the Tasmanian community however, that their students’ performances are among the lowest in the nation. Reasons nominated for these results include weak literacy and numeracy levels; low attendance rates; high anxiety around transitions between Year 10 and Year 11 by some students, especially among those living outside of the larger cities; students seeking alternative education options; and family, financial, health and carer based issues. It is against this backdrop that the Australian Council for Educational Research (ACER) was …

Review Of Years 9 To 12 Tasmania : Final Report, Geoff N. Masters, Kathryn Moyle, Sheldon Rothman, Hilary Hollingsworth, Bill Perrett, Paul R. Weldon, Kate Perkins, Justin Brown, Ali Radloff, Patricia Freeman, Sofi Damianidis

Dr Hilary Hollingsworth

The Tasmanian Government is currently implementing significant reforms to improve students’ retention and attainment in Tasmania’s schools. There is a concern in the Tasmanian community however, that their students’ performances are among the lowest in the nation. Reasons nominated for these results include weak literacy and numeracy levels; low attendance rates; high anxiety around transitions between Year 10 and Year 11 by some students, especially among those living outside of the larger cities; students seeking alternative education options; and family, financial, health and carer based issues. It is against this backdrop that the Australian Council for Educational Research (ACER) was …

Review Of Years 9 To 12 Tasmania : Final Report, Geoff N. Masters, Kathryn Moyle, Sheldon Rothman, Hilary Hollingsworth, Bill Perrett, Paul R. Weldon, Kate Perkins, Justin Brown, Ali Radloff, Patricia Freeman, Sofi Damianidis

Professor Kathryn Moyle (consultant)

The Tasmanian Government is currently implementing significant reforms to improve students’ retention and attainment in Tasmania’s schools. There is a concern in the Tasmanian community however, that their students’ performances are among the lowest in the nation. Reasons nominated for these results include weak literacy and numeracy levels; low attendance rates; high anxiety around transitions between Year 10 and Year 11 by some students, especially among those living outside of the larger cities; students seeking alternative education options; and family, financial, health and carer based issues. It is against this backdrop that the Australian Council for Educational Research (ACER) was …

Preserving Culture Through Library Collections: The Example Of Paul Et Virginie, Kristin Hoffmann

Kristin Hoffmann

Kristin Hoffmann, librarian of the French collections at the Weldon Library (The University of Western Ontario) discusses the goals and tasks involved by the preparation of a library display contributing to a 18th Century literature course about Paul et Virginie.

From Data To Decisions At Your Nonprofit, Michael P. Johnson Jr., George Chichirau, Jason Wright

Michael P. Johnson

The Little India Riot: Domestic And International Law Perspectives, Siyuan Chen

Siyuan CHEN

A riot involving hundreds of foreign labourers broke out in Little India, Singapore, on 8 December 2013. Only the second riot to occur in more than 40 years in fairly tranquil Singapore, the damage was extensive as rioters destroyed police and emergency vehicles and even injured dozens of police and civil defence personnel. The authorities only needed a few days to complete the investigations and shortly after, some of the alleged rioters were arrested and charged, while some of them were repatriated. The swiftness of the entire process prompted harsh criticism from international and local human rights groups, who claimed …

The Prosecution's Duty Of Disclosure In Singapore: Muhammad Bin Kadar V Public Prosecutor [2011] 3 Slr 1205, Siyuan Chen

Siyuan CHEN

The Court of Appeal (CA) judgment in Muhammad bin Kadar v Public Prosecutor created quite a stir in Singapore. The case pertained to a murder involving two suspects, and its resolution took almost six years, with many twists and turns as to the actual facts. The CA attributed the confusion in part to questionable practices adopted by the police and the prosecution at various points in the proceedings, and reserved strong words for them in its judgment. It also established new requirements for the prosecution regarding its duty to the court to disclose relevant material not favourable to the case …

The Unresolved Legality Of Online Gambling In Singapore, Siyuan Chen

Siyuan CHEN

This article addresses what appears to be a hitherto (legislatively and judicially) unresolved issue in a country where gambling is an established sub-culture – the legality of online gambling. The existing legislation does not provide direct answers, and as a result, the courts have not been given the opportunity to answer the question directly either. The police have previously made a few statements to the press and the media, but what should we make of them? While placing bets with unauthorised bookies (including those who operate their own website or use others’ websites) is clearly outlawed, leaving the offender with …

The Regulation Of The Recreational Use Of “Drones” For Aerial Photography And Videography: Comparing Singapore’S Unmanned Aircraft Act With Other Legislation, Siyuan Chen

Siyuan CHEN

In the last few years, there has been a dramatic increase in the use of remote-controlled copters or “drones” by recreational users to capture aerial photographs and videos on an unprecedented scale. The convergence of cutting-edge technological developments in gyroscopic gimbals, long-range wireless transmissions, GPS-enabled stabilisation and flightpath-preprogramming, first-person-views, and compact digital imaging has led to the proliferation of these camera-carrying devices that even hobbyists can pilot with reasonable safety. However, there has been a consistent stream of public concern relating to issues of safety, privacy, and disruption of commercial interests. Lost in the paranoid cacophony is a question that …

Some Thoughts On A Record-Breaking 2014/15 Season For Singapore’S International Mooters, Siyuan Chen

Siyuan CHEN

Singapore has an extremely proud tradition in international moot court competitions. The famous NUS’82 team which won Singapore’s first Jessup championship comprised members who have all gone on to become Senior Counsel; one is now a High Court Judge (Steven Chong) and another, the Attorney-General (VK Rajah). Videos of championship finals featuring Singapore mooters continue to be used as training tools by universities all over the world, especially the 2001 Jessup final featuring the first and only person to have ever won the two largest moots, the Jessup and the Vis. And in that same year (2001), NUS won arguably …

Revisiting The Similar Fact Rule In Singapore: Public Prosecutor V. Mas Swan Bin Adnan And Another, Siyuan Chen

Siyuan CHEN

The similar fact rule in Singapore—as with the law on any evidence law doctrine that can be found in both our Evidence Act and the common law—has required clarification for some time. This note, which discusses the latest local decision on the similar fact rule, considers if that decision is compatible with the Evidence Act and the various conceptualisations underlying the doctrine.

The 2012 Amendments To Singapore's Evidence Act: More Questions Than Answers As Regards Expert Opionion Evidence?, Siyuan Chen

Siyuan CHEN

Singapore amended the expert opinion evidence provisions in its Evidence Act (EA) in 2012. The criteria for admissibility have been broadened, but the courts are now also expressly given the discretion to exclude relevant expert opinion evidence if it is ‘in the interests of justice’. This article explains why the 2012 amendments have raised more questions than answered them. First, Parliament did not appear to have properly appreciated the distinction—as conceptualised by the EA—between legal and logical relevance and relevance and admissibility. Second, it did not appear to have appreciated the distinction between general and specific relevance. Third, the introduction …

The Division Of Matrimonial Assets: A Mathematical Methodology As A "Check"? Ajr V. Ajs, Siyuan Chen

Siyuan CHEN

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.

The Final Twist In Common Intention? Daniel Vijay S/O Katherasan V. Public Prosecutor, Siyuan Chen

Siyuan CHEN

It was only in 2008 that the Court of Appeal made a seminal restatement of the law on common intention, particularly with respect to liability in so-called ‘twin crime’ situations. The question posed then was posed again recently in Daniel Vijay: what exactly is the required mens rea for the secondary offender in such situations? In 2008, the Court of Appeal said that the secondary offender had to subjectively know that one in his party might likely commit the collateral offence in furtherance of the common intention of carrying out the primary offence. Now, in Daniel Vijay, the Court …

The Discretionary Death Penalty For Drug Couriers In Singapore: Four Challenges, Siyuan Chen

Siyuan CHEN

In 2012, Singapore amended its Misuse of Drugs to give courts hearing capital drug trafficking cases the discretion to replace the default death penalty with life imprisonment and caning, provided that the accused person can show that he was merely a drug courier and the prosecution certifies that he had substantively assisted the authorities in disrupting drug trafficking activities. The Singapore High Court and Court of Appeal have since made important pronouncements on the 2012 amendments, but several challenges remain: first, whether the privilege against self-incrimination has been further eroded; secondly, whether an accused person can invoke the statutory relief …

Sham Marriages, Ancillary Powers, And Moral Discourse: Toh Seok Kheng V. Huang Huiqun; Adp V. Adq, Siyuan Chen

Siyuan CHEN

Is marriage an institution (of public morality) or a contract (of private ordering)? In Toh Seok Kheng, the High Court concluded that it was unable to declare a “sham marriage” void just because the motives behind the marriage seemed improper. In ADP, the High Court held that since a void marriage meant there was no marriage to begin with, the “wife” was not entitled to maintenance, and there could not have been any “matrimonial assets” to be divided, unless she had a strong “moral” claim. This piece considers how the aforementioned moral-contractual dichotomy emerges in these cases.

Redefining Relevancy And Exclusionary Discretion In Sir James Fitzjames Stephen’S Indian Evidence Act Of 1872: The Singapore Experiment And Lessons For Other Indian Evidence Act Jurisdictions, Siyuan Chen

Siyuan CHEN

In many jurisdictions, the rules of evidence can often be instrumental in determining the outcome of a dispute. But to what extent can evidence law be controlled by codification, or is it better to leave its regulation and development to the judges via common law? In an attempt to bridge the gap between the rules of an antiquated evidence statute and the modern realities of practice, Singapore’s Evidence Act was amended in 2012. Certain relevancy provisions were amended to allow greater admissibility of evidence, while new provisions were introduced to act as a check against abuse. However, it will be …

Discretionary Death Penalty For Convicted Drug Couriers In Singapore: Reflections On High Jurisprudence Thus Far, Siyuan Chen

Siyuan CHEN

For decades, drug trafficking was a serious offence in Singapore potentially punishable by mandatory death. In 2012, Singapore’s Misuse of Drugs Act (MDA) was amended to give the courts sentencing discretion if the accused can first prove that he was merely a courier, and to better reflect the moral culpability accorded as between mules and kingpins in the hierarchy of drug syndicates. However, there are some complications in proving this. Not only must the accused show that he was merely a courier, he must also show that he had substantively assisted the authorities in disrupting drugtrafficking activities in Singapore. This …

Mediated Postnuptial Agreements And Ancillary Matters, Siyuan Chen

Siyuan CHEN

When the parties in a divorce have, with the benefit of legal counsel, gone through mediation and negotiated an agreement to settle the ancillary issues of maintenance and the division of matrimonial assets, is there any reason for the court to exercise its statutorily conferred discretion to ignore such an agreement or should it seek to uphold it despite objections from one of the parties? Whereas the High Court in this case declined to follow all of the terms in the agreement on the ground that some of them were not just and equitable, the Court of Appeal held that …

Misconduct And The Division Of Matrimonial Assets: Clarification From The Court Of Appeal Chan Tin Sun V Fong Quay Sim [2015] Sgca 2, Siyuan Chen

Siyuan CHEN

No abstract provided.

Killing New Vistas With The Over-Regulation Of Recreational 'Drone' Use, Siyuan Chen

Siyuan CHEN

In the last few years, there has been a dramatic increase in the use of remote-controlled copters – often given the convenient but misleading epithets of unmanned aerial vehicles or “drones” – by recreational users to capture aerial photographs and videos on an unprecedented scale. Asia is no exception. The convergence of cutting-edge technological developments in gyroscopic gimbals, long-range wireless transmissions, GPS-enabled stabilisation, GPS-enabled flightpath-preprogramming, first-person-views, and compact digital imaging has led to the proliferation of affordable camera-carrying “drones” that even hobbyists can pilot with reasonable safety. Thus far, despite purported controversies there have not been any reports of serious …

An Overview Of The Impending Changes In The Family Justice Landscape, Siyuan Chen

Siyuan CHEN

Singapore’s family justice landscape is set to witness a sea-change when the key features of the new Family Justice Act, as well as recommendations from the Committee for Family Justice (chaired by the Senior Minister of State for Law and Education, Justice VK Rajah, and Justice Andrew Phang), materialise in the months ahead.

'In The Interests Of Justice' As The New Test To Exclude Relevant Evidence In Singapore: Anb V Anc [2014] Sghc 172; Wan Lai Ting V Kea Kah Kim [2014] Sghc 180, Siyuan Chen

Siyuan CHEN

In 2012, Singapore’s venerable Evidence Act (EA), which is based on Stephen’s Indian Evidence Act of 1872, underwent major amendments for only the third time in 120 years. Previously, conflicting case law had created long-standing confusion as to whether the Singapore courts possessed any discretion to exclude evidence even when was found relevant under the EA. The main reason driving this jurisprudential inconsistency was that while the relevancy provisions in the EA were meant to provide exhaustive definitions of admissibility, Stephen’s then-revolutionary ‘inclusionary’ approach to relevance was simply at odds with modern conceptions of relevance and modern litigation practice. Thus, …

A Preliminary Survey Of The Right To Presumption Of Innocence In Singapore, Siyuan Chen

Siyuan CHEN

The right to presumption of innocence is said to exist in almost all criminal justice systems, including Singapore. Curiously, however, no Singapore case has ever attempted to establish the exact source and contours of this longstanding right. This is unsatisfactory, as this diminishes the meaningfulness of what is supposed to be a fundamental right in the criminal justice process. The primary aim of this article is thus to conduct a preliminary survey of the law on the presumption of innocence in Singapore. It begins by proposing the Woolmington conception as a workable starting point, but posits a guiding principle to …

Amendment Of The Abortion Law: Relevant Data And Judicial Opinion

John Noonan

No abstract provided.