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11.
美国联邦宪法第四修正案的证据排除规则是一项饱受争议的排除规则,曾经历过从严格适用到不断受限的发展过程,赫灵案的判决进一步削弱了该规则的基础。在未来,对该规则进行限制在相当长的时期内仍是一种主流趋势,其例外规则的适用范围将进一步得到扩张,而该规则本身的适用范围也将被进一步缩小。中国目前初步建立起了非法证据排除规则.在具体... 相似文献
12.
(Non‐)Enforcement of Directors’ Duties in Corporate Groups: Goh Chan Peng v Beyonics Technology Ltd
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Alan K. Koh 《The Modern law review》2018,81(4):673-688
Corporate groups, a ubiquitous feature of modern business, pose formidable challenges for common law courts relying on traditional corporate law doctrine. Arising out of a corporate group's recent bid to recover millions of dollars in lost profits from a former director and CEO who had diverted a core business, Goh Chan Peng v Beyonics Technology Ltd raised thorny issues of separate legal entity doctrine, single economic unit theory, and reflective loss shared by common law legal systems. Despite finding that the defendant had breached his duties to the ultimate holding company, the Singapore Court of Appeal absolved the faithless director from most of his liabilities, relying on limited domestic precedent to the exclusion of a rich body of Commonwealth jurisprudence – including the House of Lords’ landmark Johnson v Gore Wood decision. This note explores the paths not taken by the court, and highlights the pitfalls of a narrow, autochthonous approach to problems of common law doctrine. 相似文献
13.
Rebecca Zahn 《The Modern law review》2013,76(6):1106-1119
If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the elective theory) or whether the former's breach operates to bring the contract of employment to an end (the automatic theory). The recent decision of the Supreme Court in Société Générale (London Branch) v Geys has finally resolved this question. By a majority, the Supreme Court held that the elective theory also applies in the context of a wrongful repudiation of the employment contract by express dismissal or resignation. This note examines the significance of Geys in the context of the common law of the contract of employment and evaluates whether a number of related issues surrounding the breach and termination of the employment contract have been resolved. 相似文献
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SONG Jie 《浙江省政法管理干部学院学报》2017,31(2):58-69
On29September2016,theCourtoftheAppealoftheRepublicofSingaporeissuedthejudgmentconcerningSanumInvestmentLimitedv.TheGovernmentoftheLaoPeople’sDemocraticRepublic.Inthisjudgment,theCourtdeclaredthatthePRC-LaosBITwasapplicabletoMacauSAR.However,thejudgmentmadebytheCourtiswrongandthustriggeredaseriesofridiculousconclusionsbecauseofthewrongfulinterpretationonArticle31ofthe1969ViennaConventionontheLawofTreaties,thewrongfulidentificationonthenatureofthecustomsinternationalruleforthe“movingtreatyfrontier”rule,andtheinappropriatestandardofproofontheissueof“otherwiseestablished”. 相似文献
16.
Elizabeth Watt 《Journal of Australian Studies》2018,42(1):34-50
In 2000, Noel Pearson drew on his experiences of growing up on the Hope Vale, the Guugu Yimidhirr–speaking community that emerged from the Cape Bedford mission in the south east of Cape York, to write a revisionist history of the region. Indigenous communities were “strong, if bruised” in the wake of colonisation, he argued, but had descended into chaos since the 1970s because alcohol and welfare benefits had undermined the formerly resilient Aboriginal norms of “responsibility”. This paper offers a critical review of this politically potent account of the past, drawing on alternative oral histories, ethnographies and ethnohistories of Hope Vale, including Pearson’s own honours thesis (1986). Without challenging this sketch of his own experience, nor the sincerity of his nostalgia for the mission of his youth, I argue that Pearson’s more recent retellings are selective. In particular, his revisionist history overlooks evidence of drug abuse in the early colonial period and overstates both Guugu Yimidhirr agency in the process of missionisation and the uniformity and representativeness of the community that developed at Cape Bedford. Finally, I offer some possible personal, philosophical and political explanations for Pearson’s shifting approach to the past. 相似文献
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This article considers whether extrinsic material should be available in interpreting registered documents when these may be contractual in nature or relate to contractual agreements. Many registers, for example the current scheme for recording land title, are intended to facilitate the reliance of third parties on their content, an objective that suggests that extrinsic material should be excluded. Such an approach, however, could itself cause unfairness and conflicts with the way that contractual documents are normally interpreted. Exploring this question leads us to consider the contextual approach to contractual interpretation generally and whether it should take account of the contemplated effects of contractual language on third parties. After concluding in the affirmative, we then ask whether this is sufficient as an approach to interpreting contractual documents entered into a register. 相似文献
18.
Jackie Lane 《The Modern law review》2013,76(1):146-157
This note discusses the limits to the defence of objective justification when applied to direct age discrimination, specifically with regard to situations where the employer attempts to rely on cost‐saving as a legitimate aim. The author examines the jurisprudence of the Court of Justice of the European Union (formerly the European Court of Justice, ECJ) on which this case relies, and considers whether the defence has been interpreted too widely, opening up the possibility of cost‐saving as a defence to discrimination on the grounds of this particular protected characteristic. The note concludes that, while cost‐saving cannot be the sole justification for less favourable treatment by employers, it may nevertheless form part of an overall legitimate aim when coupled with additional factors. 相似文献
19.
McNamara Judith; Cradduck Lucy 《International Journal of Law and Information Technology》2008,16(1):96-124
In the long history of monopolies, business method patents area novel and recent edition. In the Digital Age, where time ismoney and speed is everything, innovative methods for undertakingbusiness are as important to a business as the products or servicesit provides to its clients. In recent years several reviews,conducted in both Australia and internationally,4 have questionedthe appropriateness of patenting business methods. This paperreviews the availability of business method patents in Australiain light of the 2006 decision of the Full Court of the FederalCourt in Grant v Commissioner of Patents,5 which confirmed theneed in Australia for a useful product to issuefrom the working of a method (business or otherwise) in orderfor the method to be patentable. This paper will review argumentsboth criticising and defending business method patents and considerwhether business methods warrant special treatment. 相似文献
20.
Uglješa Grušić 《The Modern law review》2012,75(5):722-751
Traditionally, the determination of the territorial scope of the statutory rights conferred by employment legislation forming part of English law has been regarded as an issue entirely disconnected from the choice‐of‐law process. Indeed, this view formed the basis of the key decision addressing the problem of territoriality, Lawson v Serco, decided by the House of Lords in 2006. After presenting the current state of the law with regard to the territorial scope of employment legislation, this article takes a critical look at Lawson v Serco. It is argued that the ‘European’ choice‐of‐law rules must have a greater importance for determining the territorial scope of employment legislation and, consequently, that the approach pursued in Lawson v Serco is no longer correct, if it ever was, and should not be followed in the future. 相似文献