I am actually very impressed by SMU students, and I see that our students are, in a way, they have some attributes that we our faculty do not have, because they have gone through this system which we didn’t go through. So actually we don’t realise it but they’re actually quite different from us and in some area, some ways, better than us. I mean, I’m impressed by their degree of enterprise and the daring to do new things. I mean I meet some of my students during the long vacation in May, June. I talk to them after they’ve come back, and the typical student has gone to two different countries, to do attachment, to do community project, et cetera. And you know they are so plugged in to life and new things. And I’m also very impressed by the fact that many of them are considering business ventures, something that is not commonly seen in Singapore. So many of them, even fresh out of university, some before going out of university. I mean, I have a friend whose son is in the business school and he runs a limousine service. He’s got this big limousine. (some laughter) And he’s a business student in his, now I think, third year. That’s quite incredible.
My advice to SMU students is to just do more of what they’ve been doing. I also know that their university life is very hectic. You know, the typical term schedule is very tight, you got presentations, you got assignments. And some of them, the day before the assignment they don’t sleep. Alright, so it is hectic, it is stressful, but it is also very interesting to hear the response. I was just talking to a friend who’s a lawyer and he told me that the daughter is in SMU’s law school, second year. I asked, “How is it?” He said, “She says it’s very good, it’s very hectic but she loves it.” So I am quite fascinated. It’ll be good to analyse why on earth they like the SMU experience, yeah. And I believe that the education they go through in SMU is very valuable and it puts them in very good stead to survive and to excel in the world out there.
There’s an earlier logo, I think very few people know about it. You can ask around, maybe nobody remembers it. There’s an earlier logo, makeshift one for name card. It is three bars, each one with the word Singapore, Management, University. It’s in corporate blue colour. I, at that time I said, that’s the easiest thing to do. I have to try and find it somewhere. It’s the first logo for SMU, just the three, three blocks – Singapore Management University.
Now, the logo that we have now, as usual we send out for tenders. And I, if I recall, there’re about three to four tenders, people who came to present. So, and this group that finally won the tender, gave this logo that you see, but not this logo, you’ve got to take away the tangram pieces on one side; they only provided tangram pieces for one side, not the other side, so it’s harder to see half of the face, only half of the, so-called the eyes, the lips et cetera, alright, because it’s more stylish, but I remember that not many people in the meeting saw that design. Fortunately that this company that’s tendering gave an alternative design, one of the simple ones like Singapore Youth Festival, something like that, very standard in Singapore. And so they won the tender, and then in the process they swung us back to this one. But I think that the, the logo is very important. In fact I think that the logo plays quite an important part, but probably subliminal part of the success of SMU, especially amongst the young people. You just take a look at NUS logo, NTU logo, and then you look at SMU and you know what I mean. So I thought it was very smart because there’s a lion which represents Singapore, there’s the tangram pieces that represent management, and there’s the eyebrow of the lion which represents intellect, or university. So it’s a very clever design, simple, but quite profound. In fact after the presentation I told the group, I said, “It’s excellent.” I said, “I don’t know whether you’ll win,” but I said, “It’s excellent,” yeah. So, yeah I think the logo is extremely good, and plays some part in helping students to identify and feel that they belong.
As much as you expect and desire the students to be quick minded and spontaneous the faculty themselves must be so. Yeah, so I think that definitely when someone joins SMU to teach at SMU he or she must be prepared to change. I would say that you must be very confident, you must not be camera shy and just take the questions as they come. So if you’re spontaneous about it, it makes the class learning much more interesting, and that’s important, yeah.
I think that by and large and I don’t think it has changed over the years, I found that the students who come to SMU actually are quite enthusiastic and they’re prepared to speak up in class. So, I’ve always found SMU students to be engaging. I like teaching students at SMU, the atmosphere’s lively, et cetera. But of course much depends on the instructor in making the subject come alive and yeah, it’s not that easy. But by and large SMU has excellent teachers. In general at SMU the teaching rating is four out of five, and that’s extremely high, because three is the average. I mean, in the scale of one to five three is average so four is very good, you know. So I think we have managed to get very good teachers or at least, you know, help teachers to become very good.
Recruiting students again you’ve got to give the talk. We had to go to junior colleges to talk, alright, and that’s quite challenging. So again you got to tell these prospective students what it is about SMU law which would be better than NUS law, or different, at least. And again that was not easy, because, you know, NUS was in existence for 50 years, you know, so we are new, we’re totally new so, yeah, so we have to explain the distinctive. And the distinctives would be the holistic curriculum, because there’s this significant portion of non-law which we believe is actually very important. And indeed it is, it is because when you graduate and go out and practise, you find that the learning curve is very steep. You’re trying to advise your client on a particular thing, let’s a say a financial transaction. To properly structure it and document it you’ve to understand the financial structure. So we were very sure that the context of law was very important. Yeah and that was one of the attractions of our programme. We also included compulsory law courses which NUS did not have as compulsory, but which we thought were important to give a law graduate the skills and knowledge to excel in practice.
Some unusual courses would be that we have this course called, Economic Analysis of Law. This is something that was first started, I think, by the Chicago Law School. Right, so that was unusual. One reason why I included that was that I had the privilege to meet up with this gentleman called Gerhard Casper. He was President Emeritus of Stanford. He was also before that the dean of Chicago Law School. So we met him because he was part of the QAFU team, Quality Assurance for Universities. So I had a chat with him. A brilliant man, really brilliant man. He suggested that is one course that we should have. So we have that course.
We have another course called Commercial Conflict of Laws. Conflict of Laws is about how in an international environment the laws of many countries come into play. And Singapore is so international in its transactions, you know, and this area of law, which is very difficult area of law, keeps cropping up and it becomes more and more important. So we decided to make that compulsory as well. And there were another, two or three other courses. So apart from being holistic we had these core law courses which we thought were critical for cultivating very good lawyers.
Actually we just worked on our own. And you just reminded me of something. When we were planning our curriculum we came up with certain distinctives, distinctive features of our curriculum. And interestingly enough, a few weeks later, Harvard Law School, the Harvard Law School, announced changes to the curriculum. And they came up with three changes. Two of them were what we had included, and third one we were considering. So I thought it’s not bad, that on our own effort we came up with a programme which included things that number one in US also thought were important.
Basically on the legal side of it you need to incorporate an institution or organisation, a bit like when you’re doing a business, you know. So you got to get that set up, you got to get your internal constitutional documents done, which is, they call the memorandum and articles. Alright, that is on documentation side. More important is the legal side, it’s whether the government is happy with the model that you’re proposing. So they had to be comfortable with this model of having a so-called private university with some governmental representation but not control. So that’s the tricky part, and so you have to decide the composition of board of trustees, who appoints how many et cetera, the degree to which they have freedom, things like that. Because the government is investing so much money in this it had to be satisfied that this will work and this will be desirable, in that the way it works will be desirable. So you have to put in place a structure that was satisfactory to the government.
In our case the act did not incorporate SMU. In the case of NUS and NTU and all public bodies there’s an act which brings it to pass. So it’s called a statutory corporation. SMU was not such an institution. SMU was a company that was incorporated under the Companies Act. The SMU Act simply recognises SMU and gave it the right to award degrees. Whereas in the case of NUS and NTU the act brought the university into being. So SMU was not brought into being by a statute, SMU was registered as a company, in the Companies Act. And then the act, the SMU Act was to give SMU the power to award degrees. That’s different from the previous model, yeah.
Alright. In keeping with SMU philosophy of having internships, I think as a preparation for work, SMU law students also have to go for internships. So they typically spend a period of time either with a law firm or as, with the legal department of a company, or even with the legal service, such as the courts, et cetera. So during this period of time they just get exposure to law. And the internship has been very valuable. From time to time when I meet lawyers I ask them, “So how do you find SMU students?” So actually I’ve got very good reports from them. They find our students to be very responsive, responsible. Yeah, so it is very valuable thing.
I just want to add something about the SMU programme. That one of the things that we made compulsory was the study mission, so every law student goes through a study mission. I mean, I think that study mission’s a very valuable experience for SMU students, alright. You go to another country, you visit companies, listen to what the people from the profession industry, the government, and you do some project and report on something. So, we thought that the study mission is, was a very good thing. So that is one of the compulsory aspects of SMU’s law programme.
We were asked to send in a proposal in October ’05, we sent a proposal in November ’05. And in July ’06 we were given in-principle approval. And in January ’07 it was announced that SMU would start a law school. And in August we began with our first batch. So it’s pretty fast, so from the time we’re asked to send in a proposal we sent it in, in a month. And about six months later, seven months later we were given in-principle approval. And another six months later it was finalised, yeah. And it was a very hectic period, very.
When we were thinking about how to do the proposal, we had to come up with arguments which were compelling. So, as I recall it, we said that SMU should be permitted to start a law school for three reasons. First of all for diversity, alright, because we want to provide a different kind of university education. Secondly, for competition’s sake, because it’s not good to have a monopoly. And that argument was quite attractive because Singapore had not long before that, instituted the Competition Act, right. So it’s in keeping with the flavour of the time. And the third reason I gave was that it’s part of a national progression of the development of SMU. So these were the three reasons given, right.
And on diversity, you know, the idea was again to give holistic education. In NUS the law programme is very specialised, it’s almost all, completely law that you study. We were proposing something pretty different. We actually proposed as much as 40 percent non-law; the final model accepted was 30 percent non-law, yeah. So in terms of diversity we wanted some different approach to legal education. Yeah, so, diversity, competition and natural development. I told my colleagues, I say, if I look at it the proposal is compelling enough, but whether we’ll get it or not, it’s about 50-50, yeah.
I think that the first time this emerged was when we had a visitor by the name of Howard Hunter. Yeah, who became SMU’s third president. So he had visited us in the early days. And I think he proposed a law school for SMU.
That’s because law is a discipline with so much substance, so many areas of specialisation, et cetera. So if you want to study law there’s a lot that can, needs to be studied. So at NUS for example law was a four year programme. Yeah, so if you wanted to have a law degree you definitely needed a separate law school.
In the first place the authorities must agree that you can start a law school. And typically if there was some attempt to start a law school, then the argument would be that, no, NUS law faculty is good enough. Alright. And in fact when we were proposing a law school the third time round, I say third time because I believe there was a second time where Andrew Pang who was then chair of law department proposed a law school, alright.
I think the first one was by Howard Hunter, second one was Andrew Pang, and the third one was when I was department chair and I was asked to put a proposal. So, in a way, third time lucky I guess. So that was the third time we had proposed.
Basically the seven ‘I’s came about because we were preparing to go out to give talks to prospective students, to junior colleges, et cetera. And I just thought that it’d be convenient to come up with something uniform, I mean. So we came up with seven ‘I’s. And the ‘I’s were, if I try to recall, one is international, alright, to tell the student that the environment that you’re going to work in is very international, so your education has to give you some global perspective. Secondly, second ‘I’ is interdisciplinary, and your understanding of the world must be holistic, you must see how one area affects the other. So like in a company a CEO he has to know all aspects. He’s got directors, department heads in about seven to ten areas and he must understand each of these. So university education that prepares one for the working world must be interdisciplinary. Alright, so that’s the second ‘I’. Another ‘I’ is IT savvy. This one everyone knows, computer, everything. You must know how to use a computer and the technological aids that are available out there, so that’s another ‘I’. I think another ‘I’ was integrity. We think integrity’s important, because the value of a person lies primarily in integrity, and we hope somehow to inculcate that within our students. And then another ‘I’ was interpersonal relations, the ability to work, relate well. EQ skills, alright, EQ skills developed through team work, through, we in fact have the core, a course called Leadership and Team Building within our core program. So that was another ‘I’. And there were a few more, it came up to about seven, yeah. I thought it was a neat way of capturing some of the important aspects of university education. So we went out there with seven ‘I’s to, for the students, and also explained how each of these ‘I’s were being accomplished through the programme that we had for them.
Yes. There were ‘CIRCLE’ values which we discussed and before that were the other values that, the talent and friend things. We were discussing the corporate philosophy on students and staff. So, the earlier version used was the acronym of ‘FRIEND’ for a student. So ‘FRIEND’ is one focus we want the students to know what they want to accomplish in the university and in life. And responsible in the work, family, et cetera. To be intellectual, to cultivate that thinking ability. To be entrepreneurial, creative, enterprising. To be noble, to have values of integrity, honour, virtue. And to be dynamic, to adapt to and manage change. So ‘FRIEND’ was one possibility. Another alternative was ‘FAMILY’. ‘FAMILY’ stands for friend, ambassador, manager, innovator, learner, youth. Alright, so that was another. So for students we, in the early days we used this values that the student as a friend. And in fact in our offer letters to faculty we told them that students are friends and as faculty you are ‘TALENT’. ‘TALENT’ stands for teacher, academic, leader, expert, natural and team player. So this was what we came up with after brainstorming. I brainstormed with Yang Hoong, Kwong Sin and Kai Chong. So we came up with ‘FRIEND’ and ‘TALENT’.
I think the intention was that this university would have a high degree of autonomy, and therefore would be free to decide how things should be done. An important aspect of this whole SMU project was that Dr. Tony Tan wanted SMU to be an experiment to try new things, which if successful, would be applied to NUS and NTU. And so one aspect of this was having a private university. So, SMU was not incorporated by statute, although there’s an SMU act. The Act simply describes some of the things that SMU does and gives SMU the right to confer degrees. But SMU was started by incorporating a company limited by guarantee. Alright, so, and in that format there’re two trusted individuals who are the subscribers or the, members of the company. And then it’s supposed to be run more like a company, having a board of directors, except we call it board of trustees. Alright. In comparison in NUS and NTU the advisory board, or whatever name they want to use for that body, is just supervisory and it doesn’t meet that often. In contrast at SMU the board of trustees meets once a year for almost a full day, and then there’s also sub-committees which meet about, twice a year or so. Therefore the involvement of the board of trustees is much more significant in this new model.
I would also add that we were modelled largely upon Wharton, and therefore there’s a deliberate intention to move away from the traditional role model which is the British model, towards the American model. Alright, so, that was quite a switch in many ways. If I were to, you know, deviate a little bit, for example, this whole process of hiring faculty. In the old system, the dean or the head of department more or less decides. In the American system it’s very different because the shortlisted applicants have to come for a job talk and present to the existing faculty. The existing faculty get to give their feedback and vote on it et cetera. So, the American model is much more collegiate whereas in the British model, the appointment holder has quite a lot of power, yeah. So, one thing to do was to do something private, another thing was to do something different, which is American. And American in several ways, one, the curriculum is supposed to be broad-based, not so specialist. Secondly, the pedagogy is supposed to be interactive, not lecture tutorials. And thirdly, the whole method of governance, university governance, is very different in the American model as compared to the British model.
Professor Low Kee Yang joined the start-up team for SMU in 1998; one of his responsibilities was supervising legal matters. He served as deputy dean of the business school from 1999 to 2002 and chaired the organising committee for the Lee Kuan Yew Global Business Plan Competition (2001–2004). Since 2003 he has served as disciplinary appellate officer, deciding on the appeals of findings and sanctions made by the disciplinary hearing panel. In 2005, he chaired the department of law and the law school task force. He was interim dean of the SMU School of Law from 2006 to 2007. He also served as deputy dean from August to November 2007.
He is currently an associate professor with the School of Law, teaching in the undergraduate and postgraduate programmes and serving as director of the School of Law's master of laws programme. His areas of interest and expertise are tort law, financial advisers’ law, law of guarantees, corporate law and commercial law.
Prior to joining academia, he worked as a legal manager in the Singapore office of British law firm Freshfields. He was founding editor of the Asia Business Law Review and head of the Division of Business Law at Nanyang Technological University.
Professor Low is the author of several books on law, including The Law of Guarantees in Singapore & Malaysia and The Executive's Guide to Business & the Law (co-authored). He is also the editor of five law books. Professor Low is a member of several Singapore Academy of Law committees.
Low Kee Yang obtained his undergraduate degree from the National University of Singapore and his master of law and PhD from King's College, University of London, UK.