Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (10)
- SelectedWorks (6)
- University of Georgia School of Law (6)
- University of Rhode Island (5)
- University of Denver (4)
-
- Maurer School of Law: Indiana University (3)
- Pace University (3)
- University of Michigan Law School (3)
- Seattle University School of Law (2)
- BLR (1)
- Bard College (1)
- Case Western Reserve University School of Law (1)
- Cedarville University (1)
- Columbia Law School (1)
- Pepperdine University (1)
- Sacred Heart University (1)
- Schulich School of Law, Dalhousie University (1)
- Trinity College (1)
- University of Colorado Law School (1)
- University of Connecticut (1)
- University of Pennsylvania Carey Law School (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Dignity: A Journal of Analysis of Exploitation and Violence (5)
- Georgia Journal of International & Comparative Law (5)
- Human Rights & Human Welfare (4)
- Shubhankar Dam (4)
- Articles by Maurer Faculty (3)
-
- Dr. Saumya Uma (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Michigan Journal of International Law (2)
- Seattle University Law Review (2)
- All Faculty Scholarship (1)
- Columbia Center on Sustainable Investment Staff Publications (1)
- English Faculty Publications (1)
- ExpressO (1)
- Hezi Margalit (1)
- Honors Scholar Theses (1)
- LLM Theses (1)
- LLM Theses and Essays (1)
- Michele Faioli (1)
- Michigan Journal of Gender & Law (1)
- Nehal A. Patel (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Saumya Uma (1)
- Senior Projects Spring 2015 (1)
- Senior Theses and Projects (1)
- Societies Without Borders (1)
- Subhajit Basu (1)
- Surabhi Chopra Prof. (1)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (1)
- The Research and Scholarship Symposium (2013-2019) (1)
- Vanessa L. De Niro (1)
- Publication Type
- File Type
Articles 1 - 30 of 55
Full-Text Articles in Law
Is A Duty To Pay Tax Inherent In Affirmations Of Human Rights?, Jonathan M. Barrett
Is A Duty To Pay Tax Inherent In Affirmations Of Human Rights?, Jonathan M. Barrett
Washington and Lee Journal of Civil Rights and Social Justice
The United Nations’ Universal Declaration of Human Rights 1948 (the Universal Declaration), as the preeminent statement of human rights, informs numerous cognate covenants and declarations of rights, and charters of rights included in national constitutions. Unlike the rights declarations of the Enlightenment, the Universal Declaration affirms broad welfare rights, in addition to civil and political rights. No right or set of rights is superior to another; they are indivisible, interdependent and interrelated.
Declarations of rights may also include duties. The Organization of American States’ American Declaration of the Rights and Duties of Man 1948 (“the American Declaration”), for example, includes …
Confronting State Violence: Lessons From India's Farmer Protests, Smita Narula
Confronting State Violence: Lessons From India's Farmer Protests, Smita Narula
Elisabeth Haub School of Law Faculty Publications
In December 2021, following a year of sustained mass protests, farmers in India forced the repeal of three controversial Farm Laws that attempted to deregulate India’s agricultural sector in service of corporate interests. Farmers feared that the laws would dismantle price supports for key crops, jeopardize their livelihoods, and facilitate a corporate takeover of India’s agrarian economy. This Article situates India’s historic farmer protests in the context of the country’s longstanding agrarian crisis and the corporate capture of agriculture worldwide. I argue that the protests arose in response not only to the Farm Laws, but also to decades of state-sponsored …
Minds Circumscribed By Fear. A Review Of Garrisoned Minds: Women And Armed Conflicts In South Asia, Edited By Lazmi Murthy And Mitu Varma, Kushal Srivastava
Minds Circumscribed By Fear. A Review Of Garrisoned Minds: Women And Armed Conflicts In South Asia, Edited By Lazmi Murthy And Mitu Varma, Kushal Srivastava
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
‘They Did Not Have To Burn My Sister Alive’: Causes And Distribution By State Of Dowry Murder In India, Peter Mayer
‘They Did Not Have To Burn My Sister Alive’: Causes And Distribution By State Of Dowry Murder In India, Peter Mayer
Dignity: A Journal of Analysis of Exploitation and Violence
Dowry, the money, goods, property, or gifts given by the bride’s family to the groom or his family at the time of marriage, is a common custom in South Asia. Although it is illegal to demand—or offer—a dowry in India, it is a nearly universal custom in many parts of the country. If, after marriage, a husband’s family feels that the wife’s dowry was insufficient, they may harass or inflict other forms of domestic violence on her to put pressure on her family to provide an additional dowry. At its most extreme, this violence may lead to the murder of …
Section Ii: Gender-Based Violence And The Law, Gavin Patrick Gray, Nidhi Shrivastava, Deepesh Nirmaldas Dayal
Section Ii: Gender-Based Violence And The Law, Gavin Patrick Gray, Nidhi Shrivastava, Deepesh Nirmaldas Dayal
English Faculty Publications
This chapter is a transcript of an open-ended discussion that occurred between the authors when they met to discuss the subject matter of the second section of the book, which focuses on the effectiveness of legal responses to gendered violence. As with the previous introductory dialogue, the discussion takes place after preliminary drafts had been completed, and the authors share their thoughts on the subjects they will each discuss in more detail in the following chapters. These include the impact of cultural and gender bias within the Indian legal system, the insufficient impact of long-overdue reforms in Japan's sexual violence …
Bargaining Justice: Negotiating Law In An Indian Bazaar, Andy Rotman
Bargaining Justice: Negotiating Law In An Indian Bazaar, Andy Rotman
Seattle University Law Review
This Symposium Article details the bazaars in the city of Banaras and explains why it is an especially good test case for considering the topic at hand: Corporate Capitalism and the City of God. The article explores how Banaras challenges normative views of “corporate capitalism,” both in terms of how it is practiced in the city and the rules that govern it. It further focuses on the legal system that is mobilized to guide commercial exchange and daily life in the bazaars of Banaras, this legal system’s relationship to the city’s courts and police, and the relationship between these two …
Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar
Acid Attacks In India: A Socio-Legal Report, Vidhik Kumar
Dignity: A Journal of Analysis of Exploitation and Violence
India has the highest number of acid attacks globally every year, and despite the actions taken by the Indian Government and the Supreme Court of India, the crime is on the rise. This increase can be attributed to the patriarchal ideology that is prevalent in India and to India’s inadequate legal system, which does not deliver efficient remedies to the victims. This article will discuss the prevalence of acid attacks in India, motives behind the attacks, consequences on victims, and shortcomings in measures adopted to prevent the crime and provide justice to victims.
Survivor: An Analysis Of The Term From India, Pravin Patkar
Survivor: An Analysis Of The Term From India, Pravin Patkar
Dignity: A Journal of Analysis of Exploitation and Violence
This article discusses the need for greater conceptual clarity of the term survivor. It raises questions about the propriety of the term to refer to the victims of sex trafficking. It points out that in the Indian context, the term victim is legally and operationally defined. It cautions against the hasty incorporation of the term survivor into public policies addressing the trafficked victims' problems. Different social platforms use the term survivor differently, and the difference is not nominal. The use of the term survivor is both casual as well as intentional. The term survivor trivializes the exploitation and makes invisible …
Institution Of Dowry In India: A Theoretical Inquiry, Suparna Soni Phd
Institution Of Dowry In India: A Theoretical Inquiry, Suparna Soni Phd
Societies Without Borders
Originally conceived as a voluntary marriage gift, dowry has developed into an obligatory payment by the bride’s family to the groom’s family. Moreover, the institution of dowry has persisted even in the face of legal prohibition. Though women substantially contribute to the economic wellbeing of a family, the legitimization of dowry typically reflects the cultural bias of the marriage market, in which a woman’s value is either discounted or taken for granted. Ironically, existing studies also tend to implicitly accept this prevailing cultural bias of the marriage market. The existing literature can be categorized into two groups. While some studies …
The Permanent Liminality Of Pakistan's Northern Areas- The Case Of Gilgit-Baltistan, Hamna Tariq
The Permanent Liminality Of Pakistan's Northern Areas- The Case Of Gilgit-Baltistan, Hamna Tariq
Senior Theses and Projects
Since Pakistan’s inception, Gilgit-Baltistan, a sprawling region in Northern Pakistan, has not been granted provincial status due to its colonial association with the disputed region of Kashmir. Gilgit-Baltistan refutes its forceful integration with Kashmir, an unfortunate remnant of British divide-and-rule strategy, and demands provincial recognition and constitutional rights. Pakistan unfairly claims that it awaits the UN-sanctioned plebiscite in Kashmir to determine the region’s status. However, the likelihood of a plebiscite is little to none, since the Indian government officially annexed Indian-held Kashmir in August 2019, breaching the UN resolution on the plebiscite. A region that has been at the mercy …
Protecting Women's Rights? Prospects Under The Un Human Rights Treaty System: A Case Study On India 2005-2017, Deepali
LLM Theses
The establishment of the United Nations Treaty System was the fundamental step for the protection and enforcement of women’s rights. The system is designed to monitor the human rights standards in countries that have ratified the treaties, called state parties. However, the system is facing several challenges that have compromised its effective working for the protection and enforcement of women’s rights. The thesis seeks to explain the challenges to the effective working of the system, that is, why the system does not work as designed in protecting women’s rights against three specific issues: domestic violence, sexual trafficking, and reproductive rights. …
India’S Revised Model Bit: Two Steps Forward, One Step Back?, Jesse Coleman, Kanika Gupta
India’S Revised Model Bit: Two Steps Forward, One Step Back?, Jesse Coleman, Kanika Gupta
Columbia Center on Sustainable Investment Staff Publications
In December 2015, the Indian government approved the final text of its revised model bilateral investment treaty (BIT). Shortly thereafter, in February 2016, India published a joint interpretative statement to clarify its understanding of certain treaty provisions found in existing Indian treaties. These recent developments in Indian investment treaty policy are products of a multi-year review process ,prompted at least in part by the 2011 finding against India in the White Industries claim - the first such known finding against the state – and by several notices of dispute received following the determination in that case.
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …
Child Brides, Brydon Koch, Alexis Steffanni, Carly Catalanello, Michelle Gamberdella
Child Brides, Brydon Koch, Alexis Steffanni, Carly Catalanello, Michelle Gamberdella
The Research and Scholarship Symposium (2013-2019)
The goal of this presentation is to take a look into the human rights violation of child marriage happening in countries all over the world. For the purpose of this presentation, we will focus on four countries where child marriages are extremely prevalent: India, Niger, Bangladesh, and Yemen. First, we will begin with a brief history and background of child brides and statistics related to this population. Second, we will discuss the four countries (as stated above) where this is a major problem, and why the rates of child brides are especially high within each country. Third, we will consider …
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
The Role Of Personal Laws In Creating A “Second Sex”, Rangita De Silva De Alwis, Indira Jaising
All Faculty Scholarship
The cultural construction of gender determines the role of women and girls within the family in many societies. Gendered notions of power in the family are often shrouded in religion and custom and find their deepest expression in Personal Laws. This essay examines the international law framework as it relates to personal laws and the commonality of narratives of litigators and plaintiffs in the cases from the three different personal law systems in India.
Declarations Of Unconstitutionality In India And The U.K.: Comparing The Space For Political Response, Chintan Chandrachud
Declarations Of Unconstitutionality In India And The U.K.: Comparing The Space For Political Response, Chintan Chandrachud
Georgia Journal of International & Comparative Law
No abstract provided.
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
Hezi Margalit
In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known …
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.
Dealing With Dangerous Women: Sexual Assault Under Cover Of National Security Laws In India, Surabhi Chopra Prof.
Surabhi Chopra Prof.
DEALING WITH DANGEROUS WOMEN: SEXUAL ASSAULT UNDER COVER OF NATIONAL SECURITY LAWS IN INDIA
This article examines violence against women suspected of being security threats in India’s internal conflict zones, one of the very few scholarly works to do so.
I focus on two cases in particular. In 2004, Thangjam Manorama was arrested by paramilitaries on suspicion of belonging to a violent separatist group, and found raped and murdered several hours later. I look at her family’s attempts to hold the armed forces accountable for her death. I also look at the ongoing criminal prosecution of Soni Sori, an indigenous …
State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box, H. Scott Fairley
State Actors, Humanitarian Intervention And International Law: Reopening Pandora's Box, H. Scott Fairley
Georgia Journal of International & Comparative Law
No abstract provided.
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Honors Scholar Theses
In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …
Internal Colonialism And Humanitarian Intervention, M. Sornarajah
Internal Colonialism And Humanitarian Intervention, M. Sornarajah
Georgia Journal of International & Comparative Law
No abstract provided.
India And Its Northeast Exception: From Frontier To Forefront, Akshita Manjari Bhanjdeo
India And Its Northeast Exception: From Frontier To Forefront, Akshita Manjari Bhanjdeo
Senior Projects Spring 2015
Senior Project submitted to The Division of Social Studies of Bard College.
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
Georgia Journal of International & Comparative Law
No abstract provided.
Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose
Do All Roads Lead To Islamic Radicalism? A Comparison Of Islamic Laws In India And Nigeria, Amitabha Bose
Georgia Journal of International & Comparative Law
No abstract provided.
India: Supreme Court Recriminalises "Carnal Intercourse Against The Order Of Nature", Shubhankar Dam
India: Supreme Court Recriminalises "Carnal Intercourse Against The Order Of Nature", Shubhankar Dam
Shubhankar Dam
Expert Seminar The Employment Relationship Beyond Eu And Across National Borders - Challenges And Responses Tuesday 11 March 2014, 09.15-16.00, Michele Faioli
Expert Seminar The Employment Relationship Beyond Eu And Across National Borders - Challenges And Responses Tuesday 11 March 2014, 09.15-16.00, Michele Faioli
Michele Faioli
No abstract provided.
The Constitutional Right To Education In India: Horizontal Dimensions, Shubhankar Dam
The Constitutional Right To Education In India: Horizontal Dimensions, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani
Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani
Pepperdine Dispute Resolution Law Journal
This article is an attempt to answer the question of why the practice of bride-burning continues and propose alternative ways to not only look at the problem, but also to define workable solutions. It is only via a thorough conflict analysis of this complex issue that the world might rein in a problem that is clearly out of control in this day and age. Section II examines the origins of bride-burning, its continued practice, and societal ramifications. Section III analyzes some of the current and proposed efforts in place for banning bride-burning and punishing those who illegally engage in this …
Education, Labor Rights, And Incentives: Contract Teacher Cases In The Indian Courts, Varun Gauri, Nick Robinson
Education, Labor Rights, And Incentives: Contract Teacher Cases In The Indian Courts, Varun Gauri, Nick Robinson
Varun Gauri
Since the liberalization of India\'s economy beginning in the early 1990\'s, the government has increasingly employed contract workers to perform various state functions, including in the education sector. Yet, little research has been done to examine how courts have reacted to this shift in government labor policy. This paper looks at all reported cases involving contract teachers in the Indian Supreme Court and four High Courts over the last thirty years. It finds that although almost never explicitly overturning precedent, the judiciary in India has increasingly become less sympathetic to contract teachers demands, particularly at the Supreme Court level. The …