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Full-Text Articles in Law

Fear Of Love And Loving In India, Sarasu Esther Thomas Apr 2024

Fear Of Love And Loving In India, Sarasu Esther Thomas

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Excerpt:

It is unthinkable that marriages and live-in relationships between adults should become so regimented by the State. This is a violation of constitutional and human rights to have adult agency appropriated by the state and non-state actors. This insidious creeping of the paternalistic State into romantic and intimate relationships of consenting adults does not show any signs of ebbing. It reflects increased polarisation and merges moral policing with the law.


The Role Of A Judge In An Electoral Autocracy, Aparna Chandra Apr 2024

The Role Of A Judge In An Electoral Autocracy, Aparna Chandra

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In a year where 64 countries are holding elections, courts around the world must engage with a range of questions around electoral integrity and dysfunction, i.e., with the judicialization of electoral processes. How should democratically inclined judges respond to attempts by incumbent autocrats at leveraging laws to hold on to power?


Mapping Land Ownership As Part Of The Caste Census Could Uncover Key Patterns About Power, Resources, Sudheesh Rc Feb 2024

Mapping Land Ownership As Part Of The Caste Census Could Uncover Key Patterns About Power, Resources, Sudheesh Rc

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Extract:

Land remains the most important asset for Indians, but at the same time, ownership is highly skewed by caste.... Caste censuses can reveal crucial patterns in how power in India is enmeshed in land. Most importantly, the caste census has the potential to bring land reform back to political agendas.


Govt Publications Must Give Credit Where Due, Aparajita Lath Feb 2024

Govt Publications Must Give Credit Where Due, Aparajita Lath

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Extract:

...[The] concept of moral rights applies not only to highly creative works of art or fiction but also to any original work, including original policy and academic writing, whether legal, economic, political, or any other. This concept of moral rights applies not only to highly creative works of art or fiction but also to any original work, including original policy and academic writing, whether legal, economic, political, or any other. In the recent past, several government bodies have borrowed from research published by individuals in newspapers in their reports and policy decisions.... While the government has benefited from individual …


Uttarakhand Ucc Pits Vulnerable Young Couples Against The Might Of The State, Sarasu Esther Thomas Feb 2024

Uttarakhand Ucc Pits Vulnerable Young Couples Against The Might Of The State, Sarasu Esther Thomas

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On 7 February 2024, the Uttarakhand Assembly passed the Uniform Civil Code (UCC) Bill. In this article, Prof. (Dr.) Sarasu Esther Thomas unpacks its provisions along with their legal and social implications.


The Bharatiya Sakshya Bill, 2023: A New And Unimproved Evidence Act, Kunal Ambasta Nov 2023

The Bharatiya Sakshya Bill, 2023: A New And Unimproved Evidence Act, Kunal Ambasta

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The secrecy in drafting the bill to replace the Evidence Act is reminiscent of colonial legislation by committee. The lack of consultation has meant that the interpretative confusions in existing law remain unresolved.


Either The Law Will Govern Ai, Or Ai Will Govern The Law, Margaret Hu Nov 2023

Either The Law Will Govern Ai, Or Ai Will Govern The Law, Margaret Hu

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No abstract provided.


Biden's Executive Order Puts Civil Rights Rights In The Middle Of The Ai Regulation Discussion, Margaret Hu Nov 2023

Biden's Executive Order Puts Civil Rights Rights In The Middle Of The Ai Regulation Discussion, Margaret Hu

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No abstract provided.


Ai And The Issue Of Human-Centricity In Copyright Law, Arul George Scaria Nov 2023

Ai And The Issue Of Human-Centricity In Copyright Law, Arul George Scaria

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This article urges Indian policymakers and courts to be cautious in extending existing IP protections to work generated by Artificial Intelligence. Reflecting on the concept of human-centricity in copyright law, it draws upon a recent US District Court judgement in Stephen Thaler v. Shira Perlmutter, which deals with the question of whether a work autonomously generated by AI should be copyrightable. It goes on to examine the Indian copyright regime in light of changing attitudes to AI regulation across the world.


Same-Sex Marriage Judgment Asks Queer Citizens To Wait For True Equality At A Future Time That May Never Arrive, Kunal Ambasta Oct 2023

Same-Sex Marriage Judgment Asks Queer Citizens To Wait For True Equality At A Future Time That May Never Arrive, Kunal Ambasta

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Excerpt:

"For about the last 15 years, the queer rights movement has enriched the constitutional law of this country. Some of the most cherished constitutional values and rights have been fleshed out with the movement as its springboards at the Supreme Court.... The Court fully acknowledges, in abstract, the rights of queer couples to equal treatment before the law, dignity, and of the numerous tangible and intangible benefits of the institution of marriage, but refuses to ensure any of these rights to a clear case of legal discrimination or to craft a suitable remedy."


Marriage Equality Judgment: The Missing Case Of International Covenants, Nanditta Batra, Naveen Batra Oct 2023

Marriage Equality Judgment: The Missing Case Of International Covenants, Nanditta Batra, Naveen Batra

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This article analyses the judgement on marriage equality delivered by a five-judge Constitution Bench of the Supreme Court of India on 17 October 2o23. The authors argue that, in holding that there is no fundamental right to marry under the Indian Constitution, the court has not taken into account binding international human rights treatises that categorically state the right to marry as a human right.


What Would Happen To All Of The Prior Chevron Cases In A Non-Chevron World?, Aaron-Andrew P. Bruhl Oct 2023

What Would Happen To All Of The Prior Chevron Cases In A Non-Chevron World?, Aaron-Andrew P. Bruhl

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No abstract provided.


Does Today's India Need 'Decolonisation' Speak?, Salmoli Choudhuri, Moiz Tundawala Aug 2023

Does Today's India Need 'Decolonisation' Speak?, Salmoli Choudhuri, Moiz Tundawala

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This article analyses the introduction of three new Bills to replace the Indian Penal Code, 1860, the Indian Evidence Act, 1872 and the updated Criminal Procedure Code of 1973—the Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill and Bharatiya Nagarik Suraksha Sanhita, respectively—in light of Indian and global discourse on decoloniality.

Excerpt:

"The proposed exercise of indigenising laws – insincere at best and dangerous at worst – would only bring about a surface-level change of the imaginary through a spectacular show of rejecting the colonial inheritance while harbouring no aspirations for freedom at the structural and systemic level of the symbolic order …


Aals Federal Courts Section Newsletter, Katherine Mims Crocker, Celestine Richards Mcconville Aug 2023

Aals Federal Courts Section Newsletter, Katherine Mims Crocker, Celestine Richards Mcconville

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No abstract provided.


Here Are Ways Professional Education Leaders Can Prepare Students For The Rise Of Ai, A. Benjamin Spencer Jul 2023

Here Are Ways Professional Education Leaders Can Prepare Students For The Rise Of Ai, A. Benjamin Spencer

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No abstract provided.


Q&A With Professor Timothy Zick, Author Of "Managed Dissent: The Law Of Public Protest", William & Mary Law School, Timothy Zick Jun 2023

Q&A With Professor Timothy Zick, Author Of "Managed Dissent: The Law Of Public Protest", William & Mary Law School, Timothy Zick

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No abstract provided.


Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin Jun 2023

Divided Court Finds Generic Redactions Sufficient To Admit Confessions Of Non-Testifying Codefendants, Jeffrey Bellin

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No abstract provided.


On The Danger Of Not Understanding Technology, Fredric I. Lederer May 2023

On The Danger Of Not Understanding Technology, Fredric I. Lederer

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No abstract provided.


Legal Scholars Weigh In On The Lasting Significance Of Dominion V. Fox, Samantha Barbas, Martin Garbus, Lyrissa Lidsky, Timothy Zick, Sandra Baron Apr 2023

Legal Scholars Weigh In On The Lasting Significance Of Dominion V. Fox, Samantha Barbas, Martin Garbus, Lyrissa Lidsky, Timothy Zick, Sandra Baron

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No abstract provided.


Q&A: W&M Law Professor Jeffrey Bellin On 'Mass Incarceration Nation', W&M Law School Staff, Jeffrey Bellin Apr 2023

Q&A: W&M Law Professor Jeffrey Bellin On 'Mass Incarceration Nation', W&M Law School Staff, Jeffrey Bellin

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No abstract provided.


What Trump's Business Fraud Charges Mean -- A Former Prosecutor Explains The 34 Felony Counts And Obstacles Ahead For Manhattan's Da, Jeffrey Bellin Apr 2023

What Trump's Business Fraud Charges Mean -- A Former Prosecutor Explains The 34 Felony Counts And Obstacles Ahead For Manhattan's Da, Jeffrey Bellin

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No abstract provided.


Trump's Indictment Stretches Us Legal System In New Ways -- A Former Prosecutor Explains 4 Key Points To Understand, Jeffrey Bellin Mar 2023

Trump's Indictment Stretches Us Legal System In New Ways -- A Former Prosecutor Explains 4 Key Points To Understand, Jeffrey Bellin

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No abstract provided.


Justices Search For A Clear Rule For Confessions In Joint Trials, Jeffrey Bellin Mar 2023

Justices Search For A Clear Rule For Confessions In Joint Trials, Jeffrey Bellin

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No abstract provided.


The Evidentiary Challenges Of Confessions In Co-Defendant Trials, Jeffrey Bellin Mar 2023

The Evidentiary Challenges Of Confessions In Co-Defendant Trials, Jeffrey Bellin

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No abstract provided.


Policing, Stories, Problems, And Solutions, Katherine Mims Crocker Mar 2023

Policing, Stories, Problems, And Solutions, Katherine Mims Crocker

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No abstract provided.


Fraud-On-The-Market Liability In The Esg Era, Kevin S. Haeberle Mar 2023

Fraud-On-The-Market Liability In The Esg Era, Kevin S. Haeberle

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No abstract provided.


Understanding Mass Incarceration In The Us Is The First Step To Reducing A Swollen Prison Population, Jeffrey Bellin Mar 2023

Understanding Mass Incarceration In The Us Is The First Step To Reducing A Swollen Prison Population, Jeffrey Bellin

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No abstract provided.


John Osborn's Enduring Words On Law & Learning, Walter Effross Mar 2023

John Osborn's Enduring Words On Law & Learning, Walter Effross

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When I started my first year at Harvard Law School, 17 years after Osborn did, I wasn’t looking for enlightenment. But I expected to be — and was — intimidated by Socratic taskmasters who, like the movie version of Osborn’s Professor Kingsfield (a role for which John Houseman won an Academy Award and a Golden Globe Award in 1973), were ready with “always another question, another question to follow your answer.”


Reducing Community Violence While Protecting Civil Rights, Kami Chavis Feb 2023

Reducing Community Violence While Protecting Civil Rights, Kami Chavis

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No abstract provided.


"Civil Procedure Is What It's All About": Law School Dean A. Benjamin Spencer Reflects On Career, Molly Parks, A. Benjamin Spencer Feb 2023

"Civil Procedure Is What It's All About": Law School Dean A. Benjamin Spencer Reflects On Career, Molly Parks, A. Benjamin Spencer

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No abstract provided.