Wednesday, September 23, 2020

LATEST PRINT

Kahler v. Kansas: Insanity and the Historical Understanding of Mens Rea

-Michael Louis Corrado The decision in the recent case of Kahler v. Kansas before the SCOTUS involves important issues in criminal jurisprudence. In this paper, an attempt has been made to trace the nuances of the different forms of defence the insanity plea can...

How Stereotypes about Indians are used to promote Abortion Restrictions in the United States?

-Sital Kalantr Many state legislatures in the United States (‘U.S.’) have passed restrictions on abortion for purposes of selecting the sex of the child. Advocates for these bans are using the widespread crises of sex-selective abortion in India to push for the prohibitions in...

The Enduring Gaps and Errors in Capital Sentencing in India

-Anup Surendranath, Neetika Vishwanath, and Preeti Pratishruti Dash In the forty years since Bachan Singh upheld the constitutional validity of the death penalty in May 1980, there have been numerous concerns about the fate of the death penalty sentencing framework laid down by the...

Crimes by Children in Conflict with the Law – Heinousness, Acceptability, and Age of Adulthood: A Comprehensive Critique of the Present Juvenile Justice System

-Aanchal Kabra and Pratyay Panigrahi The underlying nature of the Juvenile Justice system has undergone a substantial change with the adoption of the Juvenile Justice (Care and Protection of Children) Act, 2015 The new Act has widespread implications on the manner in which children...

Admissibility and Proof of RTI Documents under the Indian Evidence Act

-Gaurav Bhawnani and Aditya Mehta The Right to Information Act, 2005 (‘RTI Act’) is frequently used in civil and criminal litigation to obtain government documents. However, the RTI Act is silent about the admissibility and proof of such documents in a trial. High Courts...

An Empirical Assessment of the Collegium’s Impact on Composition of the Indian Supreme Court

—Rangin Tripathy and Soumendra Dhanee Much of the legal scholarship on the collegium system of appointing judges in India has revolved around its constitutionality. This paper is based on the premise that an empirical investigation of the collegium’s functioning is equally important. With an...

The General Executive Power of the Union of India and the Commonwealth of Australia: A Comparative Analysi

-Peter Gerangelos The substantive content and ambit of the general executive power of “the Union” of India and of “theCommonwealth” of Australia, provided for in Article 53 and section 61 respectively of their constitutions, is a most significant issue confronting constitutional law in both...

LATEST ONLINE

Detain/Release: Teaching Law Students About AI Through Simulated Detention Hearings

Today, law students cannot graduate with just an understanding of law and procedure. They need to leave university able to understand and vet how science and technology will affect their practice and clients. This is because technology systems are increasingly affecting legal systems in democracies around the globe: data informs litigation, probability ratios are admitted as evidence,

Who Killed Berta Cáceres? Dams, Death Squads, and an Indigenous Leaders’ Battle for the Planet by Nina Lakhani: A Review

Nina Lakhani in this riveting book stitches together a textured narrative of Honduras, a country whose political economy thrives on extraction, its hostility towards environmental defenders, and the heavily militarised security forces that guard these development projects[..]

‘Make in India’ or Suffer A Compulsory License: An Illegal Deterrent?

Compulsory Licensing is a mechanism through which the State can force a patent-holder to grant a license for exploitation to a firm subject to certain conditions set by law. Article 31 of the Agreement on the TRIPs Agreement prescribes minimum conditions that must be incorporated by the Member States in their respective compulsory licensing legislations [...]

Towards An Anti-Zoo Jurisprudence (1/2)

Part I of the article introduces the changing judicial landscape of animal rights. It analyses the negative impact of zoos on the physical and mental well-being of animals. [...]

Towards An Anti-Zoo Jurisprudence (2/2)

Part II of the article critiques the traditional justifications for animal captivity in zoos. It further juxtaposes these justifications with an emerging anti-captivity jurisprudence. Section 38A of the Indian Wildlife (Protection) Act, 1972 provides for the establishment of the Central Zoo Authority (CZA). [...]

Judicial Interference and the IBC: The case of Embassy Property Developments

While the law has been overhauled through the passage of the IBC, the trajectory of court interference is one that has to been seen in the coming few years. However, if the early signs are indicative of anything, it is that the judiciary has not learnt from the failure of the SICA regime – judicial interference continues unabated. [...]

Reconciling Reproductive Autonomy with the Public Interest Obligation of the State: A Look at the Prospect of a Two-Child Policy in India

On March 14th, 2020, Dr. A.M Singhvi sought to introduce the Population Control Bill, 2020 in the Rajya Sabha. However, this is not the first time when a National Population Policy has been proposed for the Indian demographic setup[..]