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Book
xviii, 286 pages ; 22 cm
  • Preface
  • Caste, class and constitutional reservations / Vinod Dixit
  • Constitutional foundations of affirmative action programmes in India / K. Madhusudhana Rao
  • Affirmative action and constitution of India : an appraisal / T. Raghavendra Rao
  • Affirmative action in international law and Indian judicial approach : an analysis / Kondaiah Jonnalagadda
  • Caste, law and judiciary : the dynamics of affirmative action in India / Bir Pal Singh
  • Affirmative action and judiciary / Ashish Singh Tomar and Himanshu Rai
  • Competing and conflicting conceptions of affirmative action in the context of persons with disability / Shirish L. Deshpande and Varsha V. Deshpande
  • Affirmative actions for the empowerment of persons with disabilities and evolving jurisprudence / S. Elumalai
  • Affirmative action and the access to education for disabled children in India / Garima Singh
  • Globalization and education : exploring dimensions of equity, equality and excellence / Tapan R. Mohanty
  • Achieving international goals : affirmative action as a tool for equal women's employment / Eira Mishra
  • National rural employment and affirmative action / Bhagirathi Panigrahi
  • Addressing the problems of scheduled tribes through affirmative action in India with reference to education, health and economy / Preeti Misra
  • An expansion of sexuality rights from identity right to human right : a study of affirmative actions with reference to LGBT rights / Mukesh Bharti and Preeti Misra.
Law Library (Crown)
Book
xii, 332 pages ; 23 cm
  • Preface and acknowledgements
  • Appointment of judges to higher judiciary under the constitution : an overview / Devinder Singh
  • The case in brief : the Supreme Court Advocates on Record v. Union of India, 2015 / Devinder Singh
  • Appointment of judges in higher judiciary : a comparative study of collegium and NJAC system / Priyanka Bedi
  • An analysis of the recusal order in NJAC Judgement 67 / Pukhrajbir Kaur and Hari Ram Anthala
  • An analysis of reference order in National Judicial Appointment Commission judgment / Priya Gupta
  • A critical analysis of the procedure for the appointment of the Chief Justice of India / Sachiv Kumar
  • Appointment of constitutional judges : a comparative perspective / Chander Kanta Negi
  • Dissenting judgement in the NJAC case : a review / Ajaymeet
  • An analysis of judgement delivered by Justice Madan A. Lokur / Dolly Singh
  • An analysis of the judgement of Justice Joseph Kurian / Meharpreet Singh
  • Doctrine of basic structure of constitution with special reference to with Supreme Court Advocates-on-record-Association and another v. Union of India / Rahul Miglani
  • Plenary power of parliament to amend the constitution / Chander Kanta Negi
  • Review of NJAC judgement on the basis of theory of basic structure / Surekha Thukral
  • NJAC judgment vis-a-vis independence of judiciary / Parvesh Kumar Rajput
  • Judicial review and National Judicial Appointment Commission / Pooja Devi Thakur and Amrita Rathi
  • Docrine of revival with special reference to the 99th Amendment Act / Rahul Miglani
  • Transparency in the appointment of judges of higher judiciary / Arti Puri
  • National Judicial Appointment Commission : a critique / Aditi Sharma
  • Critical analysis of memorandum of procedure for appointment of judges in the Supreme Court and high courts in India / Gurpreet Singh
  • Findings / Devinder Singh.
Law Library (Crown)
Book
xvii, 161 pages ; 24 cm
  • Foreword
  • Preface
  • Introduction
  • Appointment of judges : history and development in India
  • Conventions on appoitment of judges
  • Judicial [approach] on appointment of judges
  • Fairness in judicial appointments : a critique
  • Conclusion and suggestions.
"Appointment of judges and its process is the most vital aspect of the independence of judiciary, also a basic feature of the Constitution of India. The constitution enshrines various provisions for the independence of judiciary but preferred accountability to the autonomy by vesting the authority of appointment in the executive in consultation with the Chief Justice of India, as judiciary cannot be held accountable in the manner as the executive. However the Apex Court ruled that the judiciary cannot be independent if the primacy in not vested in the opinion of the Chief Justice of India, and invented the collegium, paving way to the endless criticisms and controversies. This book reviews the appointment of judges in the erstwhile federal court, the Supreme Court of India, since its inception and incorporates the constitutionally provided mechanism, any convention developed so far in the appointment of judges and related controversies arose while appointment taking place in the institution and thereafter, if any...[The] book also discusses the developments, reforms, discussions, suggestions, criticism and involved controversies in the process of appointment of judges."-- Back cover.
Law Library (Crown)
Book
x, 160 pages, 24 unnumbered pages of plates : illustrations ; 23 cm
  • Introduction
  • Babur in Ayodhya
  • Accounts of foreign travellers and British administrators
  • Attempts to reclaim sacred spaces
  • Muslim sources of Ramjanmabhumi/Babri Masjid
  • The conflict at Ayodhya documented
  • Left historians intervene
  • Hindu sources on Rama worship and the Janmabhumi Temple
  • Pillar bases : the first archaeological evidence
  • A Gahadavala inscription recovered and Treta Ka Thakus re-discovered
  • Left historians and the ASI report
  • No mention of Babri Masjid in the revenue records
  • The Allahbad High Court judgement on the Ramjanmabhumi/Babri Masjid.
Law Library (Crown)
Book
ccxxxiv, 1204 pages ; 25 cm
  • Preface
  • Rights : revolution and evolution
  • Definition of state : Article 12
  • Inconsistency of laws : Article 13
  • Right to equality : general : Article 14
  • Prohibition of discrimination : Article 15
  • Equality of opportunity in matters of public employment : Article 16
  • Abolition of untouchability and titles (Arts. 17 and 18)
  • Certain civil liberties : Article 19
  • Protection in respect of conviction for offences : Article 20
  • Protection of life and personal liberty : Article 21
  • Protection against arrest and detention in certain matters : Article 22
  • Right against exploitation : Articles 23 & 24
  • Right to freedom of religion : Articles 25 to 28
  • Cultural and educational rights : Articles 29 and 30
  • Saving of certain laws : Articles 31-A to 31-C
  • Right to constitutional remedies and other incidental aspects : Articles 32 and 35-A
  • Right to property
  • Public interest litigation in relation to fundamental rights.
Law Library (Crown)
Book
xx, 943 pages : illustrations ; 24 cm.
  • Rights of the child : an overview
  • Right to family environment : adoption and other non-institutional services
  • Right to parental care : custody and guardianship
  • Right against economic exploitation : child labour
  • Right to protection against sexual abuse and exploitation
  • Juvenile justice : administration and implementation
  • Right to development : education, play, and recreation
  • Right to survival : health, nutrition, and shelter
  • Making child rights a reality.
Key developments have taken place, both nationally and internationally, relating to child rights. A marked change in traditional thinking about child rights was promoted by the adoption of the UN Convention on the Rights of the Child in 1989. 20 November 2014 marked 25 years of the adoption of the UN Convention on the Rights of the Child, and the emergence of a different perspective on providing justice to children. This, the fully revised third edition of Child Rights in India: Law, Policy, and Practice, highlights the key developments that have taken place to promote and protect the rights of children. Since the publication of the last edition in 2005, there have been several legislations, progressive court judgments, and policy initiatives in India and other countries on the rights-based approach. This edition covers the new developments in India like the Juvenile Justice (Care and Protection of Children) Act, 2015, the new CARA guidelines, shared custody or joint parenting, international trends relating to joint custody, missing children, out-of-school children, the Right of Children to Free and Compulsory Education (RTE) Act, 2009, Child Nutrition, and the National Food Security Act, 2013, and so on. Each chapter is structured to include: national laws, leading case law, major policies and schemes of the government, international law, interventions and strategies by non-governmental organizations to protect and promote child rights, gaps in implementation of laws and policies, and recommendations for legislative reform in support of children.
(source: Nielsen Book Data)9780199470716 20171201
Law Library (Crown)
Book
ix, 157 pages ; 24 cm.
""Studies the politics of Public Interest Litigation (PIL) in contemporary India"--Provided by publisher."
Law Library (Crown)
Book
ix, 157 pages ; 24 cm.
""Studies the politics of Public Interest Litigation (PIL) in contemporary India"--Provided by publisher".
Green Library
Book
xxv, 372 pages ; 23 cm
  • Indian patent law declares independence
  • Surrender at Geneva
  • Life after Marrakesh
  • Novartis trips over section 3(d)
  • New Delhi challenges the Berne Convention
  • The moving picture
  • Akhtar rescripts copyright law
  • Digital India seeks 'safe harbour'
  • The traditional knowledge trilogy
  • The queen of all rices
  • Of gods and gurus.
In 1947, a newly independent India was saddled with a host of intellectual property (IP) laws left behind by the British. In the following decades, India broke away from colonial IP legacies, while navigating international treaty negotiations in the light of its redefined national interests. These changes affected ordinary lives-be it through medicines, music, movies, books, food, yoga, or the Internet-but have never been narrated to a larger audience. This book unravels the development of India's IP law and policy in modern times, in a form and style designed for the general reader.The chapters in the book centre on different industries and sectors, such as pharmaceuticals, book publishing, cinema, music, the Internet, food, yoga, and traditional knowledge. Each chapter features a lively narrative that has been constructed from various sources, including parliamentary debates, expert reports, interviews, archival research, and case law. The book's unique focus is on the politics and history of Indian IP, rather than the black letter of the law.
(source: Nielsen Book Data)9780199470662 20170508
Law Library (Crown)
Book
xii, 410 pages ; 27 cm.
  • Introduction
  • Early thinkers
  • Later aphoristic texts on Dharma
  • Perspectives from political science : Kautilya (first-second century C.E.)
  • Innovations of Manu (mid-second century C.E.)
  • Developments after Manu
  • The school of Vedic exegesis
  • Early commenatators
  • The beginnings
  • The early theoriests
  • The mature phase
  • Early commentators
  • Medieval commentators and systematizers.
Whether defined by family, lineage, caste, professional or religious association, village, or region, India's diverse groups did settle on a concept of law in classical times. How did they reach this consensus? Was it based on religious grounds or a transcendent source of knowledge? Did it depend on time and place? And what apparatus did communities develop to ensure justice was done, verdicts were fair, and the guilty were punished? Addressing these questions and more, A Dharma Reader traces the definition, epistemology, procedure, and process of Indian law from the third century B.C.E. to the middle ages. Its breadth captures the centuries-long struggle by Indian thinkers to theorize law in a multiethnic and pluralist society. The volume includes new and accessible translations of key texts, notes that explain the significance and chronology of selections, and a comprehensive introduction that summarizes the development of various disciplines in intellectual-historical terms. It reconstructs the principal disputes of a given discipline, which not only clarifies the arguments but also relays the dynamism of the fight. For those seeking a richer understanding of the political and intellectual origins of a major twenty-first-century power, along with unique insight into the legal interactions among its many groups, this book offers exceptional detail, historical precision, and expository illumination.
(source: Nielsen Book Data)9780231179560 20170109
Law Library (Crown)
Book
x, 310 pages : illustrations ; 24 cm
  • An introduction to the Indian criminal justice system
  • The law and practice of rape adjudication in India
  • Rape sentencing : an empirical analysis
  • Myths and stereotypes in rape prosecutions
  • Structuring sentencing discretion : guideline models and approaches
  • Sentencing discretion in India : the need for structuring
  • Sentencing guidelines for rape.
This book addresses and analyses the rape sentencing regime in India, and demonstrates that despite law reform, the myths and stereotypes about rapists and rape victims that used to be embedded in the positive law of rape and/or in evidence law have, in many cases, merely shifted from the charging and trial stages to the sentencing stage. The book further argues that rape myths and stereotypes influence sentencing, leading to unwarranted disparity. It undertakes a theoretical examination of the purposes of punishment, the fundamentally overlapping nature of the stages of the criminal process, and the meaning of 'disparity'. The book sets forth what the sentencing guidelines for rape in India might provide, discussing factors that should be considered relevant and irrelevant in the sentencing of rape offenders. The underlying theme of the book is to bring the rule of law to criminal sentencing in India.
(source: Nielsen Book Data)9781107135628 20161213
Law Library (Crown)
Book
x, 310 pages : illustrations ; 24 cm
  • 1. Introduction-- 2. An introduction to the Indian criminal justice system-- 3. The law and practice of rape adjudication in India-- 4. Rape sentencing: an empirical analysis-- 5. Myths and stereotypes in rape prosecutions-- 6. Structuring sentencing discretion: guideline models and approaches-- 7. Sentencing discretion in India: the need for structuring-- 8. Sentencing guidelines for rape.
  • (source: Nielsen Book Data)9781107135628 20161213
This book addresses and analyses the rape sentencing regime in India, and demonstrates that despite law reform, the myths and stereotypes about rapists and rape victims that used to be embedded in the positive law of rape and/or in evidence law have, in many cases, merely shifted from the charging and trial stages to the sentencing stage. The book further argues that rape myths and stereotypes influence sentencing, leading to unwarranted disparity. It undertakes a theoretical examination of the purposes of punishment, the fundamentally overlapping nature of the stages of the criminal process, and the meaning of 'disparity'. The book sets forth what the sentencing guidelines for rape in India might provide, discussing factors that should be considered relevant and irrelevant in the sentencing of rape offenders. The underlying theme of the book is to bring the rule of law to criminal sentencing in India.
(source: Nielsen Book Data)9781107135628 20161213
Green Library
Book
xxv, 238 pages : illustrations ; 24 cm.
  • Introduction *Environmental Justice: A Global Perspective * Genesis and establishment of the National Green Tribunal * The National Green Tribunal Act 2010: Interpretation and Application * National Green Tribunal: Normative Principles * National Green Tribunal: Science and Law * National Green Tribunal: Judgments and Analysis * The National Green Tribunal's journey: Challenges and Success.
  • (source: Nielsen Book Data)9781138921108 20170123
Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT's commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.
(source: Nielsen Book Data)9781138921108 20170123
Green Library
Book
xxv, 238 pages : illustrations ; 24 cm.
  • Environmental justice : a global perspective
  • Genesis and establishment of the National Green Tribunal
  • The National Green Tribunal Act 2010 : interpretation and application
  • National Green Tribunal : normative principles
  • Nation Green Tribunal : science and law
  • National Green Tribunal : judgments and analysis
  • The National Green Tribunal's journey : challenges and success.
Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT's commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.
(source: Nielsen Book Data)9781138921108 20170515
Law Library (Crown)
Book
xix, 221 pages ; 25 cm
  • Introduction
  • Interpretative methods and judicial power
  • The jurisprudence of discrimination against LGBTI persons : global issues and concerns
  • Addressing judicial activism and judicial restraint
  • Analyzing the Supreme Court's verdict on Section 377 of the Indian Penal Code
  • Law beyond the law
  • Global discrimination against gay families
  • Suggestions and concluding remarks
  • Summay and main thesis.
The book analyses the Indian Supreme Court's jurisprudence on homosexuality, its current approach and how its position has evolved in the past ten years. It critically analyses the Court's landmark judgments and its perception of equality, family, marriage and human rights from an international perspective. With the help of European Court of Human Rights' judgments and international conventions, it compares the legal and social discrimination meted out to the Indian LGBTI community with that in the international arena. From a social anthropological perspective, it demonstrates how gay masculinity, although marginalized, serves as a challenge to patriarchy and hegemonic masculinity. This unique book addresses the lack of in-depth literature on gay masculinity, elaborately narrating and analysing contemporary gay masculinity and emerging gay lifestyles in India and highlighting the latest research on the subject of homosexuality in general and in particular with respect to India. It also discusses several new issues concerning the gay men in India supported by the living law approach put forth by Eugen Ehrlich.
(source: Nielsen Book Data)9783319554341 20170807
Law Library (Crown)
Book
x, 187 pages ; 24 cm.
  • Introduction
  • The invention and expansion of intellectual property
  • The new patent regime : the activists and their allies
  • Ayurvedic dilemmas : innovation, ownership, and resistance
  • The Gilead model and the perspective of Big Pharma
  • The view from Hyderabad : the "Indian" pharmaceutical industry and the new patent regime.
India and the Patent Wars contributes to an international debate over the costs of medicine and restrictions on access under stringent patent laws showing how activists and drug companies in low-income countries seize agency and exert influence over these processes. Murphy Halliburton contributes to analyses of globalization within the fields of anthropology, sociology, law, and public health by drawing on interviews and ethnographic work with pharmaceutical producers in India and the United States. India has been at the center of emerging controversies around patent rights related to pharmaceutical production and local medical knowledge. Halliburton shows that Big Pharma is not all-powerful, and that local activists and practitioners of ayurveda, India's largest indigenous medical system, have been able to undermine the aspirations of multinational companies and the WTO. Halliburton traces how key drug prices have gone down, not up, in low-income countries under the new patent regime through partnerships between US- and India-based companies, but warns us to be aware of access to essential medicines in low- and middle-income countries going forward.
Law Library (Crown)
Book
xv, 756 pages : illustrations ; 24 cm
  • An introduction to globalization, lawyers, and emerging economies : the case of India / David B. Wilkins, Vikramaditya S. Khanna and David M. Trubek
  • Overview of legal practice in India and the Indian legal profession / Arpita Gupta, Vikramaditya S. Khanna and David B. Wilkins
  • Mapping India's corporate law firm sector / Ashish Nanda, David B. Wilkins and Bryon Fong
  • Globalization and the rise of the in-house counsel movement in India / David B. Wilkins and Vikramaditya S. Khanna
  • The impact of globalization on cross-border mergers and acquisitions on the Indian legal profession / Umakanth Varottil
  • Being your own boss : the career trajectories and motivations of India's newest corporate lawyers / Jayanth K. Krishnan and Patrick W. Thomas
  • Women in India's "global" law firms : comparative gender frames and the advantage of new organizations / Swethaa S. Ballakrishnen
  • Pro bono and the corporate legal sector in India / Arpita Gupta
  • How India's corporate law firms influence legal, policy, and regulatory frameworks / Bhargavi Zaveri
  • Theories of law firm globalization in the shadow of colonialism : a cultural and institutional analysis of English and Indian corporate law firms in the twentieth and twenty-first centuries / John Flood
  • Globalization of the legal profession and regulation of law practice in India : the "foreign entry" debate / Aditya Singh
  • Festina lente or disguised protectionism? : monopoly and competition in the Indian legal profession / Rahul Singh
  • The evolving global supply chain for legal services : India's role as a critical link / Vikramaditya S. Khanna
  • Grand advocates : the traditional elite lawyers / Marc Galanter and Nick Robinson
  • Aggregation of land for a growing and globalizing economy : the role of small-town lawyers in India / Pavan Mamidi
  • Responding to the market : the impact of the rise of corporate law firms on elite legal education in India / Jonathan Gingerich and Nick Robinson
  • The anatomy of legal recruitment in India : tracing the tracks of globalization / Jonathan Gingerich, Vikramaditya Khanna and Aditya Singh
  • The making of legal elites and the IDIA of justice / Shamnad Basheer, K.V. Krishnaprasad, Sree Mitra and Prajna Mohapatra
  • Experiments in legal education in India : Jindal Global Law School and private nonprofit legal education / C. Raj Kumar
  • Equalizing access to the WTO : how Indian trade lawyers build state capacity / Gregory Shaffer, James Nedumpara, Aseema Sinha and Amrita Bahri
  • Indian corporations, the administrative state, and the rise of Indian trade remedies / Mark Wu
  • Rising India in investment arbitration : shifts in the legal field and regime participation / Mihaela Papa and Aditya Sarkar.
This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.
(source: Nielsen Book Data)9781107151840 20170710
Law Library (Crown)
Book
xiii, 372 pages : illustrations ; 23 cm
  • Economic analysis of environmental law and policy / Esha Goel
  • Economic analysis of carbon credit laws / Jashaswi Ghosh
  • The economic analysis of blackmail : the case for an alternate legal regime / Anamika Ray
  • 'Best efforts' : search for the optimal performance standard - an economic analysis / Supratim Guha and Amudavalli Kannan
  • The economically efficient expropriation : an economic analysis of expropriation under international investment law / Kaustubh Rastogi and Shubhangi Roy
  • Economic analysis of corporate laws / Aonkan Ghosh
  • Economic analysis of the corporate debt restructuring mechanism in India / Aishwarya Mohapatra, Rumani Sheth and Suriti
  • Economic analysis of the dispute resolution mechanism under the Companies Act, 2013 / Amrita Mohan
  • An economic analysis of cybercrimes / Esha Goel and Kundhavi Suresh
  • Economics of child labour / Gayathree Devi Kalliyat Thazhathuveetil
  • The limits of democracy : an economic anaylsis of countermajoritarian institutions
  • Economic analysis of competition law / Aanchal Kapoor
  • An economic analysis of Indian pharmaceutical pricing policy : drugs (price control) order, 2013 / Pateek Kumar and Shreya Ramakrishanan
  • Economic analysis of cross-media ownership / Aakanksha Parashar, Madhuja Barman and Chandni Patel
  • Comparative advertising : case analysis of Colgate Palmolive v. Hindustan Unilever Ltd / Shivansh Agarwal and Ifrah Shaikh.
This is one of the first volumes that uses economic tools to analyse and evaluate law and policy in India. Applying economic theories such as incentive analysis, cost-benefit studies, and game theory, the essays in the volume negotiate contentious issues in law including property, contracts, torts, nuclear liability regime, bankruptcy law, criminal law and procedure, constitutional law, administrative law, environmental law, and family law. A radical take on commercial and socio-legal issues in India, this book will greatly interest scholars and researchers of law, political economy, and public policy.
(source: Nielsen Book Data)9781138685567 20170206
Law Library (Crown)
Book
xl, 504 pages ; 24 cm.
Law Library (Crown)