Legal Studies – Page 7 – NICKELED AND DIMED

American Legal Realism in Contemporary Times

Oliver Wendell Holmes (1841-1934), who is regarded as the “Spiritual Father of the American Realism Movement”, established the idea of American realism in jurisprudence. He presented the first methodology of realism in the year 1987 in his work “The Path of the Law”.
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The Practicability of Private Zoos – A Comment on the recent Project by Reliance Industries

State-owned zoos and other entities are generally deemed to be under more control, and regulated and are accountable to the citizens of the country and other international forums as compared to private bodies that thrive on autonomy. However, state-owned zoos are not the norm now-a-days, and private zoos have emerged as big players of the…
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Comparative Analysis of RERA: Delhi & Mumbai

This piece does a comparative analysis of RERA Delhi and Mumbai with the aim to understand the features of both. This highlights the possibility of both acts interacting with each other in a mutually beneficial manner and resolving the issues each act might be facing.
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India and Investment Treaty Arbitration – The Pending Lacunas

Arbitration is an emerging and widely practiced source of dispute resolution across nations. It thrives on autonomy and the focal point behind the use of arbitration as an effective means to dispute resolution lies behind the premise of avoiding litigation and the immense time and costs that hail with it. How friendly a nation is…
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Non-Refoulement as a Jus Cogens norm – The Case of Rohingya Refugees and Many others in the World

Although the principle of non-refoulement lies at the core of the international protection of refugees, there still remains disagreement over its legal standing. In this piece, the author examines whether it has attained the status of a Jus-Cogens norm through judicial interpretation. To prove this, this piece first examines its recognition as a customary norm…
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Arbitrability of Intellectual Property Matters in India: The Conundrum

This piece is Part 2 of a two-part post on the arbitrability of Intellectual property disputes. This piece discusses the statutory provisions related to the arbitrability of matters in India and continues to provide a chronological analysis of the current judicial stance on the arbitrability of Intellectual property disputes in India. It then offers a…
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Arbitrability of Intellectual Property Disputes: The Necessity

This piece is Part 1 of a two-part post on the arbitrability of Intellectual property disputes. The piece essentially will talk about arbitration as a tool with a focus on its advantages as a dispute settlement mechanism. Through these advantages a narrative is drawn to ascertain why arbitration as a tool might be helpful to…
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National Logistics Policy of India

The introduction of India’s National Logistics Policy seeks to establish a single point of contact for all logistics-related and trade facilitation-related issues. The goal of the policy is to update India’s logistics system and lower it. It is currently one of the highest expenses in the world. The policy calls for steps to improve infrastructure,…
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Through Contract Law’s Labyrinth

Labels such as “offer” and “acceptance” have become central to contract law, but their use as first principles for adjudication and understanding cases can be problematic. This article argues that the application of such labels is a ruse, with courts first determining reasonable thresholds in a locality and then applying these labels to the aftermath…
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UNCONSTITUTIONALITY OF THE TWO-FINGER TEST: WITH RESPECT TO LANDMARK JUDGEMENTS

The two-finger test was held unconstitutional by the Supreme Court in the year 2013. However, it is still prevalent in many parts of the country and is still practised by medical and police personnel time and again. This paper will delve into the history of the test and analyse how this patriarchal test came into…
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Dowry: Evolution and Laws

Dowry has plagued society for a long time, it has transformed into various forms over the years making the laws ineffective sometimes. Questions about the misuse of dowry laws for harassment have been continuously raised over the years, making a case for the misuse of the laws by women.
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Representation of Women in Indian Judiciary. Is Four Enough?

The gender disparity in India is, unfortunately, rising as opposed to decreasing with the times. India ranks 135 out of 145 countries, behind neighbours Bangladesh and Pakistan. With the number of cases of violence rising against women and the news flashing stories of accused in rape cases going unpunished by promising to marry the victim,…
Read more: Representation of Women in Indian Judiciary. Is Four Enough?