Nandita Saikia sur Twitter : "The Jan 28 interim order on blocking pre-natal sex determination ads has been uploaded on the SC website. #FoE #law. A brain-dead Irish woman’s body is being used as an incubator. Be angry. In Ireland, a woman who is clinically dead but 17 weeks pregnant is being kept alive against her family’s will.
Engagements with Normative Porn Law. Engaging with legal policy once seemed ‘easy’.
It’s almost impossible to make a legal mistake simply because although one is (hopefully) grounded in positive law, one actually deals with the normative. Not only does that make it entirely different from the contentious or advisory matter where missing that one stray notification or one piece of case law can have almost immediate and unpleasant consequences for one’s clients but it also makes oneself little more than yet another conversationalist in a discussion of ideas about what should be, a discussion where each idea is often more outlandish than the next. And, of course, living (or practising law) in the world of possibility (rather than that of fact) can diminish fear of the consequences of having missed a vital detail. Legal mistakes, though, I’m learning are the least challenging issues to contend with when one discusses normative law. Chapter-21. Access to Cultural Heritage and Exceptions to Copyright Infringement.
At a recent lecture at the National Museum, a friend and I talked about how absurd it is that so much of what should ideally be our common cultural heritage is locked up behind closed doors, inaccessible to the public.
This museum though does better than many others: it allows visitors to take photographs of its exhibits. On Aaron Swartz. Law on the Disclosure of the Identity of Rape Victims. (Note: This post comprises preliminary notes for a legal opinion drafted a while ago.
I haven't re-checked it before posting it.) Indian law does not prohibit just the disclosure of the names of rape victims but of information potentially leading to the identification of rape victims. The protection of identity of rape victims could be considered to be requirements both criminal law and civil law — the identity of rape victims is protected under statutory law, case law and (presumably) tort law relating to privacy (not to mention constitutional law). This post focusses on statutory legal provisions to protect the identity of those who have been sexually assaulted: Section 228A of the Indian Penal Code, (i.e.
IPC), which was first introduced in 1983 and subsequent amended in 2013, prohibits the publication of the identity of rape victims (specifically, persons against whom offences under Sections 376, 376A, 376B, 376C, 376D and 376E, IPC, are alleged or found to have been committed). 21. Predatory-13yearolds-weve-heard-this-one-before-8751738. For historians of sexual offences, the comments made during this trial might seem disturbingly familiar.
Girls at or near the age of puberty have long been deemed a potential sexual danger to men, particularly if physically mature for their age and sexually experienced. A 13-year-old girl was not always an automatic victim in sexual assault trials. For most of the 19th century, a 13-year-old girl could be legally complicit in an offence against her. Arguments on Porn, Rape and Free Speech. The Banning of Content under the CrPC. The Banning of (Published) Content under the Customs Act. Despite the fact that the words censorship and banning are often used entirely interchangeably in public discourse, censorship and banning are not the same thing: censorship occurs prior to the publication of content and could potentially lead to certain content being banned.
However, not all bans of content involve pre-publication censorship and a ban — in fact, the only readily available example of an industry in which content which is routinely ‘censored’ or ‘certified’ (depending on one’s point of view) in India is in the film industry. Quite apart from pre-publication bans, industries may face having their content banned after it has been published under the Customs Act or the Code of Criminal Procedure.
And, even in such cases, to use the word ‘ban’ may involve stretching the meaning of the word when it comes to the Customs Act. In a nutshell, this is what the Customs Act says: The Goals of Private Law. Well, I’m back from my conference, and all went better than I could have hoped with my talk.
Lots of questions afterwards, but that’s pleasing in itself (it means that there’s something there which makes people think). It was interesting that my own talk fitted in with the general tenor of the conference. In essence, there is a battle at the moment between those who seek to explain private law according to its own internal coherence and those who seek to explain private law according to external factors (eg, law and economics, social theory, etc). And then there are those, like myself, who believe that private law must have a measure of internal coherence, but that external moral and policy factors must also play an important part in shaping the way in which the law develops (pluralists). For the non-initiated, private law is that area of the law which deals with private relationships between individuals – contracts, tort, restitution etc.
‘Once we suffered from crimes; now we suffer from laws’ … Tacitus, shortly after the Praetorian Edict, hitherto subject to an annual sunset clause, was enacted in perpetuum, thereby ending most substantive Roman legal innovation and, arguably, Roman societal and scientific innovation as well. Hold that thought. Law has limits I Russell Blackford, toiling alone, has attempted to draw our attention away from the Melinda Tankard Reist v Jennifer Wilson defamation stoush. In this post, for example, he asks us to consider Jennifer Wilson’s substantive views, and (by necessary implication) Melinda Tankard Reist’s substantive views.
Like Russell, I think the issues both raise are interesting in themselves. Trust your memory? Maybe you shouldn't. Elizabeth Loftus is a psychologist and expert on the malleability of human memory Loftus is most known for her work on memory distortion and false memory implantation Her research could also be used to fight obesity, addiction with false memories Editor's note: This is part of CNN's "Life's Work" series, which features innovators and pioneers who are making a difference in the world of health and medicine. (CNN) -- You probably feel pretty attached to your memories -- they're yours, after all. They define who you are and where you came from, your accomplishments and failures, your likes and dislikes. Your memories help you separate friends from enemies. They remind you not to eat too much ice cream or drink cheap tequila because you remember how horrible it felt the last time you indulged.
SC commutes death penalty of man who raped, killed 11-year-old - TOI Mobile. HC restrains channel from telecasting news against Salman Khan. Holding that prima facie a news channel had telecast defamatory allegations against actor Salman Khan, the Bombay High Court restrained it from telecasting such items.
Justice S J Kathawalla was hearing a suit filed by Salman seeking a written apology from ABP News channel for telecasting a news item allegedly defamatory to the actor. When social and punitive justice intersect. Sex discrimination Commissioner Elizabeth Broderick recently called for tougher sentencing of people convicted of intimate partner violence.
She argues incidents of partner violence should not be treated as ‘just a domestic’ but should attract ‘a premium penalty’. Broderick is not alone. Her more punitive approach parallels similar calls from feminist writer Clementine Ford. Sympathy for punitive justice is nothing new: tougher sentencing has broad appeal. ‘No maintenance if partner knew man is already married’
Intention to marry 'rape victim' gets man bail - TOI Mobile. Redigiruling. Kin assault woman for her petition on domestic violence. The woman who dared to file a petition seeking to expand the ambit of Domestic Violence Act to cover atrocities by females was at the receiving end of violence from the women in her own family.
Time to protect victims in courtroom. Mr Mischin said the Government had a "no-tolerance" approach to domestic violence and was prepared to introduce reforms as part of that commitment. He said he was considering "all aspects" of the cross-examination process, including what questions a lawyer could ask a victim as well as their behaviour towards them, with the aim of ensuring that "sufficient discretion" was left to the trial judge to "address the particular circumstances of the case". And, he said he expected any such reform would be one of the first objectives to be championed by the state's new Victims of Crime Commissioner, who will be appointed later this year. "The Liberal-National Government has demonstrated a clear no-tolerance approach to domestic violence and I am prepared to consider any legislative reforms that will advance that approach, including limiting the scope of cross-examination of victims of domestic violence," he said.
But domestic violence victim Catherine welcomed any such plans. Will US Supreme Court Hear Nazi Art Looting Case? Egon Schiele's Seated Woman with Bent Left Leg (Torso) 1917 A petition was docketed this Monday asking the US Supreme Court to review a case where state law was used to grant title to a stolen artwork to a US purchaser. A PDF of the petition for certiorari can be accessed below. This is an important opportunity for the US Supreme Court to review the issue of Nazi-looted art in the United States, an issue that has created disarray in our federal courts and has pitted state law against such federal laws as the National Stolen Property Act 18 USC 2314. Indian Copyright: Thoughts on Pornography and Free Speech. 'Harassed' husband challenges Domestic Violence Act - TOI Mobile. Breaking News: India's Copyright Amendments Challenged. Sherlock Holmes Rights Dispute. Legal Impediments to Speaking Out about Abuse. Hot News Misappropriation.
Hot news and its misappropriation isn’t really about copyright or about copyright infringement. It was created by the US Supreme Court as a variant of the Common Law tort of misappropriation in International News Service v. The common sense of libel. Updated: Wed, May 26 2010. 12 39 PM IST. China: Commute Death Sentence in Domestic Violence Case. (New York) – The Chinese government should immediately commute the death sentence against Li Yan, a woman convicted of killing her husband following months of violent abuse. Fighting the Online Abuse of Women. Custody Courts Need to Expand Sources of Information in DV Cases. No, Copyright Is Not A Human Right. Statutory Interpretation: General Principles and Recent Trends. Copyright Law and a Derivative Culture. Note: This post, among other things, deals with some subjects which were discussed in an article published in Practical Lawyer, October 2010 — 'Copyright Law and a Derivative Culture: Perceptions of Art and Artists' by Nandita Saikia — and reproduces/adapts some text from the article.
Creatio ex nihilio — creation from nothing — belongs to realm of theology, and is attributable to God alone. Copyright Law and a Derivative Culture. Time Management. By: Herbert N. Ramy Create a Study Schedule and Stick to It We’ve all heard this familiar refrain from students – "I don’t have enough time to get everything done! " While law school is quite demanding, most students don’t have enough time for their studies because they aren’t managing it properly. Govt ready to amend rules for showcasing 'A' certified films on TV : Bollywood. The Draft Copyright Rules v1.0: Preliminary Concerns.
Sedition: Defaming the State. ABA Journal publishes "Pricing Amy: Should Those Who Download Child Pornography Pay the Victims?" The Applicability of the 2009 IT Act Rules to Blocking Online Information. Demystifying plagiarism, the legal way. The Statutory Nature of Copyright. In The Spirit Of Fair Play: A Primer On IP And The Olympics. _Cloud_Report_FINAL. Curl: Thinking Like a Lawyer – the Good the Bad and the Ugly. Letter to Emily White at NPR All Songs Considered. The Safe Harbour for OSPs and ISPs in the 2012 Act. The Impact of the 2012 Amendments on the 1957 Copyright Act. The Intermediary Rules and Free Speech. Indian Copyright Amendments and the Notion of 'Balance' The Scope of the 31D Statutory Licence wrt Television Broadcasters. New Film and Music Royalties under the 2012 Copyright Act.
The Copyright Bill / Act 2012. Will Pennsylvanie Become The Last State To Allow For The Admission Of Rape Trauma Syndrome Evidence? BREAKING NEWS: Twitter Stands Up For One Of Its Users. An IP address is not a person. South Africa: The New Threat to Freedom by Nadine Gordimer. The Prince, the Producer and the ECHR. Artists Rights Society, VAGA and Intellectual Property.
Is Titanic 3-D a new work? Readability, Copyright and the Ongoing Struggle for Tech. How the Joy of Sex was illustrated. Film trigger warnings. Lost Smart Phones and Human Nature. A Copyright First: Bogus Copyright Takedown Leads To Australian Court Awarding $150k Damages. The 3 Types of Copyright Conversations. Press Information Bureau English Releases. Supreme Court to Hear International Copyright Exhaustion Case.
Silent magician Teller files copyright suit over "stolen" shadow trick. British colonial files released following legal challenge. Employer not allowed to search for porn on employee’s home computer. The price of silence and the myth of the Batt Cage. Facebook "likes" aren't speech protected by the First Amendment, rules judge. Legal Practice.