Top 7 Lawarxiv Papers Today


1.998 Mikeys
#1. From Executive Appointment to the Collegium System: The Impact on Diversity in the Indian Supreme Court
Aparna Chandra, William Hubbard, Sital Kalantry, Cornell Law Library
There has been a national debate raging in India about the system of appointments for Supreme Court and High Court judges. At the founding of the Indian Supreme Court, the executive had primary authority over judicial appointments. In 1993, the Supreme Court created a new system of appointments known as the collegium system, whereby the Chief Justice of India and senior judges of the Supreme Court make new appointments to the Supreme Court as well as the High Courts. In 2014, Parliament amended the Constitution and passed a bill to create a commission to appoint judges, but the Indian Supreme Court declared the law unconstitutional. In this article, we ascertain whether the nature of the appointments procedure impacts the biographical and other characteristics of the judges that are eventually selected. We do this by comparing the biographical characteristics of judges appointed by the executive-appointments system (prior to 1993), on the one hand, and the judges appointed by the collegium (on or after 1993) to the Supreme Court...
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Unqiue Words: 1884

1.998 Mikeys
#2. Robert Paul Churchill, Women in the Crossfire: Understanding and Ending Honor Killing (New York: Oxford University Press, 2018), ISBN 978–0–190–46856–9, 334 pages.
Sital Kalantry, Cornell Law Library
Women in the Crossfire, a book by philosopher Paul Churchill, is a significant contribution to efforts to understand honor killing. Too many works speak generally about gender-based violence. By focusing just on one type of gender-based violence, Professor Churchill is able to give us a number of insights into the crime than would otherwise be possible. True to his philosopher roots, he spends significant time in defining honor killings and distinguishing them from other crimes, such as crimes of passion, domestic violence, and politically-motivated violence. Defining honor killings allows him to better investigate its history, scope, causes, and solutions. The author explores honor killing from an empirical, cultural, psychological, and historical perspective.
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1.996 Mikeys
#3. Dirty Practices for Clean Energy: Indigenous Communities Gain no Benefits and Suffer Decades of Harms from the Salvajina Dam in Cauca, Colombia
Sital Kalantry, Cornell Law Library
The Indigenous Community of Cerro Tijeras is part of the Nasa indigenous people located in Southwest Colombia. After years of resisting colonialism, the destruction of their land, and the erasure of their cultural practices, the Salvajina Dam has further jeopardized their way of life. The government ordered the Salvajina Dam to be built in the 1980s to control the Cauca River’s flow and improve agriculture. However, for the Cerro Tijeras indigenous community, whose land is in the surrounding area of the Salvajina Dam, its effects were detrimental. For decades, Cerro Tijeras has had to deal with the consequences of a major infrastructure project about which they were not consulted and provides virtually no positive effects for their community. The Salvajina Dam created a severe mobility issue for the ethnic groups surrounding it. The people of Cerro Tijeras, who once were able to use boats to cross the river year-round, are now at the mercy of the Salvajina Dam’s changing water levels. EPSA, the current majority owner of the...
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1.996 Mikeys
#4. Integrity in Law’s Empire
Andrei Marmor, Cornell Law Library
In this paper I focus on Dworkin's arguments for the distinctive political virtue of integrity, arguing that we have serious reasons to doubt that the case for integrity has been made. I approach Dworkin’s complex argument in two main steps, following his two main arguments for the distinct value of integrity. The first, and more direct argument, is based on what Dworkin takes to be the grounds for rejecting “checkerboard laws”. The second argument is the one that ties the value of integrity to political legitimacy by way of articulating the value of integrity in light of its affinity with Fraternity, the idea of a “true community”, and the associative obligations such communities engender. I try to show in this paper that both of these lines of argument are not convincing.
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1.996 Mikeys
#5. Evaluating the Impact of the Indian Supreme Court Judgment on Sex-Selective Abortion
Sital Kalantry, Cornell Law Library
Lawyers bring public interest litigation cases (“PIL”) to the Indian Supreme Court seeking many different types of remedies, including to prevent the construction of power plants that may damage the environment or to prevent violations of rights of a group of people. The Indian Supreme Court (the “Supreme Court” or “Court”) sometimes responds by creating guidelines like what the executive branch might do. But in many PIL cases, litigants are not asking for the creating of new rules, but instead they are simply asking the Supreme Court to encourage the government to amend, implement, and enforce laws that already exist.
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Unqiue Words: 2967

1.996 Mikeys
#6. Acid Attacks in India: The Case for State and Corporate Accountability for Gender-Based Crimes
Sital Kalantry, Cornell Law Library
Acid attacks occur in many countries, including Uganda, Ethiopia, Colombia, the United States, India and many other South Asian countries. India has high incidence rates of acid attack violence with 225 attacks against women reported in 2016. Acid violence is gender-based violence and, as such, international treaty obligations require that the Indian government prevent and redress acid attacks. Non-state actors, such as corporations and businesses, also can and should play a role in preventing and addressing gender-based violence, particularly if they are involved in the supply chains that lead to human rights abuses. In 2011, the United Nations released its Guiding Principles on Business and Human Rights, which explain the role that businesses should play in preventing and remedying human rights violations. This Chapter claims that producers of acid and businesses that use acid in their operations also have a responsibility under these Guiding Principles to take measures to prevent acid violence and to assist victims with adequate remedy.
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1.91 Mikeys
#7. LAND REGISTRATION OF PROPERTY RIGHTS IN THE REVIEW OF THE ECONOMICS VALUE
Elviana Sagala, Ade Parlaungan Nasution, Risdalina
The importance of registration of land rights for every person or legal subject to proof of ownership certificate of property rights for economic value will be on the increase in value and simplify every business economy to obtain their capital and to increase its business, because the registered land can be used as collateral to obtain venture capital in the Bank or other financing that is set in the legislation.And ignorance of the importance of registration of land rights on the property of factors primarily the many people who do not understand the importance of registration of land rights, and the lack of socialization Government to the public or the cooperation of village government and village by Lecturer of Law and Lecturer in Economic Law by asking lecturers in the area The conduct of devotion in the village and his village.
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