The Indian Legal Profession in the Age of Globalization

The Indian Legal Profession in the Age of Globalization
Author: David B. Wilkins
Publisher: Cambridge University Press
Total Pages:
Release: 2017-05-23
Genre: Law
ISBN: 110821102X

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.

The Child and the State in India

The Child and the State in India
Author: Myron Weiner
Publisher: Princeton University Press
Total Pages: 227
Release: 1991
Genre: History
ISBN: 0691018987

India has the largest number of non-schoolgoing working children in the world. Why has the government not removed them from the labor force and required that they attend school, as have the governments of all developed and many developing countries? To answer this question, this major comparative study first looks at why and when other states have intervened to protect children against parents and employers. By examining Europe of the nineteenth century, the United States, Japan, and a number of developing countries, Myron Weiner rejects the argument that children were removed from the labor force only when the incomes of the poor rose and employers needed a more skilled labor force. Turning to India, the author shows that its policies arise from fundamental beliefs, embedded in the culture, rather than from economic conditions. Identifying the specific values that elsewhere led educators, social activists, religious leaders, trade unionists, military officers, and government bureaucrats to make education compulsory and to end child labor, he explains why similar groups in India do not play the same role.

The Right to Education in India

The Right to Education in India
Author: Florian Matthey-Prakash
Publisher: Oxford University Press
Total Pages: 301
Release: 2019-08-22
Genre: Law
ISBN: 0199097054

What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question barely received any attention. The book identifies justiciability—or, more broadly, enforceability—as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the State; otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability remains unfulfilled. It deals with the possible alternative means the State may provide for the poor to claim the benefits under Article 21A, and identifies the grievance-redress mechanism created by the ‘Right of Children to Free and Compulsory Education Act, 2009’ as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.

India's Founding Moment

India's Founding Moment
Author: Madhav Khosla
Publisher:
Total Pages: 241
Release: 2020
Genre: Constitutional history
ISBN: 0674980875

"How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--

Paper Tiger

Paper Tiger
Author: Nayanika Mathur
Publisher: Cambridge University Press
Total Pages: 215
Release: 2016
Genre: Business & Economics
ISBN: 1107106974

Paper Tiger shifts the debate on state failure and opens up new understanding of the workings of the contemporary Indian state.

Corporal Punishment in U.S. Public Schools

Corporal Punishment in U.S. Public Schools
Author: Elizabeth T. Gershoff
Publisher: Springer
Total Pages: 125
Release: 2015-01-27
Genre: Psychology
ISBN: 3319148184

This Brief reviews the past, present, and future use of school corporal punishment in the United States, a practice that remains legal in 19 states as it is constitutionally permitted according to the U.S. Supreme Court. As a result of school corporal punishment, nearly 200,000 children are paddled in schools each year. Most Americans are unaware of this fact or the physical injuries sustained by countless school children who are hit with objects by school personnel in the name of discipline. Therefore, Corporal Punishment in U.S. Public Schools begins by summarizing the legal basis for school corporal punishment and trends in Americans’ attitudes about it. It then presents trends in the use of school corporal punishment in the United States over time to establish its past and current prevalence. It then discusses what is known about the effects of school corporal punishment on children, though with so little research on this topic, much of the relevant literature is focused on parents’ use of corporal punishment with their children. It also provides results from a policy analysis that examines the effect of state-level school corporal punishment bans on trends in juvenile crime. It concludes by discussing potential legal, policy, and advocacy avenues for abolition of school corporal punishment at the state and federal levels as well as summarizing how school corporal punishment is being used and what its potential implications are for thousands of individual students and for the society at large. As school corporal punishment becomes more and more regulated at the state level, Corporal Punishment in U.S. Public Schools serves an essential guide for policymakers and advocates across the country as well as for researchers, scientist-practitioners, and graduate students.