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This essay explores a radical shift in how the relationship between the power to punish and sovereignty has been conceived in modern American law; specifically focusing on the quiet death of comity as an operative principle in the exercise of criminal jurisdiction. While this essay attends to certain legal issues arising from historical intersections of federal, state and Indian sovereignty in the field of criminal law, this essay is not an attempt to directly evaluate the history of federal policies applied to Indian tribes or tribal lands. Nor is this essay in any strict sense a legal history of federal-tribal relations, or federal penal policy in relation to Indian tribes. Rather, I am concerned here with a series of liminal moments in the American legal tradition in which the power to punish came to be understood ever more one-sidedly, as an atomizing attribute of sovereignty rather than an identifying feature of community within a pluralistic legal framework.

As a part of the overhaul of the corporate governance norms, the Indian Government recently introduced class action suits for shareholders in India. This paper aims to analyze the efficacy of the existing legislation in its present form. It also examines whether the Indian law is equipped to handle the globalized markets, wherein shareholders are spread across different continents.

The paper relies on meta-analyses. This study analyzes the existing case laws, news reports and legislative materials.

The author, through her analyses, has concluded that the introduction of class action suits into the Indian corporate governance regime is only a half-hearted attempt. The Indian lawmakers have failed to learn from their foreign counterparts. There are no provisions to deter frivolous litigation. Furthermore, it is contentious whether the Indian law will be able to cater to transnational class action suits.

This paper is original. There is a scarcity of literature on Indian corporate governance norms. This paper examines the very nascent concept of class action suits in India. India has become an investment hub in the past decade. Therefore, this paper has practical implications in understanding the Indian legal setup, in comparison to its foreign counterparts.

In the last 10 years, India has amended its laws dealing with sexual offences against women with the changes ranging from increasing terms of imprisonment for the offence of rape to state-funded compensation schemes for women and child victims. In this regard, challenges persist for the agencies of the criminal justice system in India especially the courts to realise the vision of restorative justice as these forums have to navigate the relevant statutory provisions and binding precedents. This chapter seeks to analyse the challenges faced by courts in proper reintegration of victims and offenders of sexual offences, the institutional responses of the courts and suggests reforms to the criminal justice system in India in consonance with the principles of restorative justice acknowledged in the restorative justice movement in the international discourse.

The purpose of this paper is to identify various legal issues that affect libraries in India.

The method adopted in this study was to identify and analyze all cases filed in the Indian Supreme Court, High Courts and Tribunals and Commissions and reported in the Westlaw India database for the 10-year period from 2008 to 2017.

Among the identified cases that were related to libraries or library professionals, a large majority of them were issues related to service or employment such as pay scales, promotion, age of superannuation and service termination. There were very few cases related to library work, such as library access, services provided and copyright.

The current study is based on study of cases that have been reported and mentioned in Westlaw India Legal Database and occurring during the limited period from 2008 to 2017. The implications of the study are manifold, with the main implication being the urgent need to introduce basic legal education and training to library professionals. The other implication is the need to further research in this domain due to lack of sufficient studies on the topic and enrich the library and information science (LIS) literature.

This study would not only help create awareness about legal issues related to libraries and library professionals but also help in understanding the main areas of litigation involving libraries and library professionals. The study also makes a case for introduction of basic legal education for LIS professionals. The paper adopts a novel research approach that can be replicated by researchers in other countries to enable international comparisons.

Institutional arrangements, while constituting subject positions, also relegate others to inhabit unlivable abject positions. Such a perspective on identity begs the question on the possibilities of institutional reform given that abjects must seek recourse, if any, from the very institutions that marginalized them. One source for reform can be found in the functioning of institutional forums vested with performative powers, such as the Supreme Court. But how do these institutional forums legitimately bring about social transformation given that precedents bind them? To address this puzzle, we analyzed two Supreme Court rulings that showcase the performativity of institutions in materializing subject/abject positions, and the reforms that are possible. One is the 2015 US Supreme Court ruling providing marriage rights to same-sex couples. The other is the 2014 Indian Supreme Court ruling that legalized a third gender. An analysis of these two rulings and a comparison across them highlights the historical yet contingent nature of identity. The analysis also highlights “citational grafting” as a key mechanism underlying institutional reform, i.e., citations to earlier instances of social transformation serving as precedents for bringing about additional changes given new circumstances.

From a pedagogical point, the case may fulfill following objectives: First, to understand Vodafone’s position in the current environment. Does the environment present the elements that are necessary for them to thrive (as analyzed using a PESTEL framework)? Second, to understand the resources needed to build competitive advantage in an emerging market context (as analyzed using the Porter five forces model); and third, to understand the competitive challenges of conducting business in a highly (and sometimes capriciously) regulated industry.

The Indian Telecommunication sector is one of the fastest growing industries in the world. There are nine telecom operators who are pioneering this growth; however, five private companies: Bharti, Idea, Reliance, Aircel and Vodafone make up 78.86 per cent of the market. These five companies have the opportunity to increase their market share by expanding the services provided to rural India; however, the Indian Tax Authorities have caused some hesitation. Aside from being known as heavy handed and unpredictable, the authorities have also demanded that Vodafone pay them billions in taxes. These court cases have challenged the way that other telecom operators look at investing. The arrival of Reliance Jio as a new player in the Indian wireless space with deep pockets has not helped the already fierce competitive landscape. Reliance Jio is forcing all wireless companies including Vodafone to reevaluate their India strategy.

This case could be used in both MBA and executive education programs.

Teaching Notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.

CSS 11: Strategy.

The main aim of this paper is to analyze judicial system of Bangladesh, which comprises all courts and tribunals that performs the delicate task of ensuring rule of law in the society. The paper depicts the history and evolution of the judicial system in Bangladesh from ancient period to present day.

The study is qualitative in nature and based on secondary sources of materials like books, journal articles, government orders, rules, acts, newspaper reports, etc. Relevant literature has also been collected through internet browsing.

The major findings of this paper are: there is a well‐organized court system in Bangladesh which is in fact the replica of the system introduced by British rulers and it is widely accepted in the original Constitution of Bangladesh. The ancient judicial system was not based on rule of law rather on caprice and caste consideration. The executive branch of government always attempts to control the judiciary through different mechanisms, which include the appointment, tenure and discipline of judges from ancient period. Therefore, the independence of judiciary is vulnerable from ancient time to present day and even after separation of the judiciary from the executive (November 2007) the interference of the executive over the judiciary is still continuing.

This paper opens a new window for the policy makers and concerned authorities to take necessary steps for overcoming the existing limitations of judiciary.

The paper will be of interest to legal practitioners, policy makers, members of civil society, and those in the field of judicial system in Bangladesh and some other British colonial common law countries.

Digital platforms (DP) are transforming service delivery and affecting associated actors. The position of DPs is impacted by the regulations. However, emerging economies often lack the regulatory environment to support DPs. This paper aims to explore the regulatory developments for DPs using the multi-level perspective (MLP).

The paper explores regulatory developments of ride-hailing platforms (RHPs) in India and their impacts. This study uses qualitative interview data from platform representatives, bureaucrats, drivers, experts and policy documents.

Regulatory developments in the ride-hailing space cannot be explained as a linear progression. The static institutional assumptions, especially without considering the multi-actors and multi-levels in policy formulation, do not serve associated actors adequately in different times and spaces. The RHPs regulations must consider the perspective of new RHPs and the support available to them. Non-consideration of short- and long-term perspectives of RHPs may have unequal outcomes for established and new RHPs.

This research has implications for the digital economy regulatory ecosystem, DPs and implications for policymakers. Though the data from legal documents and qualitative interviews is adequate, transactional data from the RHPs and interviews with judiciary actors would have been insightful.

The study provides insights into critical aspects of regulatory evolution, governance and regulatory impact on the DPs’ ecosystem. The right balance of regulations according to the business models of DPs allows DPs to have space for growth and development of the platform ecosystem.

This research shows the interactions in the digital space and how regulations can impact various actors. A balanced policy can guide the paths of DPs to have equal opportunities.

DP regulations have a complex structure. The paper studies regulatory developments of DPs and the impacts of governance and controls on associated players and platform ecosystems.

Corruption in India reached a crescendo between 2011 and 2013, with the exposure of the 2G Spectrum scandal and the “Coalgate” report fiasco at the top of all recent events. The largest working democracy is under the scanner. As the third largest economy in Asia, a nuclear power, and an information technology powerhouse, India has a lot to clean up. Current experience shows the failure of the top investigative agencies and the lack of political will to tackle corruption. The spate of high-level corruption scandals has also led to a popular movement in 2011, which also fizzled out, including the newly introduced “Anti-Corruption, Grievance Redressal and Whistleblower Protection Act, 2011.” This chapter examines the several issues involved.