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28 Apr 2020, 4:20 am by Immigration Prof
Citizenship and the Constitution by Gautam Bhatia Abstract This article examines the vision of citizenship set out in Part II of the Indian Constitution, through a close reading of the Constituent Assembly Debates. [read post]
1 May 2018, 5:31 am by CrimProf BlogEditor
Gautam Bhatia has posted Privacy and the Criminal Process: Selvi v State of Karnataka on SSRN. [read post]
12 Dec 2019, 9:30 pm by Mitra Sharafi
Gautam Bhatia (practicing lawyer and independent scholar) has published The Transformative Constitution: A Radical Biography in Nine Acts with HarperCollins India. [read post]
18 Sep 2016, 10:16 am
  Bhatia should not have skirted this debate.Some of Bhatia’s other individual views appear to be ideological and are not adequately rationalized. [read post]
11 Aug 2015, 11:44 am by Media Law Prof
Gautam Bhatia, Yale University Law School, has published Fair Use, the Three-Step Test, and Access to Knowledge: A Doctrinal, Rights-Based Approach. [read post]
15 Nov 2016, 6:03 am
Morse, Contribution to Global Constitutionalism Symposium Articles Gautam Bhatia, Freedom from community: Individual rights, group life, state authority and religious freedom under the Indian Constitution Stefan Kroll, Zooming in on norm research: Towards a suitable scale for the Shanghai Mixed Court Chris Thornhill, The global legal system and the procedural construction of constituent power [read post]
29 Apr 2019, 4:05 am by Howard Friedman
Crawford & Emily Gold Waldman, Ministerial Magic: Tax-Free Housing and Religious Employers, (University of Pennsylvania Journal of Constitutional Law Online, Forthcoming).Amanda Harmon Cooley, Justiciability and Judicial Fiat in Establishment Clause Cases Involving Religious Speech of Students, (March 30, 2019).Gautam Bhatia, Religious Speech, (The Oxford Handbook for Free Speech (Forthcoming)).Nicholas Aroney & Benjamin Saunders, Freedom of Religion in Australia, (in… [read post]
31 Jan 2016, 8:15 am
Gautam Bhatia's book is a fascinating exploration of the principles and issues involved in free speech jurisprudence. [read post]
11 Feb 2019, 4:00 am by Howard Friedman
, (Review of European Administrative Law; Vol. 10, Nr. 2, 47-73 (2017).Gautam Bhatia, Caste and the Law (January 30, 2019).From SmartCILP:Jamal Greene, Rights As Trumps? [read post]
20 Nov 2017, 4:00 am by Howard Friedman
From SSRN:Preyanun Steannopkao, Phramaha Boonsri Yanavuddho, Suchao Ploychum & Chamnong Kanthik, An Integration of Buddhadharma in Performing Duties of Thai Lawyers, (PSAKU International Journal of Interdisciplinary Research (PSAKUIJIR), Vol. 5, No. 2, (July-December 2016)).Richard Albert & Yaniv Roznai, Religion, Secularism and Limitations on Constitutional Amendment, (Edward Elgar Research Handbook on Law & Religion (Rex Ahdar, editor, 2018 Forthcoming)).Gautam… [read post]
10 Oct 2019, 10:19 am
Contents include:Hans Corell, UN Security Council Reform—The Council Must Lead by Example Michael Wood, Lessons from the ILC’s Work on ‘Immunity of State Officials’: Melland Schill Lecture, 21 November 2017 Mohit Khubchandani, The United States and the Paris Agreement on Climate Change Andrea Carcano, On the Governance of International Judicial Institutions: The Development of Performance Indicators for the International Criminal Court Carolin Mai Weber, Protection and Use of… [read post]
10 Jan 2020, 9:30 pm by Karen Tani
Legal scholars and historians on the uproar over changes to India's citizenship laws: read this by Shubhankar Dam, this by Rohit De and Surabhi Ranganathan, this by Madhav Khosla, this by Gautam Bhatia, and this by Neeti Nair. [read post]
7 Mar 2016, 4:00 am by Howard Friedman
France and the French Burkha Ban: Public Moral Order of Laïcité and the Struggle Against Disloyal Groups, (February 24, 2016).Gautam Bhatia, A Right to Faith: Individual, Community, State and Religious Freedom Under the Indian Constitution, (February 28, 2016).Mary Anne Case, The Role of the Popes in the Invention of Complementarity and the Vatican's Anathematization of Gender, (Forthcoming Religion and Gender Habemus Gender Special Issue 2016).Naveed… [read post]
13 Apr 2018, 9:30 pm by Karen Tani
”  More.At the Indian Constitutional Law and Philosophy blog: a recent online roundtable discussion of Ornit Shani's book, How India Became Democratic (announced on the blog here), featuring essays by Suhrith Parthasarathy, Anupama Roy, and blog host Gautam Bhatia, along with a response from the author. [read post]
13 Aug 2009, 8:26 am
Union of India * The Law * The Parties * The Bench * The Rationale * Conclusion * Basis of Ruling * Territorial Applicability of the judgmentBackground: The Naz JudgmentOutline of Arguments on behalf of Voices against 377Edited Transcripts of the final arguments before the Delhi High CourtCommentaries * On Freedom's avenue, Gautam Bhan * Reforming Macaulay, Kajal Bharadwaj * India: From 'perversion' to right to life with dignity, Kalpana Kannabiran *… [read post]
11 Feb 2016, 2:00 am
This draft of the Bill has benefited significantly from helpful comments from the discussants at the workshop—Shyam Babu, Jayna Kothari, Saumya Uma, Vidhu Verma, Siddharth Narrain—and from many other lawyers and activists (especially Gautam Bhatia and Danish Sheikh). [read post]
15 Apr 2014, 1:41 pm
In the process, as Gautam Bhatia notes at http://indconlawphil.wordpress.com/2014/04/15/nalsa-v-uoi-the-supreme-court-on-transsexuals-and-the-future-of-koushal-v-naz/, it proves fatal to Koushal's argument which was built on a false distinction between sexual acts and sexuality identity so as to keep from identifying homosexuals as a class and consequently the protection of Article 14 and 15. [read post]
19 Jul 2018, 1:56 am by Badrinath Srinivasan
So, scheme of the provision aims at keeping the supervisory role of the court at minimum level” (paragraph 18) [emphasis supplied].Public policy – fundamental policy of Indian law violated if damages for breach of contract claim automatically awarded without evidence being offeredAnila Gautam Jain v Hindustan Petroleum Corporation Limited (Bombay High Court, 03 May 2018)Brief facts: Anila Gautam Jain (appellant) challenged an arbitral award under section 34 of the Act… [read post]
25 Feb 2016, 8:07 pm
(Guest post by Shreya Atrey) On a friend’s invitation, I attended a Sabbath service at her synagogue, which is part of the Jewish Renewal movement. [read post]