Restatements of Indian Law

Although the press release from the Supreme Court of India about the Restatements of Indian Law appeared last October, I only recently noticed that the first three restatements were available for purchase. The first three restatement topics are: legislative privilege, contempt of court, and public interest litigation.

The restatements are a joint project of the Indian Law Institute and the Supreme Court Project Committee of Restatement of Indian Law.

The press release mentions that three separate publishers were selected for the restatements: Lexis Nexis-Butterworths; CCH,and Universal Law Publishing Co. In the future, it would be nice to have the restatements posted on the Legal Information Institute of India (LIIofIndia) or IndLII.

From the Press Release

http://pib.nic.in/newsite/erelease.aspx?relid=76582

Legislative Privilege – This subject was chosen partly on account of the sharp focus it brings to the principle of ‘checks and balances’ vis-a-vis the two important organs of State – the Legislature and the Judiciary.

 

Contempt of Court – The subject was chosen on account of the fact that the power of contempt is a necessary concomitant of a court of record. It must be exercised judiciously, in a manner that balances the need for preserving and upholding the rule of law as well as the integrity of the judicial system, while at the same time avoiding untoward incursions into that precious right of freedom of speech and expression.

 

Public Interest Litigation – The Committee chose ‘Public Interest Litigation’ as the third area for restatement on account of the unique contribution of the Supreme Court of India in facilitating access to justice by liberalizing the principle of locus standi. The circuitous journey of PIL and associated discrete judicial thoughts necessitated a clarion, which this restatement aims at.

French Law 2012-287: Database of Digitized 20th Century Books

Law 2012-287 was published in the Official Journal of France on March 2, 2012. The law, which amended France’s Intellectual Property Code, proposes building a free, public database of digitized books that were published in the 20th Century and are no longer in commercial distribution. The Bibliothèque national de France (BNF) would be in charge of creating and administering the database.

Publishers and rights holders will have 6 months to challenge inclusion of a book in the database. It also appears that after raising a challenge, publishers have three years to demonstrate a market for the book, or that they have created their own digitized version.

I did not see a specific appropriation of funds in the bill, so it is unclear to me how the BNF will finance the project.

Reaction on French law librarian mailing lists and blogs has been positive, but muted. Wait and see seems to be the prevailing sentiment.

Whether this bill leads to a free database or not, let’s hope that it spurs debate in France, Europe, and across the Atlantic, about the role of digitized books in society.

Law 2012-287 relative à l’exploitation numérique des livres indisponibles du XXe siècle.

http://www.legifrance.gouv.fr/jopdf/common/jo_pdf.jsp?numJO=0&dateJO=20120302&numTexte=1&pageDebut=03986&pageFin=03988

Full-text of the bill and links to legislative history materials are available at

http://www.assemblee-nationale.fr/13/ta/ta0865.asp

Some authors’ groups have already criticized the bill for ignoring copyright law. For example, see the petition circulated by writer Yal Ayerdhal:

http://www.petitionpublique.fr/?pi=P2012N21047

Additional commentary on the bill from the Rue89 blog

http://www.rue89.com/rue89-culture/2012/03/03/numerisation-des-livres-quon-nedite-plus-qui-y-gagne-229855

Expert Commentaries Posted on the China Guiding Cases Project

Stanford’s China Guiding Cases Project has recently posted two expert commentaries on the first batch of guiding cases released by the Supreme People’s Court. Both commentaries are available in English and Chinese.

Prof. Wang Chenguang of Tsinghua University School of Law comments on the differences between Chinese Guiding Cases and stare decisis in common law countries. Prof. Wang’s commentary also addresses some of the still unresolved issues of how courts will apply the Guiding Cases in practice.

https://cgc.law.stanford.edu/expert-commentary/2-professor-wang/

Chief Judge Jiang Heping of the First Civil Division of the Dongguan Municipality No. 2 People’s Court in Guangdong Province discusses the second Guiding Case, Wu Mei v. Meishan Xicheng Paper Co., Ltd. of Sichuan Province involving the role of settlements in the Chinese legal system. The case clarifies the distinctions among settlement, mediation, and adjudication in Chinese courts. Chief Judge Jiang’s court has been designated a “Court for National ADR Initiative” by the Supreme People’s Court.

https://cgc.law.stanford.edu/expert-commentary/1-judge-jiang/

The CGCP team is busy working on China law summaries on specific areas of law. Look for these to be posted soon on the Web site. The first law summaries will probably cover contract law, criminal law, environmental law, and alternative dispute resolution.

China Guiding Cases Project

https://cgc.law.stanford.edu/

Indian Legal Research Sites

A roundup of free Indian legal research resources:

Indian Kanoon

http://www.indiankanoon.org/

Full-text access to Supreme Court and state court case law.

Legal Information Institute of India

http://liiofindia.org/

part of wonderful WorldLII consortium and the Free Access to Law Movement.

India Legal Information Institute

http://www.indlii.org/

LegalSutra – Law Students’ Knowledge Base

http://legalsutra.org/

This site provides student generated class outlines and commentaries on specific legal issues.

LawKhoj

http://lawkhoj.com/

Indian legal search engine.

AdvocateKhoj Law Library

http://www.advocatekhoj.com/library/index.php

links to legislation, case law, legal conferences, information about Indian law schools, and attorney directories.

hat tip to Rob Richards and Anoop Vincent.

Stanford’s China Guiding Cases Project

On December 20, 2011, the Supreme People’s Court of the People’s Republic of China released its first batch of guiding cases (指导性案例).  This happened slightly more than a year after the Court issued the Provisions of the Supreme People’s Court Concerning Work on Guiding Cases (最高人民法院关于案例指导工作的规定) in November 2010.

The first batch of guiding cases consists of two civil cases and two criminal cases.  The China Guiding Cases Project (CGCP), an initiative of Stanford Law School founded by Dr. Mei Gechlik in early 2011 and advised by leading experts including justices from the U.S. Supreme Court and China’s Supreme People’s Court, is pleased to release its translation of 王志才故意杀人案 (WANG Zhicai, an intentional homicide case) (Guiding Case No. 4) (attached).

About the CGCP

The CGCP aims to advance knowledge and understanding of Chinese law and to enable judges and legal experts both inside and outside of China to contribute to the evolution of Chinese case law through ongoing dialogue on the guiding cases. The CGCP intends to make these cases quickly and easily accessible to English-speaking audiences outside China on its searchable website http://cgc.law.stanford.edu.  Visitors to the website will be able to post their thoughts about the cases and commentaries in Chinese and English, while “Question and Answer” sessions will permit readers and commentators to have more in-depth dialogues, again in Chinese and English.

To mark this historical moment in the development of the Chinese legal system, the CGCP will take the following steps this month:

Launch the CGCP website (http://cgc.law.stanford.edu) on Monday, January 9, 2012.  Translations of the other three guiding cases will be available then.  In addition, Judge JIANG (Michael) Heping, Chief Judge of the First Civil Division of the Dongguan Municipality No. 2 People’s Court in Guangdong Province, has contributed to the CGCP a commentary on Guiding Case No. 2.  Judge JIANG’s court has been identified as a Court for National ADR Initiatives by the Supreme People’s Court.  The Chinese and English versions of Judge JIANG’s commentary will also be posted on the CGCP website.
Hold a public event on Wednesday, January 18, 2012, 12:45 – 2 p.m., at Stanford Law School.  Dean Larry Kramer will commemorate the official launch of the CGCP and the public release of our official products.

To keep abreast of CGCP announcements and updates, please subscribe to the China Guiding Cases Project mailing list by visiting https://mailman.stanford.edu/mailman/listinfo/chinaguidingcasesproject.  Just enter your email address in the space provided and then click “Subscribe”.

The CGCP Team
Stanford Law School

Release of Initial Guiding Cases from the Supreme People’s Court of China

The Supreme People’s Court (SPC) of  China has released its first four guiding cases : two contract law and two criminal law cases.

上海中原物业顾问有限公司诉陶德华居间
Shanghai Zhongyuan Property Consultants Ltd. v. De-Hua Tao
This is a contract law opinion.

吴梅诉四川省眉山西城纸业有限公司买卖
Wu Mei v. West Side Paper Co., Ltd. Sichuan Meishan
Also a contract law case.

潘玉梅
Panyu Mei, Ning Bribery Case

王志才故意杀人案
Wang Intentional Murder Case

The SPC statement explaining the concept of guiding cases and links to the four cases in Chinese is available at :
http://www.chinacourt.org/html/article/201112/21/472164.shtml

The court announcement and additional information in Chinese can be found at:
http://www.court.gov.cn/xwzx/fyxw/zgrmfyxw/201112/t20111220_168538.htm
http://www.court.gov.cn/xwzx/jdjd/sdjd/201112/t20111220_168539.htm.

Stay tuned to Legal Research Plus for news about English translations and commentary on the initial batch of SPC Guiding Cases.

 

ICALIRDA Conference 2012 – Legal Information in India

International Conference on Access to Legal Information & Research in the Digital Age (ICALIRDA 2012)
February 29 – March 2, 2012

Organizers:
National Law University, Delhi
SAARC Law
Mohan Law House

Location:
Auditorium, National Law University, Delhi
Sector-14, Dwarka, New Delhi-110078 India

Main Theme:
International Conference on Access to Legal Information & Research in the Digital Age
(29 Feb-02 March 2012)

Sub Themes:
*   Legal Education and Research: Current Development in Digital Age
*   Role of ICT in Development of Comparative Jurisprudence
*   International Law and Globalization in Digital Age
*   Current Trends in Legal Publishing :IPR Issues & Challenges
*   Licensing for Digital Resources
*   Best Practices of Information & Knowledge Management in Libraries
*   Open Access Initiatives and Scholarly Publishing
*   Free Access to Law Movement: National & International Perspective
*   Access, Authorization and Authentication of Digital Web Information
*   Role, Relevancy and Research: Online Legal Databases

For additional information contact the Conference Convener, Priya Rai:
Ms. Priya Rai
Deputy Librarian,
Justice T.P.S.Chawla Library,
National Law University Delhi,
Sec-14 Dwarka, New Delhi-110078
Tel: 011-24533441,09811260504
icalirda2012@gmail.com

http://www.nludelhi.ac.in

hat tip to Aru Satkalmi.

Eunomía: Revista en Cultura de la Legaildad

Spanish publisher Tirant lo Blanch has released volume 1 of the peer-reviewed journal “Eunomía Revista en Cultura de la Legaildad.”
ISSN: 2253-6655.

The journal will publish interdisciplinary articles on philosophical, theoretical and scientific approaches to law and legal culture. Contributions from legal scholars, sociologists, philosophers, and political scientists around the world are welcome.

According to the editors’ open letter to readers and authors, Eunomia was the Greek goddess of “good order” or “good laws.” Eunomia  was often depicted as one of the three Horae, which included Dike (goddess of justice) and Eirene (goddess of peace).

Each journal issue consists of five parts:
1. Estudios – in-depth articles on specific topics.
2. Foro y Agora (forum and agora) – shorter, more topical pieces.
3. Voces de Cultura de la Legalidad  (voices of the culture of law) – explorations of legal concepts.
4. Releyendo (re-reading) – commentary on a classic legal text.
5. Rincón de lecturas (reading corner) – book reviews.

Full-text of journal content is freely available at

http://eunomia.tirant.com/

Table of contents of selected articles from volume 1:
Twelve Questions on Principia iuris
Multicultural Jurisdiction in the Liberal State: A Critical Assessment
In Defense of the Dignity of Law
2010 Amendment to the Spanish PenaI Code
Political Immunities in Italy: Between Protection Measures and Privilege
The Eradication of the Torture as a Legal Objective: the Highs and the Lows of the Contribution of  International Law

All articles are in Spanish, but abstracts and keywords are available in English.

Italian Society for the Study of Comparative Law

The latest issue of the “European Journal of Private Law” reports on the establishment in September 2010 of the Società Italiana per la Ricerca nel Diritto Comparato (SIRD)

Conference Report: The First Conference of the Società Italiana per la Ricerca nel Diritto Comparato (SIRD) on “The New Frontiers of Comparative Law” held in Milano
Nadia Coggiola
15 European Review of Private Law 687 (2011)

From the article:
Founded by several distinguised Italian scholars, among them to cite a few, Rodolfo Sacco, Antonio Gambaro, Guido Alpa, Giovanni Conso, Michele Graziadei, Alessandro Pizzorusso and Gustavo Zagrebelsky, SIRD now counts more than 200 members.

The role of comparative law in Italian universities is remarkable: Italian universities are the home of around 200 chairs in comparative law, and the subject is compulsory in every law degree programme.

Società Italiana per la Ricerca nel Diritto Comparato
Italian Society for the Study of Comparative Law

http://www.sirdcomp.it/

Top Employers for Energy Law in Germany

Azur magazine’s latest issue profiles the top law firms, corporations, and government agencies in Germany working on energy law. This issue also includes an article on energy project planning in Germany and the EU. All materials are in German.

Azur JUVE Karrieremagazin für junge Juristen
01/2011
Top-Arbeitgeber im Energiewirtschaftsrecht (Best Employers in Energy Law)
Parissa Kerkhoff
pages 57-61.

The article is not online, but Azur’s homepage is available at:

http://www.azur-online.de/nachrichten/