Inefficiencies Of The Differential Rights Voting Regime
Law School Policy Review
by Law School Policy Review
2d ago
Chytanya S Agarwal* India Business Law Journal Using a Law and Economics approach, this essay argues that the regulatory framework of Differential Voting Rights (DVRs) in India is not Kaldor-Hicks efficient. Despite the potential benefits of DVRs, the current regulations considerably restrict the adoption of DVRs by companies. At the same time, they overlook similar non-share-based structures, leading to increased agency costs. To rectify this two-sided inefficiency, the author suggests a balanced solution: easing the regulations for share-based DVRs while expanding their scope to cover non-s ..read more
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Need for a Digital Copyrights Act: Adjusting to the New Normal
Law School Policy Review
by Law School Policy Review
2w ago
Shashwat Dubey* Disruptive AI Technologies have posed complex challenges to the existing copyrights framework under the Copyrights Act, 1957 in India. This includes the lack of regulatory mechanism to affix intermediaries’ liabilities, who have been safeguarded by the safe harbour provisions and the infringement of copyrighted works in the virtual reality spaces like metaverse. Furthermore, it is increasingly becoming difficult to distinguish between humans and AI for the ownership of copyright works as generative AI is transforming and producing creative works of art through deep machine le ..read more
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“Banking On Rights: The World Bank’s Freeze On Loans In Uganda Amid Anti-Gay Laws – A Watchdog For Human Rights?”
Law School Policy Review
by Law School Policy Review
2w ago
Anjali Jena* & Himanshu** Credits- Al Jazeera The World Bank’s decision to suspend new loans to Uganda in response to the Anti-Homosexuality Act has sparked global debate. While praised for defending LGBTQ+ rights, critics highlight inconsistencies in the Bank’s approach across nations with similar laws. This paper examines Uganda’s legislation, historical context, and the World Bank’s response, questioning its moral authority and suggesting a nuanced approach. It addresses counterarguments, emphasizing the complex intersection of economic decisions and human rights. Ultimately, it calls ..read more
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Peering Through Closed Doors, Scheduled Classes Struggle With The Collegium
Law School Policy Review
by Law School Policy Review
2w ago
Hardik Kuldeep* The Judiciary is difficult to hold accountable as it enjoys broad independence and lacks transparency. It appoints Judges in the Higher Judiciary through the Collegium system, which is not beholden to any accountability mechanism. The Scheduled Classes find it uniquely challenging to succeed in sectors with high nepotistic tendencies, as they have been historically underrepresented in these fields. This piece goes over the reasons for such underrepresentation and the issues it causes to society. It also provides different mechanisms that can be put in place to better hold the ..read more
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Are Smart Contracts Really Smart?
Law School Policy Review
by Law School Policy Review
1M ago
Sanhita Chauriha* Smart contracts are self-executing contracts with the terms of the agreement directly written into code. Operating on blockchain technology, they automatically execute and enforce contractual clauses, eliminating the need for intermediaries. Smart contracts enhance transparency, security, and efficiency in various decentralised applications that have their shortcomings. This article delves into the characteristics and operational intricacies of smart contracts. Additionally, it examines the legal frameworks in India and other jurisdictions such as the USA, UK, and Sing ..read more
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Panel Discussion on the N.N. Global Judgement with Darius Khambata and Nakul Dewan
Law School Policy Review
by Law School Policy Review
1M ago
Currently, the event is scheduled for 7:30 P.M. on Wednesday (10 January 2024). The registration link for the same is as follows: https://us02web.zoom.us/webinar/register/WN__NgQwMMQRx-YMWghBREhiw. Introduction On 13 December 2023, a distinguished 7-judge-bench of the Supreme Court overruled the precedent set by M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. And Ors, affirming the enforceability of arbitration clauses in agreements lacking proper stamping. Notably, such agreements, though enforceable, are precluded from being admissible as evidence until the defect is cu ..read more
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Impleading Non-Signatories to the Arbitration Agreement: Examining the Tussle Between Consent and Non-Consent-Based Theories in the Context of Arbitration Act
Law School Policy Review
by Law School Policy Review
1M ago
Akash Kumar Surya* The paper explores the debate between using consent-based doctrines like Group of Companies (GOC) Doctrine and non-consent-based doctrines like alter ego to implead a non-signatory to an arbitration agreement. This debate is explored in the context of the Arbitration and Conciliation Act in light of the recently delivered Supreme Court judgement in Cox and Kings II. The paper attempts to justify the adoption of consent-based doctrines to the exclusion of others in the Indian jurisprudence by employing the framework of Exclusive Legal Positivism. It scrutinizes the present ..read more
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A Case for Recognising Professional Esports Players as Employees of their Game Publisher
Law School Policy Review
by Law School Policy Review
2M ago
Gracy Bhattacharya* The esports industry has witnessed an exponential rise in its popularity and generated colossal amount of revenue in recent times. In addition to the booming market, the organised nature of esports involving teams, coaches, professional players, franchises and massive fandoms have placed competitive gaming at par with traditional sports. Although the industry is at its nascent stage, questions have been raised about the contractual terms and labour laws concerning professional esports players. Through this piece, I seek to explore the possibility of classifying profession ..read more
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Building Artificial Intelligence with ‘Artificial’ Data:  Fake it Until You Make it? (Part II)
Law School Policy Review
by Law School Policy Review
2M ago
Dr. Deborshi Barat* While artificial intelligence (AI) relies on the availability of vast datasets, the legality of using copyrighted material and/or protected personal information is unclear. Accordingly, this note explores the possibility of reconciling social needs in terms of training AI models with protectionist regimes (involving intellectual property or privacy laws) by using ‘artificially’ generated information. This is Part II of a two part article IV.       Navigating Legal and Practical Challenges While the introduction of synthetic data into th ..read more
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Building Artificial Intelligence with ‘Artificial’ Data:  Fake it Until You Make it? (Part I)
Law School Policy Review
by Law School Policy Review
2M ago
Dr. Deborshi Barat* While artificial intelligence (AI) relies on the availability of vast datasets, the legality of using copyrighted material and/or protected personal information is unclear. Accordingly, this note explores the possibility of reconciling social needs in terms of training AI models with protectionist regimes (involving intellectual property or privacy laws) by using ‘artificially’ generated information. This is the Part I of a two part article. I.        Background The success of artificial intelligence (“AI”) systems and machine lear ..read more
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