Publications

Vishal Tiwari v Union of India

                          Citation: WP(C) No. 162 of 2023 FACTS In the given case, Hindenburg Research established by Nathan Anderson in 2017 is a scientific monetary research firm which examines equity, credit and derivatives. It has a history of tracking down corporate facades, crimes and putting down wagers against the organizations. The Hindenburg Report submitted on January …

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Insolvency and Online Dispute Resolution In India’s Evolving Legal Landscape

Abstract   India’s overburdened courts, combined with the rise of digital technologies, necessitate the exploration of alternative avenues for resolving insolvency cases. This paper looks at how the Insolvency and Bankruptcy Code (IBC) intersects with Online Dispute Resolution (ODR) in India’s legal system. Despite the IBC’s emphasis on time-bound resolution, we cannot ignore ODR’s potential …

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Privacy and Data Rights in IoT-Related Inventions

Abstract The Internet of Things (IoT) ecosystem has revolutionized modern industries by enabling seamless connectivity and data exchange. However, the proliferation of IoT devices has raised critical concerns regarding privacy and data rights. This research explores the multifaceted challenges surrounding data security, ethical considerations, and regulatory frameworks in IoT-related inventions. It reviews existing literature, identifies …

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Global Perspectives on Euthanasia: A Comparative Study of Legal Frameworks Across Countries

Abstract “To be, or not to be, that is the question.” This line of Shakespeare really speaks to the ethical and legal dilemmas concerning euthanasia in today’s world. So what does Euthanasia basically mean. Euthanasia refers to the intentional ending of a life to relieve suffering. It remains one of the most contentious issues around …

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GAMING, E-SPORTS AND SPORTS LAW THE EVOLUTION OF A NEW LEGAL ASPECT- LAWS WITH SPORTS

ABSTRACT The world is moving toward a fast and vast digitalized era and new laws are emerging continuously. While people are busy reading the Constitution, Indian Penal Code or any other what can I say prevalent and orthodox laws but meanwhile new legal aspects are coming into the picture blowing people’s minds. I personally do …

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A Critical Evaluation of the Right to be Forgotten in the Context of the 2023 Digital Personal Data Protection Act

ABSTRACT The “Right to be Forgotten” (RTBF) allows individuals to request the erasure of their personal data from online sources. This concept is also known as the “right to erasure,”. This right empowers people to have their information removed when its purpose is served or it becomes inaccurate. In India RTBF is enshrined in Section …

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Delhi Metro Rail Corporation Ltd V. Delhi Airport Metro Express Pvt. Ltd. (2024)

FACTS The instant case dealt with the curative petition filed by Delhi Metro Rail Corporation Ltd (DMRC) under Article 142 of the Constitution. The respondent of this case is Delhi Airport Metro Express Pvt. Ltd. ( DAMEPL). Both these parties entered into an agreement in 2008, for providing metro connectivity between Indira Gandhi International Airport …

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The Role of the Securities and Exchange Board of India (SEBI) in Regulating the Securities Market: An Analytical Perspective on its Effectiveness and Challenges

Abstract The Securities and Exchange Board of India (SEBI) serves as the principal regulatory authority overseeing India’s securities market, ensuring its proper functioning and protecting the interests of investors. Since its inception, SEBI has played a significant role in fostering market transparency, preventing fraudulent practices, and maintaining investor confidence. This paper delves into SEBI’s regulatory …

The Role of the Securities and Exchange Board of India (SEBI) in Regulating the Securities Market: An Analytical Perspective on its Effectiveness and Challenges Read More »

Balram Garg v. Securities and Exchange Board of India

Facts  The case of Balram Garg v. Securities and Exchange Board of India (SEBI) revolves around allegations of insider trading involving the securities of PC Jeweller Ltd, a well-known jewelry company in India. Balram Garg, a key promoter and former Director of PC Jeweller, was accused by SEBI of using non-public, price-sensitive information to engage …

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TITLE: The Importance of Land Acquisition in Economic Development and the Role of Government and Judiciary in Ensuring Fair Compensation under Land Acquisition Act, 2013  

ABSTRACT   Land acquisition act as a back bone for the Indian economic development. Where central government plays a major role by balancing the economic development of the country and also provides fair compensation for the people who have contributed their land for land acquisition for public purpose. This research paper examines the role of both …

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The Impact of Decriminalizing Minor Offenses on Judicial Efficiency, Economic Growth, and Social Equity in India

Abstract The overworked Indian juridical system is not able to handle the rising number of cases, presently over forty million a report from the Supreme Court of India. This paper looks at how decriminalization of minor offenses can contribute to elimination of such backlogs, enhance economic growth and tackle social injustice for those groups of …

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TRACING THE REGULATIONS PROMOTING ELE CTRICAL VEHICLES IN INDIA

BY- AYUSH RAJ Abstract The evolution of regulations promoting electric vehicles (EVs) in India is a step towards achieving sustainable development in examining policies, the impacts on the automotive industry, and the role of government initiatives in boosting EV adoption. Key policies, such as the National Electric Mobility Mission Plan (NEMMP) 2020 and the Faster …

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SUKANYA SHANTHA VS. UOI & ORS. 2024 INSC 753

FACTS Sukanya Shantha, a journalist, filed a Public Interest Litigation (PIL) before the Supreme Court of India, highlighting the pervasive caste-based discrimination within Indian prisons. Her petition was based on her investigative article, “From Segregation to Labour, Manu’s Caste Law Governs the Indian Prison System,” published in December 2020. The petition specifically pointed out discriminatory …

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CASE COMMENT: STATE OF U.P. vs M/S. LALTA PRASAD VAISH AND SONS

Judges D.Y. Chandrachud CJI Hrishikesh Roy J A.S. Oka J B.V. Nagarathna J J.B. Pardiwala J Manoj Misra J Ujjal Bhuyan J S.C. Sharma J A.G. Masih J Parties Appellant: State of Uttar Pradesh through the Principal Secretary UP Government Excise Department; the Excise Commissioner UP; District Excise Officer/Collector Lawyers: Senior Advocate Dinesh Dwivedi, Advocate …

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Legal Challenges in Regulating Online Gaming and Gambling in India

This study explores the complex legal issues surrounding gambling and online gaming regulation in India. Significant flaws in India’s legal system have been made clear by the quick expansion of the digital gaming industry and the growing acceptance of online gambling. The complexity of digital platforms is not adequately addressed by the antiquated Public Gambling …

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Micro Finance and Economic Justice

2. ABSTRACT  This paper attempts to explore the relevance of microfinance, a critical tool for the pursuit of enhanced financial inclusion and economic growth in India, with greater opportunities for low-income and socially marginalized populations. MFIs provide low-income communities with easy access, collateral-free loans for achieving security in their finances and eventually promoting small enterprises …

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THE AMIKUS QRIAE “MINORITIES RIGHT ON EDUCATIONAL INSTITUTIONS”

RESEARCH PAPER ON- “MINORITIES RIGHT ON EDUCATIONAL INSTITUTIONS”   SUBMITTED BY                                                        MOHD FARHAN   ASIAN LAW COLLAGE   NOIDA    MINORITIES RIGHT ON EDUCATIONAL INSTITUTIONS By Mohd Farhan * ABSTRACT Human development is largely dependent on education, which is “the most powerful weapon which you can use to change the world.”  ~Nelson Mandela  Understanding the value of education and …

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TERRITORIAL INTEGRITY AND SOVEREIGNTY: THE LEGAL DELIMA

ABSTRACT International law refers to the body of legal rules, norms, and standards that are applicable between sovereign states and other entities that are legally recognized as international actors. The International law governing the particular aspect concerning territorial integrity and sovereignty is very vague. Because of this characteristic, it is very much in debate now …

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Challenge to the Abrogation of Article 370: A Comprehensive Legal and Constitutional Analysis

On August 5, 2019, the Government of India initiated a series of measures that effectively abrogated Article 370 of the Indian Constitution, ending the special status accorded to Jammu and Kashmir (J&K). This controversial decision, executed during President’s Rule, fundamentally altered the constitutional relationship between J&K and the Union of India. It also triggered widespread …

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“In Re Prashant Bhushan & Anr.”

Case: In Re Prashant Bhushan & Anr. (2020) Parties:  Petitioner: Supreme Court of India (suo moto proceedings)                Respondents: Prashant Bhushan (Advocate) and Twitter, Inc. Case Type: Suo Moto Criminal Proceeding Bench: B.R. Gavai J, Krishna Murari J, Arun Mishra J Counsel:   Citation: 2020 SCC OnLine SC 663 Final Judgment Date: August 31, 2020 FACTS OF THE CASE Introduction to …

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JOURNEY OF ARTICLE 370

ABSTRACT Article 370 of India which gave Jammu and Kashmir a special status had been abrogated by the union government on 6 August,2019 and Jammu and Kashmir Reorganization Act , 2019 was passed resulting in bifurcating Jammu and Kashmir and Ladakh and forming two union territories i.e Jammu and Kashmir, the one territory and Ladakh …

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“Balancing Security and Privacy: The Constitutional Implications of Drone Surveillance in the Digital Age.”

ABSTRACT The integration of drone technology into the framework of security has raised many questions about whether those measures are in line with constitutional safeguards or not because drones in India incorporate forms of monitoring that have been gradually enculturated. The right to privacy protected by the Indian Constitution will be exposed by drone surveillance. …

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Blockchain in Corporate Governance 

ABSTRACT This is a study on the revolutionary capability of blockchain technology in corporate governance and what that portends for current legal systems. Blockchain, in offering decentralized and immutable sources of information, opens new avenues to heighten transparency, operational efficiency, and accountabilities within frameworks for corporate decision-making. However, bringing this technology within folds poses crucially …

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A Differential Study On the extent of Gender Neutrality In Indian Criminal Statutes.

ABSTRACT The paper examines how the criminal statutes in India promote gender neutrality, taking into consideration the BNS, which replaced IPC in the year 2024. Sections like 354A (sexual harassment) and 498A (marital cruelty), restricted protections to women while neglecting male and non-binary victims, leading to biases and misuse. Positive changes, like replacing “minor girl” …

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PSYCHIATRIC ILLNESS AND CRIMINAL BEHAVIOR – PUNISHMENT AND REHABILITATION OF THE MENTALLY ILL OFFENDERS

ABSTRACT Mental illness has been a very crucial topic in the society. Often people are unable to recognize their mental instability. This paper explores on the mental illness found among people and behavioral changes which leads to commission of crimes. The relationship between crime and the mental illness of the offender has been a highly …

PSYCHIATRIC ILLNESS AND CRIMINAL BEHAVIOR – PUNISHMENT AND REHABILITATION OF THE MENTALLY ILL OFFENDERS Read More »

Balancing Freedom of Speech and Hate Speech Regulation in the Digital Age

Abstract The balance between freedom of speech and hate speech regulation has become a critical challenge in the digital age, where the proliferation of online platforms amplifies both democratic discourse and harmful rhetoric. This research paper examines the intricate tension between safeguarding the right to free expression and addressing the societal harm caused by hate …

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Evolving legal standards for data privacy in the Digital Age

Abstract In the digital era, rapid technological progressions have revolutionized the landscape of data gathering, processing, and storage, prompting substantial worries about data privacy. This abstract investigates the changing legal requirements for data privacy, analysing how different jurisdictions are altering their regulatory frameworks to handle the complexity brought on by current technology. Traditional privacy rules, …

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CASE TITLE: Sunita Devi vs State of Bihar & Anr.

Appellant: Sunita Devi Respondent: State of Bihar Judgment Date: May 2024Court: Supreme Court of IndiaBench: Justice MM Sundresh and Justice SVN BhattiRelevant Citation: 2024 INSC 448Legal Provisions Involved: Protection of Children from Sexual Offences (POCSO) Act, Criminal Procedure Code (CrPC), 1973. Introduction The case of Sunita Devi vs. State of Bihar (2024) deals with the …

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THE STATE OF PUNJAB & ORS. VS. DAVINDER SINGH & ORS. 2024 INSC 562

DATE OF JUDGMENT: 1 August, 2024  FACTS & BACKGROUND:  50% for Balmiki & Mazhabi Sikhs 50% for the other SC categories  Recognition of sub-divisions for social & educational backward classes  Comparable for SC, ST, SEBCs  7 was ruled for the bench  ISSUES RAISED:  CONTENTIONS: Petitioner –  Respondent –  RATIONALE: DEFECTS OF LAW:  INFERENCE:  The Supreme …

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SECURITIES AND EXCHANGE BOARD OF INDIA Vs. R.T. AGRO PRIVATE LIMITED & ORS

About the case  A related party transaction involving the purchase of 40,000 square feet of residential space by R.T. Exports Limited and Neelkanth Realtors Private Limited was put out and needed shareholder approval. Section 188 of the Companies Act, 2013 obliged linked parties to abstain from voting, and on July 15, 2014, a special resolution …

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CASE COMMENT: Pattu Rajan & Ors. V. The State of Tamil Nadu, 2019

Court- Hon’ble Supreme Court of India Bench- Justice Indira Banerjee, Justice Mohan M. Shantanagoudar, Justice N.V. Ramana Decided on: 29th march, 2019 Parties Appellant- Pattu Rajan Respondent- State of Tamil Nadu  FACTS    ISSUES RAISED CONTENTION  BY APPELLANT  BY RESPONDENT RATIONALE  The rationale in this case lies on the application of critical interpretation of legal principles and …

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GAMBLING IN INDIA: A HISTORICAL AND LEGAL PERSPECTIVE 

Abstract  Gambling in India has deep historical roots, with references found in ancient epics like the Ramayana and Mahabharata. While traditionally dated around 430 BC, evidence suggests gambling may have been practiced as early as 7300 BC. Contrary to the belief that gambling was introduced by Europeans, India had its own gambling traditions and regulatory …

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MAINTENANCE RIGHTS OF MUSLIM WOMEN AND MAINTENANCE UNDER BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (BNSS)

ABSTRACT  In India women have a right of maintenance from her husband and therefore there are various laws present for the same including some personal laws based on their religion like Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 144 of Bhartiya Nagarik Suraksha Sanhita, 2023. The rights guaranteed to women, especially in …

MAINTENANCE RIGHTS OF MUSLIM WOMEN AND MAINTENANCE UNDER BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 (BNSS) Read More »

Case Commentary on Pravasi Bhalai Sangathan v. Union of India

Introduction In recent years, the surge of hate speech in political and public discourse has threatened the social fabric of India. The case of Pravasi Bhalai Sangathan v. Union of India (2014) addressed this issue, questioning whether the existing legal framework can sufficiently curb hate speeches made by political and religious leaders. Filed under Article …

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Emerging Trends in Open-Source Licensing and Intellectual Property 

Abstract  The software development and distribution landscape has been transformed by open-source licensing, nurturing an environment of shared effort, openness, and creativity. This study investigates current trends in open-source licensing and their relationship with intellectual property (IP) law. It analyses the progression of open-source licenses, emphasizing the distinctions between permissive and copyleft approaches, and the …

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ANALYZING THE LEGAL CHALLENGES OF ONLINE DISINFORMATION AND FAKE NEWS REGULATION.

ABSTRACT : The swift spread of false information and fake news on the internet poses serious problems for legal systems around the world, requiring a thorough examination of legislative solutions and their ramifications. The complicated legal environment surrounding the control of digital disinformation is examined in this study, with particular attention to three main issues: …

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CASE COMMENT BAR COUNCIL OF INDIA V. BONNIE FOI LAW COLLEGE

2023 SCC ONLINE SC 130 DATE OF JUGDMENT: 20th September 2024 A. Velan and Navpreet Kaur for the Petitioner Ardhendumauli Kumar Prasad for the Respondent HON’BLE SUPREME COURT OF INDIA Chief Justice of India DY Chandrachud, Justice JB Pardiwal and Manoj Misra Petition filed under Article 32 of Indian Constitution. INTRODUCTION This case primarily revolves …

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THE RISE OF ONLINE DEFAMATION: A LEGAL PERSPECTIVE

ABSTRACT:  Online defamation, driven by the rapid expansion of the internet and social media platforms, presents new challenges to reputation protection in India. As more individuals and public figures become victims of defamatory content online, Indian Penal Code, 1860 Information Technology Act, 2000 and newly introduced legislations like Bharatiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha …

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Bharatiya Nyaya Sanhita: Comparative Legal Framework

Abstract Criminal law in India is primarily governed by the Indian Penal Code (IPC) of 1860, which now has been reformed to Bharatiya Nyaya Sanhita (BNS) of 2023 which outlines a comprehensive set of offences and their corresponding punishments. The IPC along with the Bharatiya Nagarik Suraksha and Bharatiya Sakshya Adhiniyam forms the backbone of …

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BREAKING THE CLIMATE DEADLOCK: HOW INTERNATIONAL LAW CAN SAVE OUR PLANET?

Abstract International law is currently leading the approach towards achieving reduction of the dreadful impact of the climate crisis globally. As part of this research, the following questions are answered: This research analyses legal perspectives on combating global warming dating back to the Stockholm Conference of 1972, continuing to the Kyoto Protocol, Paris Accord, Rio Conventions …

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INTELLECTUAL PROPERTY IMPLICATIONS OF THE METAVERSE AND VIRTUAL GOODS 

Abstract Metaverse is the new vogue word in town due to its unbounded potential to revolutionize the internet. The adoption of metaverse is growing at a rampant pace. The metaverse has been designed as an end-state phenomenon, incorporating and guaranteeing the interoperability between the virtual and the real world. It offers various applications such as …

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INDIAN HOTEL AND RESTAURANT ASSOCIATION VS. STATE OF MAHARASHTRA (2019)

(Civil appeal no. 576 of 2016) FACTS OF THE CASE: – The case, Indian Hotel and Restaurant Association vs State of Maharashtra (2019), deals with the constitutional validity of a law banning dance bars in Maharashtra. The State Government had introduced several amendments through the Maharashtra Police Act, 1951, that severely restricted the operation of …

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 THE IMPACT OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 ON DATA PRIVACY AND COMPLIANCE IN INDIA

ABSTRACT  The Digital Personal Data Protection Act, 2023 (DPDPA) represents a transformative development in India’s legal framework concerning data privacy and protection. With the increasing digitization of personal and sensitive data, this legislation aims to safeguard individuals’ privacy rights while ensuring the responsible and transparent processing of data by organizations. This paper explores the key …

 THE IMPACT OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023 ON DATA PRIVACY AND COMPLIANCE IN INDIA Read More »

Navigating Corporate Disputes Analysing ADR Mechanisms

Contents 1 1. ABSTRACT 3 2. INTRODUCTION 3 3. RESEARCH METHODOLOGY 4 4. REVIEW OF LITERATURE 4 4.1. Navigating Corporate Turbulence: A Deep Dive into ADR as a Conflict Resolution Strategy 4 4.2. Corporate Alternative Dispute Resolution 5 4.3. Analysing the types of disputes in Corporate Governance and Role of ADR in Dispute Resolution 6 4.4. …

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ADMISSIBILITY OF ELECTRONIC RECORDS: A COMPARITIVE STUDY OF THE BHARATIYA SAKSHYA SANHITA, 2023 AND THE INDIAN EVIDENCE ACT, 1872.

Abstract The increasing dependence of the nation on electronic communication, online commerce, and the digital preservation of data has necessitated a change in India’s laws pertaining to information and technology, as well as the rules controlling whether electronic evidence can be used in criminal and civil cases. Three new criminal laws—the Bharatiya Nyaya Sanhita (abbreviated …

ADMISSIBILITY OF ELECTRONIC RECORDS: A COMPARITIVE STUDY OF THE BHARATIYA SAKSHYA SANHITA, 2023 AND THE INDIAN EVIDENCE ACT, 1872. Read More »

 THE DOCTRINE OF BASIC STRUCTURE: ANALYZING THE CONSTITUTIONAL LEGACY OF KESAVANANDA BHARTI v. STATE OF KERELA,1973

ABSTRACT: – The landmark judgment in Kesavananda Bharati v. State of Kerala (1973) fundamentally reshaped the constitutional landscape of India by establishing the Basic Structure Doctrine. This doctrine asserts that while Parliament has the authority to amend the Constitution under Article 368, it cannot alter its “basic structure.” This research paper delves into the evolution …

 THE DOCTRINE OF BASIC STRUCTURE: ANALYZING THE CONSTITUTIONAL LEGACY OF KESAVANANDA BHARTI v. STATE OF KERELA,1973 Read More »

TAKING CHILDREN ACROSS BORDERS – INTERPARENTAL CHILD ABDUCTION

ABSTRACT This paper explores the complex issue of interparental child abduction, with a focus on the international legal framework and India’s approach to addressing such cases. The paper examines two major international conventions: The Hague Convention on the Civil Aspects of International Child Abduction and the United Nations Convention on the Rights of the Child …

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EVALUATING THE EFFECTIVENESS OF RECENT LEGAL AND REGULATORY FRAMEWORKS IN ADDRESSING CYBERSECURITY THREATS

The digital era has affected the course of international relations and the operations of state economies with extensive use of cyberspace. Over the years, as technology has developed, so have security breaches, currently being a major concern for governments, organizations, and common people. This paper analyzes the extent to which the recent legal and regulatory …

EVALUATING THE EFFECTIVENESS OF RECENT LEGAL AND REGULATORY FRAMEWORKS IN ADDRESSING CYBERSECURITY THREATS Read More »

“The Global Adoption of AI in Judicial Decision-Making: Analysis of Its Implementation & Challenges”

“Justitia ex machina – The impact of an AI system on legal decision-making” Abstract: This Artificial Intelligence (AI) integration trend is taking root across borders as nations strive to make their judicial systems more efficient, fairer, and accessible. This research presents a comparative analysis of the adoption of AI in judicial systems for several jurisdictions …

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CYBER LAWS AND THE EMERGING USE OF ARTIFICIAL INTELLIGENCE

ABSTRACT:  An abstract in simpler terms for a paper on “Cyber laws and the emerging use of artificial intelligence” could talk about how rules for the internet and digital stuff (cyber laws) are super important to keep people safe online. It would also mention how smart computer systems (artificial intelligence) are changing how we do …

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Female Genital Mutilation: A Global Health and Human Rights Issue

Abstract FGM is one of the most serious global health and human rights problems for millions of women and girls. This article contributes to the in-depth analysis of the legal, health, and social implications of FGM with international and domestic legislation, jurisprudence, and human rights instruments. This paper tries to delve into the various impediments …

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