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Saturday, March 21, 2020
Fahrenheit 451
Friday, March 20, 2020
One L: The Turbulent True Story of a First Year at Harvard Law School
Written beautifully, and honestly, Scott Turow captures the small things that dominate through your law school experience as he joins as a married 26 year old in HLS: the nervousness of being called by the professor to answer a question, the gross inadequacy of confidence to answer even when you have a well-rounded knowledge and reading about the subject, the struggle of making notes, and the conflict between referring voluminous works of authorities and the summarized guide/help-book versions that seem doable one day before the examinations, the change every student undergoes as a person, and the shift of perspectives as we learn the law.
Some of our professors themselves have written books on the subject they teach, and I have personally had such experiences, and we tend to read from their own books for their subject because as the book aptly captures it:
“Two buddies of mine say that the dude’s whole course is in there.”Till our schooldays, we were the topper of the class: our ego boosted. And, when we enter law school, we are humbled to realize that almost every single other person is probably better than us, has a different perspective, and though it is hard to struggle with the hit on our ego, it's best to learn and move ahead! An excerpt from the book beautifully captures the feeling.
"All your life you’ve been good in school. All your life it’s been something you could count on. You know that it’s a privilege to be here. You’ve studied hours on a case that is a half page long. You couldn’t understand most of what you read at first, but you have turned the passage inside out, drawn diagrams, written briefs. You could not be more prepared. And when you get to class that demigod who knows all the answers finds another student to say things you never could have. Clearer statements, more precise. And worse—far worse—notions, concepts, whole constellations of ideas that never turned inside your head."Unlike other courses of study, law is difficult not only because of its volume and concepts, but because of its indefinite derived terms and maxims from French and Latin, and also the never ending set of jargons. On top of this, the judgments are the least easy to read. A lot of days, during my internships, I have personally struggled with the long-winding, meandering sentences that conjunct multiple concepts in a single line, even though I consider my English and comprehension skills pretty decent.
"In reading cases, I soon discovered that most judges and lawyers did not like to sound like ordinary people. Few said “I.” Most did not write in simple declarative sentences. They wanted their opinions to seem the work of the law, rather than of any individual. To make their writing less personal and more impressive, they resorted to all kinds of devices, “whences” and “heretofores,” roundabout phrasings, sentences of interminable length."Examinations are a big deal in law school. Concepts thorough, you feel so? Try giving the paper. Your preparations are, more often than not, reduced to nothing. The exams not only test what you have learnt, but some papers of some professors are impossible to answer unless you have internalized the concept to an extent you are prepared to answer any such far fetched application in less than half an hour. Scott Turow captures its essence aptly as he describes how cheated he felt after his exams, where his elaborate daily preparation for classes had not been worthwhile, and the fine analysis of every case were not merely irrelevant to the exams, but had also proved to be beyond the grasp of his memory.
I loved the book to its every word. It's a must read for every law student. I enjoyed the book so much, and there was so much truth in it. I just shared a few excerpts here, and I had my friends already texting me after looking at the tweet quotes that they wanted to read it!
It is a wonderful, honest book, and Turow has absolutely and aptly captured the experiences of every law student. Thank you Turow for this amazing book!
Here's one more excerpt from the book that I really, really loved (and, it is so true, hahaha):
"Yes, there are achievements in the past. They’re nice to bandage up your wounded self-esteem.But “I graduated college magna cum laude” is not the proper answer when the professor has just posed a question and awaits your response with the 140 other persons in the class."-One L— Sandhya Varadharajan (@sandhya_varadh) March 18, 2020
Thursday, March 19, 2020
Calabresi's 2-by-2 Box: On Property and Liability
| Initial Entitlement | Injunction / Property Rule | Damages / Liability Rule |
|---|---|---|
| Resident | Rule 1: Court issues an injunction against Polluter | Rule 2: Court finds a nuisance but permits pollution to continue if the Polluter chooses to pay damages |
| Polluter | Rule 3: Court finds the pollution not to be a nuisance and permits the Polluter to continue without paying damages | Rule 4: Court permits Polluter to continue unless Resident chooses to pay Polluter damages in order to enjoin further pollution |
| Initial Entitlement | Injunction / Property Rule | Damages / Liability Rule |
|---|---|---|
| Plaintiff | Court issues an injunction against Defendant. This means that the damages will be equal to that value "as good as if contract has been performed". Expectation Damages. | Court finds a nuisance but permits it to continue if the Defendant chooses to pay damages. Here, the damages will be equal to that value "as good as if no contract was made". Reliance Damages. |
| Defendant | Court finds the it not to be a nuisance and permits the defendant to continue without paying damages. This is not possible. Court will not allow the Defendant to get away, and therefore this box is empty with respect to contractual damages. | Court permits Defendant to continue unless Plaintiff chooses to pay Defendant damages in order to enjoin further nuisance. Here, the damages will be equal to that value where "breach party would be as good as if no contract was made". Restitution Damages. |
Wednesday, March 18, 2020
Normative, Positive, Others: In The Analysis Of Law
Tuesday, March 17, 2020
How Many Characters Should A Book Have?
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| Image from pexels |
Monday, March 16, 2020
Regulation Of Seed Sale Price In Tamil Nadu
Tamil Nadu has a population of approximately 6.8 crores. Of the total population of Tamil Nadu, around 51.60% live in the villages. With more than half the inhabitants of the state living in a rural setup, it is logically inferred to any prudent mind how important the sphere of agricultural balance and prosperity is, knowing well that agriculture is the primary rural occupation, and is the backbone foundation of economic development in the rural areas.
When it has such stature and importance in the running of the lives of all, it is only natural that there is a genuine and considerable legislative effort to protect the occupation, and those primarily involved in it, from any gross and unconscionable injustice that would severely affect the flow of the occupation and hinder development.
In India, various laws exists to protect the rights and interests of the farmers, who are the primary subjects involved with agriculture. Some of the Acts and Rules include the following: Seed Act, Seed Rules & Amendments, Seed (Control) Order, New Policy on Seed Development Plants, Fruits and Seeds Order, Plant Quarantine Order, Protection of Plant Varieties and Farmers Rights Act, the Protection of Plant Varieties Rules, National Seed Policy, Seed Bill Regulatory measures specific to transgenic seeds, etc. These are primarily National legislations applicable to the whole of India, which intend to regulate and protect various aspects of this field such as quality, production, sale of agricultural products and necessities. It is pertinent to note that each state has their own commissions/rules/procedures, adhering and under these national frameworks, to suit the requirements and demands of their land.
Through careful, diligent and active steps, India has managed to become self-sufficient and has achieved the goal of food security. But, the state of farmers in India and their condition of poverty has neither improved nor shown any sign of progress. A shocking study published in The Tribune (updated as on 2017) reveals that every third farmer in India belongs to the Below Poverty Line (BPL) category. It is high time for us to stop a moment and reflect why and how, when the national food security has been achieved, the primary role players in the scene- the farmers- are left to be in still in the condemned state of extreme poverty.
Therefore, it is to be kept in mind that the aim of the legislations are double-fold:
to work towards achieving a goal in the line of progressive national interest,
to work in the interest of the betterment and development of the primary stakeholders, the farmers (specifically small and marginal farmers).
Seeing there is a clear lack of legislations to regulate the prices set by the private sector industries in the sphere of seed production and sale, there is very little scope for remedy through a judicial seeking. Therefore, to remedy the gross loopholes of the present situation, the best possible route would be to approach the Government for sensible regulations of the same.
The Seeds Bill, 2004 which seeks to replace the Seeds Act, 1956, and to provide for regulating the quality of seeds for sale, import and export and to facilitate production and supply of seeds of quality and for matters connected therewith or incidental thereto, has still not been passed.
PSCA has recommended setting up a statutory body for fixation of price of seed by incorporating appropriate provisions under Clauses 5, 11, 15, 22 and 25 of the Bill.
Therefore, a plausible solution to this growing problem would be:
To set a dynamic upper limit for the costs for the private sector seeds considering their gains from the patenting of hybrid varieties and appropriation of gains;
To not allow arbitrary setting of prices that are unconscionably greater than the prudent market prices;
To make provisions for a said legal authority to analyse technical developments by the private sector companies to the seeds, and supervise the price regime. It is to be noted that the what is advocated is not a complete and iron-hand control of the prices of the private sector that will work as disincentive to healthy competition, but only a prudent regulation with more than decent scope for their profits;
To enhance the powers of the Seed Inspector to be able to check and report grossly high prices;
To regulate the royalty fee in the cases of proprietary technologies and GM seeds, taking into consideration costs for R&D, etc.
These would not only work towards national interest of food production and security, but also the greater interest of the farmers who are the primary stakeholders.
Thus, the balanced aims of the upcoming policies between these two will ensure a steady progress in not only in agricultural development, but also economic development and better human standards of living.
Sunday, March 15, 2020
Forensics In Arthashastra
1. “In cases of sudden death, the corpse shall be smeared over with oil and examined.”
2. “Any person whose corpse is tainted with mucus and urine, with organs inflated with wind, with hands and legs swollen, with eyes open, and with neck marked with ligatures may be regarded as having been killed by suffocation and suppression of breathing.”
3. “Any person with contracted arms and thighs may be regarded as having been killed by hanging. Any dead person with swollen hands, legs and belly, with sunken eyes and inflated navel may be regarded as having been killed by hanging.”
4. “Any dead person with stiffened rectum and eyes, with tongue bitten between the teeth, and with belly swollen, may be considered as having been killed by drowning.”
5. “Any dead person, wetted with blood and with limb, wounded and broken, may be regarded as having been killed with sticks or ropes.”
6. “Any dead person with fractures and broken limbs, may be regarded as having been thrown down.”
7. “Any dead person with dark coloured hands, legs, teeth, and nails, with loose skin, hairs fallen, flesh reduced, and with face bedaubed with foam and saliva, may be regarded as having been poisoned.”
8. “Any dead person of similar description with marks of a bleeding bite, may be considered as having been bitten by serpents and other poisonous creatures.”
9. “Any dead person, with body spread and dress thrown out after excessive vomiting and purging may be considered as having been killed by the administration of the juice of the madana plant.”
“Death due to any one of the above causes is, sometimes under the fear of punishment, made to appear as having been brought about by voluntary hanging, by causing marks of ligature round the neck.In death due to poison, the undigested portion of meat may be examined in milk. Or the same extracted from the belly and thrown on fire may, if it makes ‘chitchita’ sound and assumes the rainbow colour, be declared as poisoned.Or when the belly (hridayam) remains unburnt, although the rest of the body is reduced to ashes, the dead man's servants may be examined as to any violent and cruel treatments they may have received at the hands of the dead. Similarly such of the dead man's relatives as a person of miserable life, a woman with affections placed elsewhere or a relative defending some woman that has been deprived of her inheritance by the dead man may also be examined.The same kind of examination shall be conducted concerning the hanging of the body of an already dead man.”
Saturday, March 14, 2020
Beat The Heat: How To Stay Hydrated
Friday, March 13, 2020
Forensic Science and Medico-Legal Jurisprudence: A Reflection Since Ancient Times
Thursday, March 12, 2020
Work Experience In MLA Office
I Opened A Book by Julia Donaldson
I opened a book and in I strode
Now nobody can find me.
I’ve left my chair, my house, my road,
My town and my world behind me.
I’m wearing the cloak, I’ve slipped on the ring,
I’ve swallowed the magic potion.
I’ve fought with a dragon, dined with a king
And dived in a bottomless ocean.
I opened a book and made some friends.
I shared their tears and laughter
And followed their road with its bumps and bends
To the happily ever after.
I finished my book and out I came.
The cloak can no longer hide me.
My chair and my house are just the same,
But I have a book inside me.
Hope you enjoyed it too!
Tuesday, March 10, 2020
The Theory Of Everything
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Monday, March 9, 2020
The Power Of Coalition
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| Image from Indian Express |
Sunday, March 8, 2020
What Is A Blockchain?
"A blockchain is a distributed database that acts as a peer-to-peer ledger system."
"The blockchain allows any individual or party to independently verify that a transaction or record existed in a certain form at a certain time."
Saturday, March 7, 2020
The Concept Of An Extended Workplace Under India's POSH Act
“any place visited by the employee arising out of or during the course of employment, including transportation provided by the employer for undertaking such a journey.”
- Government organizations, including Government company, corporations and cooperative societies;
- Private sector organisations, venture, society, trust, NGO or service providers etc. providing services which are commercial, vocational, educational, sports, professional, entertainment, industrial, health related or financial activities, including production, supply, sale, distribution or service;
- Hospitals/Nursing Homes;
- Sports Institutes/Facilities;
- Places visited by the employee (including while on travel) including transportation provided by employer;
- A dwelling place or house.
Friday, March 6, 2020
Cinema: Copyright Holders, Infringement, and Tests
"author" means:(1) In relation to a literary or dramatic work, the author of the work;(2) In relation to a music work, the composer;(3) In relation to artistic work other than a photograph, the artist;(4) In relation to photograph, the person taking the photograph, the artist;(5) In relation to a cinematograph film or sound recording, the producer; and(6) In relation to any literary, dramatic, musical or artistic work which is computer- generated, theperson who causes the work to be created.
Subject to the provisions of this Act, the author of a work shall be the owner of copyright therein. Section 17 statutorily recognizes the author of the work to be the first owner of the copyright. The author is defined under the Act for various works, which come under the law of copyright.
- same form, manner, arrangement and expression of the same idea
- substantial copying, where substantial means "literal imitation of the copyrighted work with some variations here and there"
- viewer, after having read or seen both the works, is clearly of the opinion and gets an unmistakable
impression that the subsequent work appears to be a copy of the original
- there should not be broad and substantial dissimilarities between the two works apart from the
similarities
- clear and cogent evidence
"The effect of the dissimilarities pointed out above clearly go to show that they far outweigh the effect of the similarities mentioned in para 9 of the plaint set out above. Moreover, even if we examine the similarities mentioned by the plaintiff they are trifling and trivial and touch insignificant points and do not appear to be of a substantial nature. The mere fact that the name of the Madrasi father was Subramaniam in both the film and the play, is hardly of any significance because the name of a particular person cannot be the subject matter of copyright because these are common names."
Thursday, March 5, 2020
Know Your English
Title: Know Your English
Author: S. Upendran
Based on the popular weekly column in The Hindu since 1982, there are 4 volumes in the series, giving us hundreds of idioms, their stories of how they came to be, and also their usage.
The series is extremely popular as a weekly column in The Hindu, and my friends and I always went straight to the column to check out the idiom for the week whenever we got the paper in school.
It is a cool compilation, ordered alphabetically, and expressed and explained in simple, clear and concise language. While the blurb of the book says that is would be useful for "teachers, students and those who are keen on honing their speaking and writing skills", it is also for those like me who can use it for such off-beat purposes.
So, next time you want to throw in a cool, appropriate idiom, remember to flip through this wonderful book!
Wednesday, March 4, 2020
And, What Haven't I Played?
"Looking back, I sincerely wonder about how many different games and modes of workout I have tried since Class One. In Class One, I seem to have gone to some dance class called “Swingers” in Pondy Bazaar. The fact about it is everybody remembers everything about it except me. I remember almost nothing. My dad claims to have taken me sincerely to every class, waited till it got over and have brought me back home. My mom remembers it all too. Why! Even my grand-dad says he has come with me many times to the class in ‘Challa Mall’. So, there is nothing much to say about my dances back then because I simply don’t remember anything. But then, it grows more interesting as I continue further.
For some reason, which I have no clue about, I stopped going to the dance class- Swingers- and instead started playing a proper game- Table Tennis. That went along for quite some time. I played in a YMCA branch near my house(and was pretty good at it too). I was known for chattering non-stop with my TT friends. There used to be this coach who used to make us run around the ground ten times, skip a hundred times and give us those kinds of exercise. That is where the fun part comes! I never used to do it properly, and try all means of dodging.But then, after sometime, I got bored of TT and the place became pretty crowded, and I didn’t get much of a chance to play. So, I quit playing TT. After that, I tried playing badminton for sometime in the same place, but didn’t stick with it. Well, at that time I even went for a chess class, but that wouldn’t hook me up, either.All this while, my brother stuck on to one game- Tennis. He too was playing in YMCA. My dad then put my brother in a better place to continue his Tennis. That place was wonderful! When my brother joined, I told my dad that I seriously wanted to play Tennis. And ta-da! I was already going to my first class! I actually loved that place. I still do. The main coach was an old man whom we fondly referred to as “Tennis Thatha” while speaking to ourselves. He used to come everyday and coach us. We went four days in a week. I played Tennis there for three years(longest ever), from Class 6 to Class 8.
I would have continued it there, but then we realised that the place was too far and that we couldn’t continue further because there were other classes. Both of us- my brother and I- dropped Tennis and decided to join some game in school. My brother had to choose between Basketball and Football. He chose football. I had two options too- Basketball and TT. I didn’t want to go for Basketball, so I chose TT again. I have been playing TT for two years now. I like the game very much. I went for the Clusters tournament representing my school last year, and my team came fourth place. But, now, I will have to stop playing TT also, because it takes up 2 hours every three days in a week.
I cannot leave out the fact that I always complained about my school not having cricket or football coaching for girls. I remember how, back in Class 7, my classmates and I used to run for the cricket bats before the boys could get at it, so that we can train ourselves to play well and form a girls cricket team. We believed that one day we would be the eleven of the school’s A-Team in girls. We used to think of approaching the heads and asking for a girls’ team to be formed. One of my classmates used to say: “Hey, first we should be good at it. Suppose they allow the team to be formed, and we don’t know anything!” Yes, we used to practice for that. We sometimes went to the extent of challenging the boys! But I’m happy that now my school has coaching for girls in football. It came only this year when Class 6 girls went and represented.And, amidst all this every year I go for the swimming course in Woodlands in the morning, since Class 4. It started with me being afraid of the water, and my dad not wanting me to be so. I improved year by year because of the awesome master I had. It is amusing to recall how terrified I used to be, and how I used to cook up all kinds of aches(especially stomach ache) so that I needn’t go to the class. The only thing that would make me overcome my fear is the cheese sandwich that my dad promises to buy if I swim well. Now, I am not afraid, and I can swim pretty decently.But the question now is: what do I do if I quit TT?I will have to do something. Something that is good, and doesn’t take up much time."
Tuesday, March 3, 2020
Rule of Lenity
"(1) the nature and seriousness of the offense;
(2) the pervasiveness of wrongdoing within the corporation;(3) a history of similar conduct;(4) timely and voluntary disclosure of wrongdoing and willingness to cooperate;(5) a compliance program;(6) remedial actions;(7) collateral consequences, including harm to shareholders, pension holders, and non-culpable employees;(8) adequacy of prosecution of individuals; and(9) adequacy of civil or regulatory enforcement actions."
Monday, March 2, 2020
Internships
Sunday, March 1, 2020
On Balance: An Autobiography
“I was used to arguing and doing the best for my client and case and then ‘letting the damn judge decide’. I soon realised that I was now that damn judge; and that the tremendous responsibility stopped with me.”









