A Study on Whether an Inventor’s Disclosure of an Employee Invention is Infringement of Employer’s Trade Secret Right: Critical Analysis on the Supreme Court 2012Do6676 Decision

2020 ◽  
Vol 65 ◽  
pp. 47-107
Author(s):  
Guanghong ZHANG ◽  
◽  
Chaho JUNG
Keyword(s):  
Supreme Court ◽  
Critical Analysis ◽  
Trade Secret ◽  
The Supreme Court

From Kania to Sarkaria

2018 ◽  
pp. 3-17
Author(s):  
Suchindran B.N.
Keyword(s):  
Supreme Court ◽  
Critical Analysis ◽  
Judicial Appointments ◽  
Chief Justice ◽  
The Supreme Court ◽  
The 1960S

This essay is a critical analysis of the dynamics of executive-judiciary relations in judicial appointments from 1950 to 1973. It serves as a primer for the appointments made to the Supreme Court from 1950–73, the supersessions that were apprehended but did not come about, and generally, what weighed with the judges as well as the executive while making appointments in the years immediately after the Constitution came into force. The essay traverses the historical journey of appointments to the Supreme Court from the tenure of the first Chief Justice of India, Justice H.J. Kania, to the appointment of Justice R.S. Sarkaria in 1973. It provides insights, and in some cases, hitherto unknown facts about the factors that prompted the appointment of certain justices to the Court. The essay also documents the gradual incursion that the executive had begun to make in judicial appointments in the latter half of the 1960s.

scholarly journals When is a Stranger a Constructive Trustee - A Critique of Recent Decisions

1969 ◽  
pp. 453
Author(s):  
Susan Barkehall Thomas
Keyword(s):  
Supreme Court ◽  
Critical Analysis ◽  
Conceptual Development ◽  
Recent Trend ◽  
Current Approach ◽  
Fiduciary Duty ◽  
Third Party ◽  
The Supreme Court ◽  
The Law ◽  
Context Specific

This article explores the conceptual development of third party liability for participation in a breach of fiduciary duty. The author provides a critical analysis of the foundations of third party liability in Canada and chronicles the evolution of context-specific liability tests. In particular, the tests for the liability of banks and directors are developed in their specific contexts. The author then provides a reasoned critique of the Supreme Court of Canada's recent trend towards context-independent tests. The author concludes by arguing that the current approach is inadequate and results in an incoherent framework for the law of third party liability in Canada.

Separation Barrier

2021 ◽  
pp. 233-272
Author(s):  
David Kretzmer ◽  
Yaël Ronen
Keyword(s):  
Supreme Court ◽  
Critical Analysis ◽  
West Bank ◽  
Advisory Opinion ◽  
The West ◽  
Occupied Palestinian Territory ◽  
The Supreme Court ◽  
Principle Of Proportionality ◽  
Palestinian Territory ◽  
Legal Consequences

This chapter examines the way in which the Supreme Court has handled petitions regarding the construction in the West Bank of the separation barrier and its associated regime (the Seam Zone). The Court upheld the legality of the construction of the barrier as a whole, but in specific cases mitigated the harm caused to individuals. As opposed to the ICJ’s Advisory Opinion on the Legal Consequences of Construction of a Wall in the Occupied Palestinian Territory, when reviewing the route chosen for the separation barrier, the Court circumvented the question of the legality of the settlement project. The chapter includes a critical analysis of the use of the principle of proportionality in the Court’s decisions on the separation barrier, and the implications of the Court’s decisions for the settlement project.

scholarly journals Justice Bertha Wilson: One Woman's Difference, Kim Brooks, Ed (Vancouver: UBC Press, 2009)

2012 ◽  
Vol 49 (3) ◽  
pp. 751
Author(s):  
Madam Justice Patricia Rowbotham
Keyword(s):  
Supreme Court ◽  
Gender Equality ◽  
Critical Analysis ◽  
Role Model ◽  
Task Force ◽  
Supreme Court Of Canada ◽  
Association Task ◽  
The Supreme Court ◽  
Bar Association ◽  
Court Of Appeal

Justice Bertha Wilson: One Woman’s Difference is a collection of 16 essays which reflect upon Wilson’s contributions as jurist, speaker, chair of the Canadian Bar Association Task Force on Gender Equality in the Legal Profession, mentor, and role model to a generation of lawyers and judges. The authors are all women; fifteen of the essays are written by academics (and a student) from law faculties across Canada, and one essay is authored by a barrister. For the most part the authors write from the perspective of their own considerable expertise in a particular area of law. Their critical analysis of several of Wilson’s judgments from both the Ontario Court of Appeal and the Supreme Court of Canada caused me to reflect upon those judgments in novel ways. Some of the authors tackle the tricky issue of whether Wilson was a “feminist” judge.

Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the Practice of the Courts’ Application of Legislation on Liability for Tax Crimes”: An Analysis of the Main Novels

2021 ◽  
pp. 18-24
Author(s):  
Igor O. Tkachev ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Tax Evasion ◽  
Critical Analysis ◽  
Criminal Liability ◽  
Criminal Code ◽  
Current Version ◽  
Criminal Cases ◽  
The Supreme Court ◽  
The Russian Federation

The article provides a critical analysis of a number of provisions of the Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the practice of the courts’ application of legislation on liability for tax crimes”. The author notes that the current version of the decree allows considering tax evasion as a formal crime. Thus, the Supreme Court of the Russian Federation laid down the preconditions for classifying tax evasion as a continuing crime, which would significantly reduce the number of criminal cases terminated due to the expiration of the statute of limitations for criminal liability. The author also draws attention to the refusal of the Supreme Court to define the category “concealment of funds or other property” for the purposes of applying Art. 199.2 of the Criminal Code of the Russian Federation. It is noted that such a refusal may lead to a broader interpretation by the courts of this criminal law norm.

Sign in / Sign up

Export Citation Format

Share Document