legal battle
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2021 ◽  
Vol 13 (24) ◽  
pp. 13914
Author(s):  
Ilse Köhler-Rollefson ◽  
Hanwant Singh Rathore

The Indian forest management system introduced during colonial times has led to the progressive loss of the grazing rights of the country’s pastoralists, culminating in the abolishment of grazing fees and replacement with grazing fines in 2004. This scenario has had a negative knock-on effect on the conservation of many of the livestock breeds that pastoralists have developed in adaptation to local environments and that are the basis of the country’s food security. This paper illustrates the dilemma with the example of the Kumbhalgarh Wildlife Sanctuary (KWS) in Rajasthan that represents the traditional monsoon grazing area for local camel, sheep and goat pastoralists. Raika herders have engaged in a long-standing but losing legal battle with the state for their continued seasonal access to this area. This situation contributes to the rapid decline of the camel which is an iconic part of Rajasthan’s desert identity, a major attraction for tourists and was declared state animal in 2014. The aims of the forest department to conserve wild animals and those of pastoralists and camel conservationists could easily be integrated into a more equitable governance system as is endorsed by Aichi Target 11 of the CBD Strategic Plan 2011–2020. However, deeply engrained concepts about nature being separate from (agri-)culture, as well as unequal power structures, stand in the way.


2021 ◽  
pp. 232200582110607
Author(s):  
Pravin Mishra ◽  
Vijay Pratap Tiwari

The fate of a criminal case to a large extent depends upon choosing the right lawyer. But the choice of a right lawyer requires some amount of experience and expertise, which a layman intending to hire a lawyer may not be equipped with. Even if the client has made a smart choice in identifying a right lawyer for him, the lawyer so identified might not be willing to accept a brief for the reasons best known to the lawyer. At times a peculiar situation may arise before the lawyer where the lawyer seeks to withdraw from representing the accused. There are various pitfalls to the client’s right from the stage of making a choice of a competent lawyer to defend the accused up to the end of the legal battle. The article deals with the professional ethics involved when a counsel accepts a brief or seeks to withdraw from representing an accused and terminate the advocate–client relationship.


Author(s):  
Jonathan Credo ◽  
Jani C. Ingram

In the United States, American Indian and Alaska Native (AI/AN) people are frequently under- or misrepresented in research and health statistics. A principal reason for this disparity is the lack of collaborative partnerships between researchers and tribes. There are hesitations from both academic Western scientists and tribal communities to establish new partnerships due to differences in cultural and scientific understanding, from data ownership and privacy to dissemination and project expansion. An infamous example is the mishandling of samples collected from the Havasupai Tribe by Arizona State University (ASU) scientists, leading to a legal battle between the tribe and ASU and ending in a moratorium of research with the Havasupai people. This paper will explore three successful and positive collaborations with a large and small tribe, including how the partnerships were established and the outcomes of the collaboration. In addition, the paper will provide perspective of what needs to be addressed by Western scientists if productive collaborations with tribal groups are to be established.


Significance The ruling will follow a protracted legal battle between incumbent President Nicolas Maduro and opposition leader Juan Guaido -- the latter recognised as legitimate president by the UK government. Impacts Lack of oversight of the Guaido team’s use of resources could raise questions over any handover. A ruling in favour of Guaido could set a precedent in allowing ‘parallel’ authorities to claim control of UK-held sovereign resources. US and UK positions on Venezuela appear to be moving apart.


2021 ◽  
pp. 1-2
Author(s):  
André den Exter

Last month, the European Human Rights Court in Strasbourg made a landmark ruling on mandatory vaccination of children. After a long legal battle that lasted 16 years, the Grand Chamber decided, in the Vavricka case, that a Czech national law imposing a statutory duty of a set of standard vaccinations for children under the age of 15 does not violate the right to private life as protected under the European Convention on Human Rights (ECHR). Although the outcome of this ruling is not surprising, it may also have consequences relating to the controversy of mandatory COVID-19 vaccination which has been raised in other European countries.


2021 ◽  
pp. 111-157
Author(s):  
Andrew A. Erish

This chapter encompasses the World War I years. Special attention is given to the company's role in the development of the feature film and creation of a distribution network to handle such longer productions, the relocation of Vitagraph's Los Angeles studio to Hollywood, the War's adverse impact on European profit and the company's consequent expansion of international sales to Latin America and Asia, and Vitagraph's lead in combating racial and gender prejudice through its movies. Blackton's controversial production, The Battle Cry of Peace, is profiled, conceived as propaganda in support of the Preparedness Movement that enjoyed the cooperation of top government leaders and the US military. The short-lived hostile takeover of Vitagraph by outside interests is explored in depth, as is the subsequent defection of Blackton to Paramount. The chapter concludes with Vitagraph's legal battle with fledgling producer Louis B. Mayer, which had long-term consequences for contract players.


2021 ◽  
Vol 14 (1) ◽  
pp. 209-220
Author(s):  
Giulio Allevato ◽  
Fernando Pastor-Merchante

The preliminary ruling of the Court of Justice of the European Union in the Google Ireland case turned on the compatibility with the rules on free movement of some of the administrative arrangements put in place by Hungary in order to administer its controversial advertisement tax (namely, the obligation to register and the penalties attached to the failure to comply with that obligation). The preliminary ruling offers some interesting insights on the way in which the Court assesses the compatibility with the freedom to provide services of national administrative arrangements aimed at ensuring the effective collection of taxes. This is a topical issue in the context of the recent efforts made by Member States to tax the digital economy more effectively.


2021 ◽  
Vol 101 (2) ◽  
pp. 231-263
Author(s):  
John C. Marquez

Abstract In 1753, a pregnant woman named Paula was kidnapped in Angola, enslaved, and taken to Brazil. Four decades later, in 1794, Paula's children and grandchildren, 15 in total, filed a lawsuit for their family's freedom in Rio de Janeiro claiming that Paula was a free woman in Angola before her enslavement. This article reconstructs Paula and her descendants' multigenerational legal battle and reveals that their struggle for freedom was, in large part, a struggle against archives. I examine a unique aspect of the freedom suit: witness testimony from Paula's former kin and community in Angola, collected across the Atlantic Ocean four decades after Paula's enslavement. I argue that the memory and testimony of Paula's kin and community in Angola formed a powerful counterarchive that not only narrated her freedom in Angola but also challenged the Brazilian colonial archive's reliance on paper evidence of freedom.


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