Arguendo

Arguendo is the Core Project in the Lex Coterie Group of Organizations.

Thursday, 7 May 2015

Call for Papers: International Journal of Legal Research and Governance [Submit by 20th July, 2015]

Call for Papers: International Journal of Legal Research and Governance [Submit by 20th July, 2015]


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The International Journal of Legal Research and Governance (ISSN: 2394-7829) is Quarterly double blind Peer review academic journal, published Print, that seeks to provide an interactive forum for the publication of articles in the field of Law and Governance. The Journal is currently soliciting submissions for Volume 1, Issue 3. The submission deadline for Volume 1, Issue 3 is July 20, 2015. We welcome submissions from academicians, practitioners, students, researchers and experts from within the legal community. We have a strong preference for articles that assert and defend a well-reasoned position.
I.J.L.R.G is a print Journal under the Chief patron of Hon. Justice K.N Saikia, Former Judge Supreme Court of India, Dr. Hon. Justice Malimath, Former Chief Justice Karnataka and Kerala High Court, Prof. (Dr.) M.P.Singh, Chancellor Central University, Haryana, Prof. (Dr.) Gurjeet Singh, Founder Vice-Chancellor N.L.U.J.A Assam, Prof. (Dr.) Faizan Mustaffa, V.C NALSAR Hyderabad, Prof. Shamnad Basheer and other luminaries from the legal fraternity.
It is aimed at institutionalizing and channelling the analytical and incisive articles of students towards value addition and developing inherent potentials of legal fraternity.
Call for Papers:
International Journal of Legal Research and Governance (IJLRG), ISSN 2394-7829 is a quarterly double blind peer reviewed journal. We look forward for submissions from members of the Bar, Bench and the academia. Submissions can be in the form of long articles, short articles, case comments, legislative notes and book reviews.

Deadline:
The last date for submission of papers is 20th July, 2015.
Nature of Contributions:
1. Articles: An article must conduct a complete analysis of the area of law, which the author seeks to highlight. It must contain a comprehensive study of the existing law, indicating the lacunae therein, and must contain an attempt to suggest possible changes which can address the said lacunae. An article should be between 4,000-5,000 words.
2. Essays: An essay is more adventurous as it challenges challenging existing paradigms/norms and provides a fresh outlook to common problems. It is strongly recommended that essays be considerably more concise than articles, in terms of scope and conceptualization. An essay is thus advised to be between 3,000-5,000 words.
3. Notes: A note is a relatively concise form of an argument advanced by the author. The focus of a note should be on a relatively new debate or controversy regarding the interpretation or implementation in the law. Notes shall primarily highlight contemporary issues, which need to be addressed, and the authors are expected to offer a solution. The maximum word limit for a manuscript in the form of note is 2,500 words.
4. Comments: A comment is where the author may decide to critique any recent/landmark judicial pronouncement or any recent legislation or bill before the Parliament or State Legislature. The word limit for a comment is 2,500 words.

Submission Guidelines:
1. Word Limit: As has already been indicated, the maximum word limit for articles and essays is 5,000 words (exclusive of footnotes) whereas that for notes and comments is 2,500 words (exclusive of footnotes).
2. Citation Format: The citation format to be used is The Bluebook (19th ed.). In keeping with the same, speaking footnotes are discouraged.
3. Abstract: Every submission should be accompanied by an abstract of not more than 350 words describing the relevant conclusions drawn in the manuscript. Please note that there is no requirement of prior submission of abstract as the selection of the paper for publication shall be on the full manuscript. The abstract shall serve merely to help the Editorial Board in its review process.
4. Biographical Information of Authors: A separate document with biographical information of the authors must also be attached including the following details: Name, E mail address, Postal Address, Name and Address of Institution, Course (if applicable), Academic Year.

Plagiarism Guidelines:
As per the International Journal of Legal Research and Governance Policy on Academic Misconduct, “plagiarism” means failure to acknowledge ideas or phrases from another source. Such source is not limited to published text. Acknowledgement of others’ work is expected even if the source was a discussion (whether oral or written) with another person, or use of materials on the internet.
1. Multiple submissions are not allowed: “Multiple Submission” means submitting the same, or largely the same, piece of work in more than one journal or competition, without written permission from the instructors involved and or recycling of any part of a previously written piece of work whether or not published without appropriate reference to their your own prior work. Prior permission shall be required if the recycled work forms more than 5% of the new work.
2. Misrepresenting work: Misrepresenting work prepared by another as one’s own means submitting work that has been prepared by someone else (whether for payment or not) as one’s own work. This would include instances where excessive help is taken from another person such that the assessment objective and intention of the assignment/ exercise is frustrated.
Note: It is assumed that work submitted is represented as being authored by the person on whose behalf it is submitted. Falsification of Work Product is falsifying, concocting or misrepresenting of data, statistics, or other observations/ information.
Submission:
All submissions should be made electronically at ijlrgjournal@gmail.com . The last date for submission of manuscripts is 20th July, 2015.


To download Copy Right Form Click HERE

Thursday, 30 April 2015

Staring Into the Eyes of Violence: A Kenyan Citizens Voice


Kenya is one of the African countries most severely affected by violence. It is ranked among the most dangerous countries worldwide in global peace index, a multidimensional report of violence, security, and criminality. It has the third largest number of political and youth radicalization globally behind Syria and Nigeria respectively.

A 2012 survey on Kenya on crime and victimization by the Amnesty International found that, on average 5% of respondents had personally been victims of armed violence. In 2011, Human Rights watch estimated that over 15,700 people had been killed in in inter-communal, political and sectarian violence in Kenya since the country transitioned to multi-party democracy in 1992. Across the country, the most common forms of crime and victimization are burglary, robbery, physical assault and domestic violence. Disproportionate use of force by government authorities in response to outbreaks of violence has also been reported across Kenya.
It is therefore a painful truth that Kenya’s recent economic growth cannot be easily reconciled with high levels of armed violence and insecurity nor with the reality that there still is widespread poverty and inequality across the country. While the democratic government has remained in power since the transition from Kanu’s misrule, elections have been marked by spikes in armed violence, huge casualty numbers and subsequent population displacement.


There are also very distinct (and important) regional violations in Kenya armed violence. These include discrete incidences of militant activity, violent criminality, gang related violence, and gender based violence, religiously motivated conflict and non-combatant targeting by armed groups. For instance, Kenya’s watch data indicates that crime is the second highest cause of violent death in Kenya after accidents, but this crime is heavily concentrated in the Coast, Northern Kenya and parts of Nairobi.

In the Northern Kenya, security situation is particularly bad. It is dominated by the presence of armed groups and organized violence (i.e the presence of Al-Shabaab). Despite these, there have been improvements in the past few weeks due to government’s response to the latest Garissa University terror attack.


In the northern Kenya, the number of attacks and bombings by Al-Shabaab has risen sharply. According to the Kenya Police report, more than 10 attacks have been witnessed in Northern Kenya in the last one year. Al-Shabaab’s violent agitation has continued to destabilize the North Eastern part of Kenya while the government’s efforts to quell the insurgency have so proven unsuccessful, including most recently the killing of 147 university students. This was not only a blow to the Country’s top leadership but a show of weakness in Kenya’s intelligence and military prowess.


In Northern Kenya also, religious and sectarian violence has risen since 2010. In Mandera and Garissa, religious violence between Muslims and Christians has flared up on several occasions resulting in selective killings by the terror group. Inter-communal violence has also ravaged the country especially in Nairobi, Coast and Northern Kenya. It is important to point out that, Northern and Coastal parts of Kenya have always agitated to secede from Kenya and form the country of their own. The Northern Kenya has always wanted to be a part of Somalia but the Kenyan government has remained firm and fierce for decades now. Similarly in the coastal part of Kenya, genuine reasons have been raised for secession but the Kenyan government has waged brutal war against the Mombasa Republicans and its lutenists. It will be remembered that there are silent voices which the Kenyan government is not addressing particularly that of youth. The Bulging youth population in the country in light of mega government and private sector jobs is nothing short of a ticking and social time bomb. The government’s approach of suppressing and postponing problems of yester days is the greatest undoing looking to the future.




About the Author:

Diphus Kiprop Nge'ny is a youth development & policy enthusiast and a social media buff. His experience spans across project incubation & execution, developing social media campaigns for social causes and policy development for youth organizations & government agencies in Kenya. He is the Founder of Vijana Umoja Pamoja Foundation and an Alumnus of the prestigious Commonwealth Youth Development Program. Diphus is currently the Youth Ambassador in the World Youth Movement for Democracy representing Africa and also crowned the Young African African achiever of 2013 

Tuesday, 28 April 2015

Essential facts about U.S. Supreme Court gay marriage case

The U.S. Supreme Court on Tuesday is set to hears arguments over whether states may ban gay marriage.
Here is a look at the case, known as Obergefell v. Hodges.
WHEN
The arguments are set for Tuesday at 10 a.m. (1400 GMT). The session is scheduled for 2-1/2 hours. The court will provide a transcript of arguments and audio on its website (www.supremecourt.gov) that afternoon.
LEGAL QUESTIONS
The questions before the nine justices are: whether the U.S. Constitution's guarantees of due process and equal protection under the law cover a right to same-sex marriage; and, if they do not, whether states that ban same-sex marriages must recognize those performed elsewhere, based on the constitutional principle that states must respect the acts of other states.
SIGNIFICANCE
After more than two decades of litigation, a decision could determine whether gay men and women have a nationwide right to marry. Currently 37 of the 50 U.S. states and Washington, D.C. allow same-sex marriage.
PARTIES
The petitioners are gay couples seeking to marry or to have their marriages from other states recognized. The cases arose in Ohio, Michigan, Tennessee and Kentucky. The lead petitioner is James Obergefell, who wanted his home state of Ohio, which bans gay marriage, to recognize his Maryland marriage to John Arthur as Arthur was dying from amyotrophic lateral sclerosis, also known as Lou Gehrig's disease. Obergefell sought to have his name on Arthur's death certificate as surviving spouse. Richard Hodges is director of the Ohio Department of Health.
LOWER COURT RULING
The Cincinnati-based U.S. Circuit Court of Appeals for the 6th Circuit said lower courts were bound by a 1972 Supreme Court decision, Baker v. Nelson, that rejected a same-sex couple's marriage claim. The 6th Circuit said any societal change on marriage rights would better come from legislatures and the political process rather than the courts. All the other regional federal appeals courts with recent decisions on the matter have ruled the opposite way and struck down bans on gay marriage.
ARGUING FOR THE GAY COUPLES
Mary Bonauto, of the Gay and Lesbian Advocates & Defenders, and Douglas Hallward-Driemeier, a former assistant U.S. solicitor general now in private practice.
ARGUING FOR THE OBAMA ADMINISTRATION
U.S. Solicitor General Donald Verrilli.
ARGUING FOR THE STATES
John Bursch, a former Michigan solicitor general, and Joseph Whalen, a Tennessee associate solicitor general.
SUPREME COURT LINE-UP
The nine justices have divided narrowly on gay rights dilemmas. In the most recent case, U.S. v. Windsor in 2013, the justices split 5-4 as they rejected a law defining marriage as between only a man and woman for purposes of federal benefits. Justice Anthony Kennedy, who is in the conservative camp but has taken the lead on gay rights, voted with the four liberals and wrote the opinion for the court. Joining him were Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. In dissent were Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito.
RULING

A decision is expected by late June. 


VIA: Reuters Legal  (All rights reserved with Reuters Legal)

Monday, 27 April 2015

Call For Paper: Law Mantra Online Journal (ISSN: 2394-7829) for Vol 2, Issue 6,7,8 [Submit by May 5th. 2015]

The Law Mantra Online Journal (ISSN: 2394-7829) is Monthly Double Blind Peer Review Academic Journal, published online, that seeks to provide an interactive forum for the publication of articles in the field of Law and Governance. The Journal is currently soliciting submissions for Volume 2, Issue 6,7,8. The submission deadline for Volume 2, Issue 6,7 and 8 is May 5, 2015. We welcome submissions from academicians, practitioners, students, researchers and experts from within the legal community. We have a strong preference for articles that assert and defend a well-reasoned position.


Law Mantra Journal is a online Journal under the Chief patron of Hon. Justice K.N Saikia, Former Judge Supreme Court of India, Dr. Hon. Justice Malimath, Former Chief Justice Karnataka and Kerala High Court, Prof. (Dr.) M.P.Singh, Chancellor Central University, Haryana, Prof. (Dr.) Gurjeet Singh, Founder Vice-Chancellor N.L.U.J.A Assam, Prof. (Dr.) Faizan Mustaffa, V.C NALSAR Hyderabad, Prof. Shamnad Basheer and other luminaries from the legal fraternity.
It is aimed at institutionalizing and channelling the analytical and incisive articles of students towards value addition and developing inherent potentials of legal fraternity.

Call for Papers:

Law Mantra Online Monthly Journal (ISSN: 2321-6417) is a monthly double blind peer reviewed journal. We look forward for submissions from members of the Bar, Bench and the academia. Submissions can be in the form of long articles, short articles, case comments, legislative notes and book reviews.

Deadline:

The last date for submission of papers is 5th May, 2015.

Nature of Contributions:


1. Articles: An article must conduct a complete analysis of the area of law, which the author seeks to highlight. It must contain a comprehensive study of the existing law, indicating the lacunae therein, and must contain an attempt to suggest possible changes which can address the said lacunae. An article should be between 4,000-5,000 words.
2. Essays: An essay is more adventurous as it challenges challenging existing paradigms/norms and provides a fresh outlook to common problems. It is strongly recommended that essays be considerably more concise than articles, in terms of scope and conceptualization. An essay is thus advised to be between 3,000-5,000 words.
3. Notes: A note is a relatively concise form of an argument advanced by the author. The focus of a note should be on a relatively new debate or controversy regarding the interpretation or implementation in the law. Notes shall primarily highlight contemporary issues, which need to be addressed, and the authors are expected to offer a solution. The maximum word limit for a manuscript in the form of note is 2,500 words.
4. Comments: A comment is where the author may decide to critique any recent/landmark judicial pronouncement or any recent legislation or bill before the Parliament or State Legislature. The word limit for a comment is 2,500 words.

Submission Guidelines:


1. Word Limit: As has already been indicated, the maximum word limit for articles and essays is 5,000 words (exclusive of footnotes) whereas that for notes and comments is 2,500 words (exclusive of footnotes).
2. Citation Format: The citation format to be used is The Bluebook (19th ed.). In keeping with the same, speaking footnotes are discouraged.
3. Abstract: Every submission should be accompanied by an abstract of not more than 350 words describing the relevant conclusions drawn in the manuscript. Please note that there is no requirement of prior submission of abstract as the selection of the paper for publication shall be on the full manuscript. The abstract shall serve merely to help the Editorial Board in its review process.
4. Biographical Information of Authors: A separate document with biographical information of the authors must also be attached including the following details: Name, E mail address, Postal Address, Name and Address of Institution, Course (if applicable), Academic Year.

Plagiarism Guidelines:



As per the Law Mantra Journal Policy on Academic Misconduct, “plagiarism” means failure to acknowledge ideas or phrases from another source. Such source is not limited to published text. Acknowledgement of others’ work is expected even if the source was a discussion (whether oral or written) with another person, or use of materials on the internet.

1. Multiple submissions are not allowed: “Multiple Submission” means submitting the same, or largely the same, piece of work in more than one journal or competition, without written permission from the instructors involved and or recycling of any part of a previously written piece of work whether or not published without appropriate reference to their your own prior work. Prior permission shall be required if the recycled work forms more than 5% of the new work.
2. Misrepresenting work: Misrepresenting work prepared by another as one’s own means submitting work that has been prepared by someone else (whether for payment or not) as one’s own work. This would include instances where excessive help is taken from another person such that the assessment objective and intention of the assignment/ exercise is frustrated.

Note: It is assumed that work submitted is represented as being authored by the person on whose behalf it is submitted. Falsification of Work Product is falsifying, concocting or misrepresenting of data, statistics, or other observations/ information.


Submission:


All submissions should be made electronically at editor.lawmantra@gmail.com . The last date for submission of manuscripts is 5th May, 2015.
To download Copy Right Form Click HERE

Deadline:


The last date for submission of papers is 5th May, 2015.
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