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C. Raj Kumar on The US Supreme Court
Professor C. Raj Kumar is spearheading the initiative to establish India’s first global law school known as the Jindal Global Law School as a part of the proposed O.P. Jindal Global University to be located outside New Delhi (Sonipat, Haryana) and less than an hour from the Supreme Court of India in the heart of New Delhi. He was a Rhodes Scholar at the University of Oxford, UK, where he obtained his Bachelor of Civil Law degree; a Landon Gammon Fellow at the Harvard Law School, where he obtained his Master of Laws degree, and a James Souverine Gallo Memorial Scholar at the Harvard University. He also obtained a Bachelor of Laws degree from the University of Delhi, India; and a Bachelor of Commerce degree from the Loyola College of the University of Madras, India. Professor Kumar has held consultancy assignments in the field of human rights and governance. He is Consultant to the National Human Rights Commission in India. He has been a Consultant to the United Nations University, Tokyo; United Nations Development Programme; and the International Council for Human Rights Policy, Geneva. He has advised the Commission to Investigate Allegations of Bribery or Corruption in Sri Lanka and the National Human Rights Commission in India on issues relating to corruption and good governance.Professor Kumar’s areas of specialization, include, human rights and development, corruption and governance, law and disaster management, comparative constitutional law and legal education. He has more than hundred publications to his credit and has published widely in journals and law reviews in Australia, Hong Kong, India, Japan and the U.S. His three co-edited books are Human Rights and Development: Law, Policy and Governance, Tsunami and Disaster Management: Law and Governance, and Human Rights, Justice and Constitutional Empowerment.
Kumar: Well, I mean, as most of us students of law or those who are familiar with constitutional law will recognize that the US Supreme Court does not, you know, does not… very rarely look at comparative law, very rarely draw upon principles of international human rights law or international humanitarian law, for that matter. There are probably a few judges in the US Supreme Court, notably Justice Briar, who occasionally refer to some principles of comparative law, which the decisions of court, other courts. Now, this is also part of the culture and tradition of judicial decision-making in different countries. Now, I mean, I, for one, would strongly argue that courts increasingly should look at different legal traditions and to see how courts have approached problems. And, you know, it’s interesting, comparative law, or comparative judicial decision-making, reference to drawing upon what other courts are doing, this does not necessarily need for the court to actually accept those decisions. It’s… We are the first stage where, you know, even to draw upon is problematic for some judges. For example, Justice Collier of the US Supreme Court. Now, he would probably not be in favor of even drawing upon, even examining or considering the judgments of the South African Supreme Court or some other, you know, courts in the world. Now… So US Supreme Court is an example of how where the issue of comparative judicial decision-making is in a very, very evolutionary stage, and there is a lot more work to be done. But there are also, you know, courts like the South African Supreme Court and, to some extent, the Indian court but also courts in other parts of the common law world, in Australia, where drawing upon foreign jurisprudence is not at all unusual. In fact, if you look at the US, the Indian Supreme Court’s decision in the last 60 years, they have significantly drawn upon, and, in some ways, sometimes rejecting it, that it may not be applicable for the Indian context, or sometimes accepting it, the US Supreme Court decisions, the court of the House of Lords and the English courts’ decisions, and, for that matter, including courts of other jurisdictions. So the point is that the notion or the concept of judiciary, one country’s judiciary drawing upon the jurisprudence and experience of other countries’ judiciary is indeed a subject matter of huge debate even among scholars. It is not a settled issue. Just as there are people who have a very strong view as to how do we interpret the Constitution, for example. While some people argue that Constitution is a dynamic, evolutionary document and that it’s a living document and it has to be interpreted in tune with the current situation that prevails in the society, there are some others who have a very different view that have to look at what the founders had in mind while formulating the Constitution. Just as that issue also invite a sort of different debate, even this is, but one thing I would say is that while different countries are evolving increasingly, the problems of a legal system, problems a country faces are problems of a legal system. As much as we sometimes think it to be unique and distinctive, in reality they probably are not. Meaning that, in many ways, in quite a number of issues, it is entirely possible that what the US Supreme Court is actually deciding on a particular issue of law is pretty similar to what a South African Supreme Court or an Indian Supreme Court and other court is deciding, and it is, it’s… I would say, it becomes almost a duty and responsibility on the part of learned judges to know what is happening in other countries and other societies. I see this to be a knowledge-enhancing, knowledge development process, and that’s why comparative law becomes very useful when it comes to judicial decision-making.
C. Raj Kumar says domestic courts should consider different legal traditions.
Sallie Krawcheck and Bob Kulhan will be talking money, jobs, and how the pandemic will disproportionally affect women's finances.
Health officials in China reported that a man was infected with bubonic plague, the infectious disease that caused the Black Death.
- The case was reported in the city of Bayannur, which has issued a level-three plague prevention warning.
- Modern antibiotics can effectively treat bubonic plague, which spreads mainly by fleas.
- Chinese health officials are also monitoring a newly discovered type of swine flu that has the potential to develop into a pandemic virus.
Bacteria under microscope
needpix.com<p>Today, bubonic plague can be treated effectively with antibiotics.</p><p style="margin-left: 20px;">"Unlike in the 14th century, we now have an understanding of how this disease is transmitted," Dr. Shanthi Kappagoda, an infectious disease physician at Stanford Health Care, told <a href="https://www.healthline.com/health-news/seriously-dont-worry-about-the-plague#Heres-how-the-plague-spreads" target="_blank">Healthline</a>. "We know how to prevent it — avoid handling sick or dead animals in areas where there is transmission. We are also able to treat patients who are infected with effective antibiotics, and can give antibiotics to people who may have been exposed to the bacteria [and] prevent them [from] getting sick."</p>
This plague patient is displaying a swollen, ruptured inguinal lymph node, or buboe.
Centers for Disease Control and Prevention<p>Still, hundreds of people develop bubonic plague every year. In the U.S., a handful of cases occur annually, particularly in New Mexico, Arizona and Colorado, <a href="https://www.cdc.gov/plague/faq/index.html" target="_blank">where habitats allow the bacteria to spread more easily among wild rodent populations</a>. But these cases are very rare, mainly because you need to be in close contact with rodents in order to get infected. And though plague can spread from human to human, this <a href="https://www.healthline.com/health-news/seriously-dont-worry-about-the-plague#Heres-how-the-plague-spreads" target="_blank">only occurs with pneumonic plague</a>, and transmission is also rare.</p>
A new swine flu in China<p>Last week, researchers in China also reported another public health concern: a new virus that has "all the essential hallmarks" of a pandemic virus.<br></p><p>In a paper published in the <a href="https://www.pnas.org/content/early/2020/06/23/1921186117" target="_blank">Proceedings of the National Academy of Sciences</a>, researchers say the virus was discovered in pigs in China, and it descended from the H1N1 virus, commonly called "swine flu." That virus was able to transmit from human to human, and it killed an estimated 151,700 to 575,400 people worldwide from 2009 to 2010, according to the Centers for Disease Control and Prevention.</p>There's no evidence showing that the new virus can spread from person to person. But the researchers did find that 10 percent of swine workers had been infected by the virus, called G4 reassortant EA H1N1. This level of infectivity raises concerns, because it "greatly enhances the opportunity for virus adaptation in humans and raises concerns for the possible generation of pandemic viruses," the researchers wrote.
The word "learning" opens up space for more people, places, and ideas.
- The terms 'education' and 'learning' are often used interchangeably, but there is a cultural connotation to the former that can be limiting. Education naturally links to schooling, which is only one form of learning.
- Gregg Behr, founder and co-chair of Remake Learning, believes that this small word shift opens up the possibilities in terms of how and where learning can happen. It also becomes a more inclusive practice, welcoming in a larger, more diverse group of thinkers.
- Post-COVID, the way we think about what learning looks like will inevitably change, so it's crucial to adjust and begin building the necessary support systems today.
Scientists uncovered the secrets of what drove some of the world's last remaining woolly mammoths to extinction.
Every summer, children on the Alaskan island of St Paul cool down in Lake Hill, a crater lake in an extinct volcano – unaware of the mysteries that lie beneath.
The coronavirus pandemic has brought out the perception of selfishness among many.
- Selfish behavior has been analyzed by philosophers and psychologists for centuries.
- New research shows people may be wired for altruistic behavior and get more benefits from it.
- Times of crisis tend to increase self-centered acts.