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Orthodox in the Extreme: India’s Same-Sex Jurisprudence in Comparative Perspective

—Rehan Abeyratne (Jindal Global Law School) and Nilesh Sinha (Syracuse University) Last week, the Indian Supreme Court issued a controversial ruling in Koushal v. Naz Foundation. It upheld the constitutionality of Section 377 of the Indian Penal Code, which criminalizes “carnal intercourse against the order of nature.” In so doing, it reversed a 2009 Delhi High

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Published on December 16, 2013
Author:          Filed under: Developments

How Precedent Travels

–Sam Halabi, University of Tulsa In a recent Article forthcoming in the Notre Dame Journal of International and Comparative Law, “Constitutional Borrowing as Jurisprudential and Political Doctrine in Shri DK Basu v. State of West Bengal”, I explore one aspect of the countermajoritarian difficulty engendered by use of foreign precedent.  Usually, that concern is articulated

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Published on April 4, 2013
Author:          Filed under: Analysis