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Monthly Archives: June 2021

The Test of A “Reasonable Woman”: Battered Woman Syndrome as a Defence from Criminal Liability in the Nepalese Legal System

Posted on June 30, 2021 by NepScholaris Leave a comment

Kiran Paudel

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Taylor Swift’s Copyright Case: Can the Jury Easily “Shake it Off”?
A Study of Human Trafficking Under the Garb of Foreign Employment in the Nepalese Context
Asking the Woman Question: Should the “Tampon Tax” be Exempted?

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Taylor Swift’s Copyright Case: Can the Jury Easily “Shake it Off”?
A Study of Human Trafficking Under the Garb of Foreign Employment in the Nepalese Context
Asking the Woman Question: Should the “Tampon Tax” be Exempted?

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In 2018, the U.S. District Court for the Central District of California decided in favour of Taylor Swift (in a summary judgement), in a copyright case brought against her song titled "Shake if Off". The plaintiffs in the case had alleged that her song had infringed their song titled "Playas Gon' Play". However, upon appeal to the Ninth Circuit, the decision by the district court was reversed and remanded. The district court (after remand) has rejected Taylor's request for a summary judgement. The article critically analyses the case and discusses the concepts of summary judgement (in case of musical copyright cases) and originality. The author has argued that the denial of summary judgement is reasonable. However, he argues, with reference to previous case laws, that no copyright infringement can be observed in the case. Now it remains to be observed what will be decided during the trial.

Human Rights Watch has published its "World Report 2022". With respect to Nepal, the report covers issues on health and education, transitional justice, rule of law, women's and girls' rights, sexual orientation and gender identity, treatment of minorities and key international actors.

Foreign employment has become a major medium of human trafficking in Nepal. It goes without saying that foreign employment has become a “traffickers fish in the stream of migration”. This article discusses the nexus of foreign employment and human trafficking in Nepal and pin points several incentives and legal mechanism in regards to this issue. Maslow’s Hierarchy of need theory has been discussed to study and model the human trafficking practice of Nepal. This article has been authored by Mr. Narayan Sharma, a faculty member at National Law College, Nepal and director of The Legal Collective Pvt. Ltd.

Happy Constitution Day, 2078.

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