Research Methodology & Legal Writing LLM Course Syllabus PDF

CRIMINAL & SECURITY LAWS COURSE RESEARCH METHODOLOGY & LEGAL WRITING NOMENCLATURE COURSE CODE LLMRMCO101T22 CREDITS 5 COURSE TYPE Core SEMESTER 1st Semester The course intends to make the students familiar wi...

CRIMINAL & SECURITY LAWS COURSE RESEARCH METHODOLOGY & LEGAL WRITING NOMENCLATURE COURSE CODE LLMRMCO101T22 CREDITS 5 COURSE TYPE Core SEMESTER 1st Semester The course intends to make the students familiar with nature, scope, and OBJECTIVES significance of legal research. It endeavours to make them aware with various tools and techniques required for successful legal research which plays an important role in the socio-legal development of the country. After the completion of the course, students will be able to: 1. Understand basic concepts of research and its methodologies. 2. Define research problem and identify appropriate research designs and methodologies for solving business and legal issues. 3. Develop critical thinking to find business opportunities and to solve legal OUTCOMES problems. 4. Apply research approaches, techniques and strategies in solving research problem. 5. Demonstrate knowledge and understanding of data analysis and interpretation, writing and presenting of research report.  Meaning, Importance, Nature and Scope of Research  Research Methods v. Methodology  Research Process and Review of Literature Unit I Fundamentals of  Types of Research Research o Applied Research o Descriptive Research o Historical Research o Exploratory Research o Qualitative and Quantitative Research  Defining and Identification of Research Problem  Types of Research Problem  Criteria and Evaluation of Research Problem Unit II Research Problem  Hypothesis o Meaning and Concept of Hypothesis o Characteristics of Hypothesis o Formulation of Hypothesis o Types of Hypotheses  Meaning & Components (Steps)  Characteristics of a Good Research Design  Significance of Research Design Unit III Research Design  Types of Research Design  Research Design in o Exploratory Research o Descriptive Research o Casual Research Unit IV  Meaning & Concept of Sampling Sampling and Data  Types of Sampling Collection o Probability Sampling o Non-Probability Sampling  o Quota Sampling  Factors affecting Sampling  Merits and Demerits of Sampling  Characteristics of a Good Sample  Meaning & Classification of Data  Primary Data o Introduction to Primary Data o Methods of Collecting Primary Data  Observation Method,  Interview Method  Questionnaire Design Method  Survey Method  Secondary Data o Introduction to Secondary Data Source o Types and Limitations of Secondary Data o Methods of Secondary Data Collection  Report Writing Process Unit V  Contents of Reports Writing a Research  Types of Reports Report  Role of Reports and Report Presentation  Steps in Writing a Research Report  Legal and Ethical issues in Research Report Writing Learner Support Material a. Text books 1. Jain S.N., Legal Research & Methodology, Indian Law Institute Publication, (Latest Editions) (Ed) Tripathi Pvt. Ltd., Bombay, 2017 (Re-print Edition) 2. Kothari C.R., Research Methodology Methods and Techniques, 7th Edition, New Age International Publishers, Haryana (2020) 3. Madhava Menon N.R. (Edn) A Handbook of Clinical Legal Education, Eastern Book Co. Lucknow, Re-print edition (2018) 4. Myneni S.R., Legal Research Methodology, Pioneer Books, Allahabad Law Agency, 3rd Edition, (2018) 5. Thakur Devendra, Research Methodology in Social Sciences, Deep & Deep Publications Pvt. Ltd. (2018) 6. Tiwari H.N., Legal Research Methodology, Allahabad Law Agency, Haryana, (2017) 7. Verma S. K. & Wani Afzal, Legal Research and Methodology, Indian Law Institute, New Delhi, (2020) b. Online Resources 1. https://www.ijrrjournal.com/IJRR_Vol.6_Issue.3_March2019/IJRR0011.pdf 2. https://journals.sagepub.com/doi/abs/10.1177/1097184X062877 65?journalCode=jmma COURSE COMPARATIVE PUBLIC LAW NOMENCLATURE COURSE CODE LLMCPCO 102T22 CREDITS 5 COURSE TYPE Core SEMESTER 1st Semester Constitutional Law and Administrative Law together make the broad periphery of Public Law. Public Law was first defined by Romans as “res publica” which meant Public Good. Public Law regulates the relationship between individual OBJECTIVES and the State. However, the domain of public law needs to be revisited and the course focusses on how public law has become significant due to the concept of ‘Welfare State.’ The learners are made aware about the various systems of governance worldwide with a comparative approach to critically analyse the various legal systems. After the completion of the course, students will be able to: 1. Understand as to how the study of legal systems promotes clarification and simplification of the law. 2. Assimilate the concepts for better adaptation to social needs to secure better OUTCOMES administration of justice. 3. Analyse the concept of comparative legal systems and relate its contribution to the unification and harmonization of law through convergence. 4. Comprehend the functioning of law under different legal systems.  Meaning and Types of Law  Public Law v. Private Law  Meaning & Elements of State  Theories of Origin of State  Public Policy o Meaning, Characteristics and Types o A Global View of Public Policy  Theories of Governance o Rational Choice Theory Unit I o Political Economy Theory Introduction  Meaning and Types of Constitution  Constitutional Law & Constitutionalism  Major Legal Systems of the World o Monarchical System o French Legacy o German Legacy o English Monarchy o Defeat of Absolutism o Parliamentary Sovereignty o Present Scenario in U.S.A., U.K., India and Australia  Organs of State – Relationship between the Executive  Legislature and the Judiciary – Executive, Legislative & Judicial Process Unit II  Comparative Study of the Organs of the State Structure of State &  Forms of Government Forms of Government o Parliamentary Form of Government o Presidential Form of Government o Mixed Models of Government   Structure of Government o Unitary Form of Government o Federal Form of Government o Quasi Federal Government o Local Self Government o Ombudsman  Role of Courts in preserving Federalism  Cooperative Federalism  Theory of Checks and Balances  Fundamental Rights  International Instruments and their absorption in Indian Laws Unit III  Separation of Powers – Conceptual Analysis Restrictions and  Comparative Analysis of U.S.A. and India Checks on Governmental Power  Rule of Law  Judicial Review – Marbury v. Madison, L. Chandra Kumar v. Union of India  Judicial Accountability – Judicial Accountability Bill, 2013  Inclusive Development in India – Sacher Committee Report Unit IV  Reconciling Pluralism and Diversity with centralised power Problems in  Reflection of Social Changes in Governance Governance  Globalisation, Privatisation, Internationalisation  Right to Information & Allied Dimensions  Conceptual Analysis of Adversarial and Inquisitorial Models  Impact of Domestic Violence Laws for the Empowerment of Women (Articles 14, 15, 16, 21, 23 and relevant sections of The Indian Penal Code, Code of Criminal Procedure and Special Laws related to Women) Unit V  Effectiveness of Rape Laws under the Criminal Justice System (Malimath Comparative Committee and Verma Committee Reports) Criminal Law  Plea Bargaining under the Criminal Justice System compared with the U.S.A. and U.K.  White Collar Crimes  Law relating Juvenile Justice Learner Support Material a. Text books 1. B. Peters and John and John Pierre, Comparative Governance: (Latest Editions) Rediscovering the Functional Dimension, Cambridge University Press, 2016. 2. Bruce R. Scott, Capitalism: Its Origins and Evolution as a System of Governance, Springer, 2011. 3. Harald J Laski, “Grammar of Politics”, 1st Edition, Surjeet Publications, 2007 4. Herman Finer, “Theory and Practice of Modern Government”, 4th Edition, Surjeet Publication, 2010. 5. Ivor Jennings ‘Law and Constitution’, Original Publications 1933. 6. John Pierre and B. Peters, Governance, Politics and the State” 2nd Edition, Palgrave Macmillan, 2000. 7. Lawsky, “Grammar of Politics”, 1st Edition, Surjeet Publications, 2007. 8. Mark Bevir, Governance: A Very Short Introduction, Oxford University Press, 2012. 9. Pounds Jurisprudence, 1st Edition,Law Book Exchange Publication, 2006. 10. W. G. Paton, A Text Book on Jurisprudence, 4th Edition, Oxford University Press, 2007 11. A.V. Dicey, An Introduction to the study of the Law of the Constitution, Tenth Edition, Universal Publishing Co. 2013 12. Constitutions of the different (countries world constitutions), 8th revised edition, Sterling Publishers Pvt. Ltd., 2006 13. D. D. Basu “Shorter Constitution”, The Law of Press of India, 5th Edition, Lexis Nexis Butterworths Wadwa, 2010 14. H. M. Seervai, “Constitutional law”, Constitutional Law of India, Universal Law Publishing Co.,4th Edition, 2008 15. V. N. Shukla “Constitutional Law”,13th Edition, EBC, 2019 COURSE CRIMINOLOGY & CRIMINAL JUSTICE ADMINISTRATION NOMENCLATURE COURSE CODE LLMCJDS 103T22 BRANCH Criminal & Security Laws CREDITS 5 COURSE TYPE Elective SEMESTER 1st Semester The course aims the students to receive in-depth training in the theoretical and OBJECTIVES empirical foundations of criminology, the workings of the criminal justice system, and the enforcement of criminal sanctions. They moreover acquire the specific methodological knowledge they need to conduct empirical research in the field of criminology. After the completion of the course, students will be able to: 1. Understand conceptual aspects of Crime, Criminology and Criminal Justice Administration. OUTCOMES 2. Discuss various theories of Criminology. 3. Interpret the pivotal role of criminal justice administration in India. 4. Examine criminal psychology and its associated dimensions. 5. Evaluate new trends in criminology and its impact in today’s society.  Conceptualizing Crime, Criminology and Criminal Justice Administration Unit I  Crime: Causes and Stages; Crime and Morality Introduction to  Inter relationship between Criminology, Penology and Victimology Criminology  Fundamentals of Criminal Law and Possibility of Science of Criminology  Multiple Factor Approaches to Crimes  Pre-Classical School of Criminology  Classical and Neo-Classical Theory a. Bentham b. Beccaria  Positivist Theory a. Lombroso b. Enrico Ferri c. Rafalo Garofalo Unit II  Ecological Theory: Durkheim’s Anomie Theory & Its Demerits Theories of  Economic Theory Criminology a. Karl Marx b. William Bonger  Sociological Theory a. Edwin Sutherland’s Differential Association Theory b. Labelling Theory  Modern Theories  Radical Criminology  Feminist Criminology  Historical Background of Criminal Justice Administration in India  Pillars of the Criminal Justice System: Police, Courts & Prosecution, Unit III Prisons Criminal Justice  Police Administration o Meaning and Concept of Police – Police & Policing o Functions of the Police o Traditional v. Modern Police  o Model Police Act v. Police Act, 1861  Prosecution  Meaning and Concept of Prosecution in India  Need and Development of Prosecution in India  Present Position of Prosecution in India  Prisons  Meaning, Concept and Need of Prisons  Theoretical Underpinnings of Imprisonment  Prison Problems & Prison Criminality  Criminal Psychology: Meaning & Concept  Inter-relation Psychology, Criminology and Psychiatry with reference to Mental Tester and Psychiatric School  Mental Disorder and Crime: M’ Naughten’s Rule of Criminal Responsibility Unit IV  Modern Methods of Crime Detection/Prevention Criminal Psychology  Media  Video Conferencing  Narco-Analysis Test  Brain Mapping and Lie Detector Test  Crime Statistics  Crime Chart/Map: National Crimes Record Bureau (NCRB)  White Collar Crime o Meaning & Nature of White-Collar Crimes o White Collar v. Blue Collar Crimes & White-Collar v. Traditional Crimes o Types of White-Collar Crimes o Judicial Trends with regard to White Collar Crimes o Impact of White-Collar Crimes  Cyber Crimes o Meaning and Concept of Cyber Crimes o Typology of Cyber Crimes Unit V o Judicial Trends on Cyber Crimes New Trends in o Impact of Cyber Crimes Criminology  Organized Crimes o Concept and Types of Organised Crimes o Judicial Trends on Organised Crimes  Alcoholism & Drug Abuse o Meaning and Causes of Alcoholism & Drug Abuse o Prohibition of Alcoholism & Drug Abuse  Hate Crimes  Meaning and Definition of Hate Crimes  Nature & Scope of Hate Crimes  Hate Crimes & Indian Law Learner Support Material a. Text books 1. Giddens, Sociology (2008) (Latest Editions) 2. Oxford Handbook of Criminology (2009) 3. Paranjapayee, N. V., Criminology, Penology & Victimology, Central Law Agency (2019) 4. Siddique, A., Criminology and Penology, Allahabad Law Agency (2020) 5. Sutherland, E. H., Criminology, Eastern Book Company (2019) COURSE SENTENCES & SENTENCING NOMENCLATURE COURSE CODE LLMSSDS 104T22 BRANCH Criminal & Security Laws CREDITS 5 COURSE TYPE Elective SEMESTER 1st Semester This paper deals with various aspects of sentencing right from history of penal policy, to development of sentencing policy across various jurisdictions and how judicial discretion remains to be the key issue in sentencing even now. During the course of the study, we shall also look into the aggravating and OBJECTIVES mitigating factors which pervade the system of sentencing coupled with various patterns of sentences, constitutional and procedural aspects and also the rights of victims. In furtherance to all of the above, we shall also look into the correctional aspects, interpretation and study of trend analysis and also the role of Evidence Based Practice in reduction of recidivism amidst various other discourses. After the completion of the course, students will be able to:  Examine the historical development, the theoretical underpinnings that have pervaded system of sentencing.  Identify the various forms and types of sentencing.  Analyse the sentencing aspect pertaining to the crimes committed.  Analyse the impact of judicial discretion in sentencing. OUTCOMES  Understand the aggravating and mitigating factors that affect sentencing.  Analyse both early and contemporary judicial thinking and legal reasoning on key matters related to sentencing.  Articulate informed opinion over important, controversial and ever dynamic issues on sentencing.  Introspect upon the key procedural issues related to sentencing.  Look into the various forms of correctional sentences.  Sentences & Sentencing o Concept of Sentences & Sentencing Unit I o Developments in the Penological thoughts An Introduction to  Evolution of Penal System Sentencing  Types of Sentences  Dichotomy and convergence of Penal Policies, Sentencing Aims International Movements towards Sentencing Reform  Dichotomy between Utility and Jus Deserts Philosophies Unit II  Retribution Rationales of  Deterrence Punishment and  Incapacitation Justification for Penal Measures  Rehabilitation  Reparation Unit III  Judicial Discretion & Sentencing Disparity in imposing punishments (death Aggravation and sentence, life-terms, imprisonment and fines) Mitigation Factors in  Special Sentencing powers and its justifications determining  Aggravation and Mitigation in Theory, Rarest of Rare principle Sentences  Elements of Proportionality in Sentencing   Procedural Due Process in Sentencing Unit IV  Executive influences on sentencing Procedural Issues in  Impact of Plea Bargaining on sentences and Victim’s Compensation Sentencing  Implementation of Determinate Sentencing Guidelines Unit V  Probation Correctional and  Parole Therapeutic  Young & Habitual Offenders Approaches of  Recidivism and Evidence Based Practice Sentences  Feasibility of Community Sentences Learner Support Material a. Text books 1. Arthur Wint and Duane Ruth-Heffelbower (1999), “Are Restorative Justice (Latest Editions) Processes Too Lenient Toward Offenders?” (pp. 167-85), in John Fuller and Eric Hickey (eds), Controversial Issues in Criminology. Boston: Allyn & Bacon. 2. Barbara Hudson (1998), “Restorative Justice: The Challenge of Sexual and Racial Violence,” 25 Journal of Law and Society 237. 3. Beccaria, C., (1986), On Crimes and Punishments, D. Young Trans., Indianapolis, P.23. 4. Bentham, Jeremy, (1962), Anarchical fallacies, John Browning ed., P.501 5. Feinberg, Joel, (1970), Doing and Deserving: Essays in the Theory of Responsibility, P. 95. 6. Fletcher, George P., (1998), Basic Concepts of Criminal Law, Oxford University Press, New York, P.33 7. Fletcher, George P., (2007), The Grammar of Criminal Law: American, Comparative, International (manuscript on file with the Cardozo Law Review), P.327 8. Foucalt, Micheal, (1977), Discipline and Punish: The Birth of the Prison, P.3-16 9. Gary T. Lowenthal, Mandatory Sentencing Laws: Undermining the Effectiveness of Determinate Sentencing Reform, CALIFORNIA LAW REVIEW, Vol.81, Ni.1, Jan (1993) 10. Hart, H.L.A., (1968), Punishment and Responsibility: Essays in the Philosophy of Law, Pp.4-5. 11. James Whitman (1998), “What is Wrong with Inflicting Shame Sanctions?” 107 Yale Law Journal 1055, 1055-92. 12. Jo Dixon, The Organizational Context of Criminal Sentencing, AMERICAN JOURNAL OF SOCIOLOGY, Vol.100, No. 5, Mar. 1995 13. Kant, Immanuel, (1991), The Metaphysics of Morals, Mary Gregor trans., P.141 14. Lucia Zedner (1994), “Reparation and Retribution: Are They Reconcilable?” 57 Modern Law Review 228, 228-50. 15. Marc L. Miller, A Map of Sentencing and a Compass for Judges: Sentencing Information Systems Transparency, and the Next Generation Reform, COLUMBIA LAW REVIEW, Vol. 105, No. 4, May 2005 COURSE NOMENCLATURE RESEARCH WRITING COURSE CODE LLMRWAE 105T22 CREDITS 3 COURSE TYPE AEC SEMESTER 1st Semester This subject requires teaching to be a combination of theoretical foundation with COURSE practical application especially the usage of appropriate writing skills. The contact DESCRIPTION hours will be utilized in class instruction, discussions and brainstorming sessions. The enrolled students will be encouraged to participate in classes via minor assignments in the form of a quiz and writing assignments. The course objectives are to :  enable the students to differentiate between various kind of academic writings and ways to identify and avoid plagiarism OBJECTIVES  practice the basic skills of performing quality literature review and write research proposals, conference abstract and book chapters/ book proposals  practice the basic skills of research paper writing and reviewing papers  target the research work to suitable journal and communicate for publication After the completion of the course students would be able to : i. understand the qualitative aspects of a good research paper and ways to identify and avoid plagiarism ii. learn and hone the basic skills of performing quality literature review OUTCOME and writing research proposals iii. get a more detailed view on how to delimit one’s paper and the art of critical appreciation of any research paper iv. target the research work to suitable journal and suitable communication techniques for publication INTRODUCTION Importance of Academic Writing Unit I Basic rules of Research Writing Styles of research writing Plagiarism: Concept, Tools for the detection of plagiarism, Avoiding plagiarism Unit II LITERATURE REVIEW, SCOPE AND LIMITATION  Literature Review Source of Literature Process of Literature review Delimiting Research Domain : Scope and Limitation RESEARCH PAPER WRITING [Abstract/ Conference Paper/ Book/ Book Chapter writing] Theoretical and Practical aspects of Research Paper writing will be discussed sequentially. Unit III Introducing the Work Setting up the Chapters Critical Appreciation of Previous Research (as identified) Referencing and Citation WRITING REVIEWS Peer Review : Concept Unit IV Critical Appreciation Tools for Critical Appreciation RESEARCH PROPOSAL WRITING AND ATTEMPTING Unit V PUBLICATION Research Proposal Writing : Concept and Suggested Content Submission and Post – Submission Management LEARNER SUPPORT MATERIAL 1. Agrawal S.K., Legal Education in India , Tripathi Publishers, Bombay 2. Jain S.N., Legal Research & Methodology, Indian Law Institute Publication, (Ed) Tripathi Pvt. Ltd., Bombay 3. Verma S.K.&Wani Afzal, Legal Research and Methodology, Indian Law Institute, New Delhi Text 4. Myneni S.R. , Legal Research Methodology, Pioneer Books, a. books Allahabad LawAgency, 3rd Edition (Latest 5. Thakur Devendra, Research Methodology in Social Sciences, Editions) Deep & Deep Publications Pvt. Ltd. 6. Madhava Menon N.R. (Edn) A Handbook of Clinical Legal Education, Eastern Book Co. Luknow 7. Tiwari H.N., Legal Research Methodology, Allahabad Law Agency, Haryana 8. Kothari C.R., Research Methodology Methods and Techniques, 2nd Edition, New Age International Publishers, Haryana COURSE SEMINAR PAPER – I NOMENCLATURE COURSE CODE CREDITS 3 COURSE TYPE Generic Elective SEMESTER 1st Semester OBJECTIVES The course intends to make the students choose any course from any discipline of their choice and have an in-depth knowledge about the same. It can be an online MOOCS Course offered by the portals like SWAYAM, NPTEL etc. After the completion of the course, students will be able to: 1. Understand basic concepts of pertaining to the course of their choice. OUTCOMES 2. Conceptualise the core issues in the course opted for. 3. Develop critical thinking to conceptualise the problems within the domain of the course.  SEMESTER II COURSE LAW & JUSTICE IN A GLOBALISED WORLD NOMENCLATURE COURSE CODE LLMLJCO 201T22 CREDITS 5 COURSE TYPE Core SEMESTER 2nd Semester The course aims at enlightening the students about the meaning, nature and scope of law. It seeks to create an understanding about the nature of law and justice and, in particular, the relationship between the two in contemporary society. OBJECTIVES The focus here will be not only on explaining and critically analysing different general theories of justice, but especially upon determining how these theories articulate the specific relation (or lack of relation) between justice and law. The course will then put these ideas to work through a consideration of a number of contemporary problems concerning law and justice which have arisen due to globalization. After the completion of the course, students will be able to: 1. Have an understanding of broader perspective of the complex global legal problems. OUTCOMES 2. Develop skills to analyse and evaluate the contemporary globalisation from the lens of law and justice. 3. Analyse a problem-solving approach to the contemporary world situations.  Meaning and Concept of Law & Justice  Types of Law  Relationship between Law & Justice – Justice as a Purpose and Function of Unit I Law Introduction  Indian Concept of Justice – Dharma as Law and Justice  Concept of Justice perceived by Plato & Aristotle  Globalisation: Meaning, Objectives and Need  Global Justice vis-à-vis Right to Development  Origin of Law – Greek and Roman Theory of Law o Natural Law Theory – St. Thomas Aquinas, Fuller, Finnis o Positivist Approach – John Austin, Hans Kelsen o Sociological Approach – Roscoe Pound & Duguit o American Realism – Jerome Frank and Karl Lewellen o Scandinavian Realism Unit II  Concept and Types of Justice Legal Theory &  Theories of Justice Justice o Utilitarianism and Hedonism o Marxist Approach to Justice o John Rawls Theory of Justice o Ronald Dworkin’s Theory of Justice o Gandhian Approach to Justice and Sarvodaya o Amartya Sen’s Theory of Justice o Feminist Approach to Justice Unit III  State, Sovereignty and Transnational Law Role and Reformation  Economic and Trade Institutions – FDP and MNCs of Global Institutions  Structural Reforms of United Nations Security Council   International Judicial Institutions o International Criminal Court o International Court of Justice o International Domestic Tribunals  Social Contract & Social Justice Unit IV  Multi Culturalism and Cosmopolitanism Models to Achieve  Significance of Human Rights Education in the Global Scenario Global Justice  Global Justice and Global Rule of Law  Transnational Enforceability of Law  Position of Property in Modern Society Unit V  Criminal Liability of Corporations Impact of  Changing Paradigm of Punishment Globalisation on Law  Plea Bargaining in U.S.A. and India & Justice  Witness Protection Schemes  Compounding of Offences  International Minimum Standards of Justice Learner Support Material a. Text books 1. A Theory of Justice by John Rawls, Universal Law Publishing Co., Delhi, (Latest Editions) 2018 Approach, Edited by Joanna Jemielniak & Przemyslaw Miklaszewicz, Springer, Berlin Heidelberg, 2009 2. Concept of Law by HLA Hart, Oxford University Press, 2010 Delhi, 2017 3. Human law and Human Justice by Julius Stone, Universal Law Publishing Co., Delhi, 2018 4. Interpretation of Law in the Global World: From Particularism to a Universal 5. Jurisprudence the Philosophy and Method of the Law, Bodenheimer, Universal Law Publishing Co., Delhi, 2017 6. Law and Society in Modern India by Marc Galanter, Oxford, 2009 7. Law in a changing society by W. Friedmann, Universal Law Publishing Co., 8. Law’s Empire by Ronald Dworkin, Harvard University Press, 2018 9. Legal System and Lawyers’ Reasoning by Julius Stone, Universal Law Publishing Co., Delhi, 2017 10. Legal Theory by W. Friedmann, Universal Law Publishing Co., Delhi, 2018 11. On Law and Justice by Alf Ross, University of California Press, 2010 12. Pure Theory of Law by Hans Kelsen, University of California Press, 2011 13. The Province and Function of Law, Universal Law Publishing Co., Delhi, 2018 COURSE POLICE LAW & ADMINISTRATION NOMENCLATURE COURSE CODE LLMPLDS 202T22 BRANCH Criminal & Security Laws CREDITS 5 COURSE TYPE Elective SEMESTER 2nd Semester The domain of police science has not been traversed much. Police Law as a OBJECTIVES subject of study aims to acquaint the students with the historical background of police in India, their functions, duties, responsibilities and accountability. After completion of the course, the students will be able to:  Define the concept of police and policing in India and abroad.  Classify police operations and functions. OUTCOMES  Illustrate the police culture in India today.  Highlight the various legal issues associated with policing.  Devise the strategies to deal with the contemporary issues in policing.  Conceptualising Police and Policing & Theories of Policing  Traditional v. Modern Police: An Analysis Unit I  Police across Cultures An Introduction to th o A Historical Study: U.K. – 17 Century to Present Police & Policing o U.S.A. – Colonial Period to Present o India – Colonial Rule to Present  Hierarchical Division of Labour  Functions of the Police  Police Patrol Operations Unit II o Meaning and Concept Police Organisations o Operations in India and Abroad  Police Training o Meaning and Types of Training o Relevance of Police Training Today  Police Role – Need and Relevance Today  Police Discretion o Meaning and Concept of Police Discretion o Need for Police Discretion Unit III o Abuse and Misuse of Discretion Police Culture: Issues  Police Stress and Hazards in Concern o Concept and Causes of Stress o Types of Hazards o Remedies Available  Police Corruption o Concept and Causes of Corruption  o Control Mechanisms  Police and the Law o Comparative Analysis of the Model Police Act and The Police Act, Unit IV 1861 Policing & Legal  Police as a Pillar of the Criminal Justice System – Its Function and Position Issues  Police and Investigation – Role of Police in Criminal Investigation Process  Police and Terrorism – Role of Police in Combatting Terrorism  Community Policing – Comparative Analysis of the US and the Indian Unit V Model Contemporary Issues  Restorative Policing – Relevance and Need in the 21st Century in Police & Policing  Police and Minority Relationships  Global Policing and Interpol Learner Support Material a. Text books Textbooks: (Latest Editions) 1. Dogra, S. K., Criminal Justice Administration in India, Central Law Publications (2001) 2. Maguire & Morgan, Crime, Criminology & Criminal Justice Administration, Oxford University Press (2008) 3. Mishra, V., Community Policing: Misnomer or Fact? New Age Publications 4. Rowe, M., Introduction to Policing, Oxford University Press (1997) 5. Siddique, A., Criminology and Penology, Allahabad Law Agency (2021) 6. Swamy, N. M. – Criminology and Criminal Justice System, Eastern Book Company (2018) Articles: 1. Mitra, A. & Chakrabarti, N.K. (2015) Community Policing in Question: A Mesmeric Philosophy or Derisory Programmes? Indian Bar Review 2015, Volume 42(3) pp.85-97. ISBN 978-81-931981-0-0 2. Mitra, A. (2011) Police and ICTs: Amelioration or Affliction? Calcutta Law Times, Vol 4, October-November Part I and II, pp.15-16 and 17-22. ISSN 0971-748X 3. Mitra, A. (2012) Traditional vs Modern Police: Are they Congruent?” Indian Journal of Criminology, V39n (1& 2), pp.1-11 ISSN 0974-7249 COURSE Comparative Criminal Procedure NOMENCLATURE Course Code LLMCPDS 203T22 Credits 5 SEMESTER 2nd SEMESTER The subject of comparative criminal procedure presents the various dynamics of Criminal Procedure of different jurisdictions both LEARNING Common Law and Civil Law and compares it with that of India. The OBJECTIVES course offers comparative aspects of the roles of the police, prosecutor and judges in the procedures of investigation, prosecution, trial and sentencing. 1) The student will be able to familiarise themselves with the basic types of Criminal Justice Administration, viz. adversarial and inquisitorial. 2) The student will be able to analyse the investigation by police in India, U.S., U.K and Wales, Scandinavian countries, German COURSE 3) To enable the students to evaluate the procedural OUTCOME distinctions in the prosecution in India and other Civil law and Common Law Countries. 4) To enable the students to understand the trial process and fair trial principles in India and other Civil law and Common Law Countries. 5) To understand and appreciate the sentencing process in India and other Civil law andCommon Law Countries. Dynamics of Criminal Justice Administration: Criminal Justice Administration is aimed at regulation of human conduct and enables the State to govern. The Stake Holders of Criminal Justice System- Police, Courts, Prosecutor, Defense Attorney, Correctional Homes, Probation Officers are bestowed with different powers and obligations under the laws of different jurisdictions. Unit I 1. Conceptualization of the Criminal Justice Administration and the Stake Holders of Criminal Justice System- Police, Courts, Prosecutor, Defense Attorney, Correctional Homes, Probation Officers 2. Common Law v. Civil Law Tradition- Evolution and distinguishing features of Criminal Justice Process 3. Adversarial System and its characteristics and  distinguishing features from Inquisitorial System 4. Models of Criminal Process- Herbert L. Packer and additional models proposed by Kings Theory- Evolution and features of the Common law and Civil law systems, differences in Inquisitorial and adversarial systems and Criminal Justice Models Course Take away- In this module the students will learn about the different traditions, types and models of criminal Justice administrations across the globe. Skill- Analytical, Inductive and Deductive reasoning, articulation, coordination with groupand presentation Role of the Police - Powers and Obligations: The object of this module is to make an in- depth comparative analysis of the role of the Police in different jurisdictions of the world. 2.1 Role of the Police and its obligations under the Criminal Procedure Code 1973 Power to Investigate including registration, search, seizure, arrest, collection of evidence, submission of Police Report, Preventive Powers The system in operation in France and Germany Police Powers in England, Scotland Yard Police - Power of Stop, entry, search, arrest and detention Unit II Police Powers some Developed Countries- Power of Stop, Frisk, entry, search, arrest and detention, Safeguards under 4th Amendment to 14th Amendment of the US Constitution, Rights of the Aarrestee. Theory- Evolution and features of the Common law and Civil law systems, differences in Inquisitorial and adversarial systems and Criminal Justice Models Skill- Comparative analysis, Inductive and Deductive reasoning, articulation, coordination with group and presentation Prosecution and its Role in Criminal Justice and Pre-trial Procedures: Prosecution process sets the tone for the trial of a criminal case and the prosecutor is a key functionary in that. This module presents role of prosecutor and its powers under the Unit III CrPC, UK and US andcertain civil Law Countries. 1. Prosecuting agency in India under the Criminal Procedure Code 1973. 2. Framing of Charge-Procedure and Considerations under the  Criminal Procedure Code 1973, 3. Charging Process – Application of the Full Code Test and Threshold Test. Case management and Prosecution under the UK system 4. Charging Process in the USA. Role of the prosecutor and charging decision, plea bargaining 5. Charging and prosecution in Civil Law Countries Theory- Framing of charge, basis of charging in UK& US, Plea-bargaining, prosecutorialdiscretion Skill- Comparative analysis, Inductive and Deductive reasoning, articulation, coordination with group and presentation Principle of Fair Trial and Dynamics of Trial Process: During the trial process there is always an effort to balance the rights of the accused with the need to have swifter administration of justice. With this background the module explores fair trial principles under different jurisdictions and examines the laws relating to the trial process under the CrPC, UK and US CJS and certain civil Law Countries. o Structure and Hierarchy of Courts in India  Trial Process in India under the Criminal Procedure Code 1973, Sessions trial, trial of warrant cases and summons cases and summary trial o System of Courts in UK, Trial Process in UK, Jury system o Federal Structure and system of Courts in US  Jury system, Preliminary hearing, Grand Jury hearing, Unit IV Presentment and Arraignment o System of Courts and Trial Procedure in Continental Countries o Concept of Fair Trial under the Indian Constitution  Abuse of Process and Stay of Prosecution under the UK System Pre-Trial Motions and Trial Process in US Theory- Different types of Trials under CrPC, Trial procedures in US, UK and Civil Law jurisdictions, Fair trial principles. Skill- Comparative analysis, Research, articulation,  coordination with group andpresentation Sentencing Practices (Intra mural and Extramural):Sentencing process involves the implementation of the penal policy etched in the penal laws. The various modes of sentences have specific outcome-expectations. This module explores the different types of Intra-mural and Extra mural sentences available under the CrPC, UK and US CJS and certain civil LawCountries. o Punishment under Section 53 IPC o Pre-Sentence Investigation in US, sentencing process and sentencing decisions and discretions in India o Application of Determinate Sentencing Guidelines in the US and UK o Probation system- Its application under the Criminal Procedure Code 1973 and Probation of Offenders Act and efficacy Comparison with US, UK and Continental Countries o Parole System in US – Truth in Sentencing, Comparison with UK, India and Continental Countries. Unit V Theory- Types of punishment, Sentencing discretion, sentencing guidelines, extra-muralsentencing practices Skill- Comparative analysis, Research, articulation, coordination with group, drafting of sentencing guideline and presentation Leading Cases/ Case Study: 1) Miranda v. Arizona 384 U.S. 436 (1966), 2) Mapp v. Ohio 367 U.S. 643 (1961) 3) P. Vijayan v. State of Kerala AIR 2010 SC 663 4) Environmental Agency v. Stanford (1998 C.O.D. 373 D.C. 5) Duncan v. Loisiana 391 US 145, 149 (1968) 6) Wood v. Georgia 370 US 375 (1962) 7) Vasquez v Hillery, 474 US 254 (1986) 8) Mukesh & anr vs State for NCT Of Delhi & Ors on 5 May, 2017 9) Mistretta V. US 488 US 362 (1989) 10) US v. Booker 543 US 20 (2005) COURSE INTERNATIONAL CRIMINAL LAW NOMENCLATURE COURSE CODE LLMICDS 204T22 BRANCH Criminal & Security Laws CREDITS 5 COURSE TYPE Elective SEMESTER 2nd Semester OBJECTIVES Widespread violations in International Humanitarian Law had become a practice in the contemporary world. Thus, growing concerns of the international community resulted in a demand for international prosecution before international criminal tribunal for those who committed heinous crimes recognised under customary international law as a threat to international peace and security and thus the course aims to impart knowledge of the same and acquaint the students with the jurisdictions of the tribunals and their mechanisms of prosecution. OUTCOMES After completion of the course, the students will be able to:  Elucidate the historical background of International Criminal Law.  Define and classify the various international crimes.  Appraise the jurisdictions of the various tribunals.  Evaluate the role of International Criminal Court.  Examine the contemporary issues in International Criminal Law. Unit I  Background and development of International Criminal Law Introduction  Historical Development o Treaty of Versailles o Nuremberg and Tokyo Trials o Genocide Convention, 1948 o Geneva Convention, 1949 o ILC Draft Code of Crimes against Peace and Security of Mankind  Individual Criminal Responsibility  State Sovereignty and International Criminal Law Unit II  General Principles of International Criminal Law Crimes & Elements  Elements of Crimes Genocide of Crimes o Article 6 of ICC Statute – Prosecutor v. Akayesu (ICTR 1998), Prosecutor v. Krstic (ICTY 2004), o War Crimes – Article 7 of ICC Statute o Crimes Against Humanity  Modes of Criminal Responsibility and Defences o Prosecutor v. Hinga Norman (Case No: SCSL – 2004-14-AR729E) o Prosecutor v. Blaskic (ICTY 2004) Unit III  International Criminal Tribunal for Yugoslavia (ICTY) Courts & Tribunals  International Criminal Tribunal for Rawanda (ICTR)  The Iraqi Special Tribunal  Special Court of Sierra Leone  Extraordinary Court of Cambodia  The International War Crimes Tribunal (Bangladesh) Unit IV  Origin and Establishment of International Criminal Court International  Jurisdiction, Powers and Functions of the ICC Criminal Court  Proportionate Sentencing at ICC   Exclusionary Rule of Evidence and ICC Unit V  Working of ICC & impact on India vis-à-vis Indian Perspectives of ICC Contemporary  Response of South Asian Countries to ICC Issues in ICL & ICC  The Future of International Criminal Law Learner Support Material a. Text books 1. Antony Anghie Imperialism, Sovereignty and Making of International Law. (Latest Editions) Cambridge University Press (Chapter- 1, 2, 4 and 5) (2009) 2. B.S. Chimni, Third World Approaches to International Law.: A Manifesto. International Community Law Review 8:3-27, (2006). 3. Benedict Kingsbury, Cambridge Companion to International Law (2018) 4. Cambridge Companion to International Criminal Law, Frederic Megret International Law as Law www.cambridge.org./core. 5. International Courts Uneven Judicialization in Global Order: Ten types of International Courts Crawford and M. Koskenniemi (2009) 6. Robert Cryer International Criminal Law Vs State Sovereignty: Another Round (2017) 7. William Schabas An Introduction to International Criminal Court Cambridge University Press (2000) b Case Studies 1. Prosecutor v. Molla (September 5, 2013) 2. Chief Prosecutor v. M. R. Nizami 3. Prosecutor v. Dusko Tadic COURSE CORPORATE CRIME/WHITE COLLAR CRIME NOMENCLATURE COURSE CODE LLMWCDS 205T22 CREDITS 5 SEMESTER 2nd Semester 1. To make students learn the theoretical premise of white-collar crimes and corporate crimes in their various dimensions including laws and regulations LEARNING to curb them. OBJECTIVES 2. To help build among students the research and teaching ability on the specialised topics of criminal law dealt with in this paper. The student will be able to learn the concept of White Collar Crime and also shall appreciate its theoretical explanation and identify the white-collar criminals. This shall develop their ability to identify white-collar criminality from various sources shall be able to learn to use it in teaching and research. Areas like judicial attitude towards white-collar crime shall help them to explore new areas of research. The students will be able to learn the concept of corporate crime and modus COURSE operandi of the same. White-collar crime takes place in the corporate field in OUTCOME specialised ways. Students will be able to identify the model for criminality in a corporate house and with contemporary examples shall explore further researchable areas. This module will help the Students to explore specialised areas of crime corporate criminality. The final module shall help learn students laws and remedies of corporate crimes. The application of the laws shall offer the students assess if the laws are adequate to address the challenges posed by corporate crime. Conceptualizing White Collar Crime 1. Meaning and Concepts of White Collar Crime 2. Causes, Dimension and Theoretical Explanations of WCC Unit I 3. Difference between WCC and Traditional Crimes 4. Various Legislations and Reports on WCC 5. Judicial Attitudes on WCC Concept, Models and Theories of Corporate Criminal Liabilities 1. Corporate Crime Introduction – An overview of corporate crime 2. Types of corporate crime Unit II 3. Impact of corporate crime on the Indian economy 4. Models of Corporate Crime: Doctrine of Vicarious Liability, Theory of Alter Ego and Identification, Theory of Corporate Culture, Theory of Sanctioning, Theory of Aggregation  Corporate Offences: Corporate and Securities-related Crimes 1. Crimes under the Company Act, 2013 Corporate offences for Shares: : Section 53 - Prohibition on an issue of shares on discountSection 187(4)- Investments of Company to be held in its own name Corporate Offences for Meetings, Books and Financial Statements: Section 118(12) - Minutes of proceedings of general meeting, meeting of Board of Directors and other meeting and resolutions passed by postal ballot- Section 128(6) - Books of account, etc., to be kept by Company- Section 129(7) - Financial statement - Officer in default- Section 134 - Unit III Financial statement, Board’s report Others: Section 57 - Punishment for impersonation of shareholder- Section 58(6) - Refusal of registration and appeal against refusal- Section 182(4) – Prohibitions and restrictions regarding political contributions.- Section 447: Fraud Section 184(4)- Disclosure of interest by the director – 2. Corporate offences and Securities Fraud: Insider Trading : Sec 12 A of SEBI Act, Case Study of Harsad Mehta Scams, Rajat Gupta Scam under the Securities and Exchange Commission Corporate Crimes: Housing, Banking and Environmental Crimes 1. Corporate offences and Housing Scams: Fraud in Construction Sectors, Provisions of Laws under the Land Laws, Indian Registration Act, the Consumer Protection Act, RERA Act. Case Study on Amrapali Real Estate Projects 2. Corporate Offences and Banking Fraud: Definition of Fraud, Provisions of Laws under Banking Regulations Act for NPAs and Unit IV Recent Banking Scams: Cases of Vijay Mallya Banking Fraud, Nirab Modi Banking Fraud 3. Corporate Offences and Environmental Crimes: Concept and Development of Environmental wrongs. Environmental Crimes under Water Act, AIR Act, Environmental Protection Act. Case Study on Environmental Crime by Bhopal Gas Disaster. Sri Ram Fertilizer and Chemical Mills Case  Corporate Crimes: Remedies and Punishments 1. Theories and Principles Corporate Crime Control: types of Corporate Crimes Unit V 2. Punishment and Remedies under Various Laws: 1. Company Act, 2013, SEBI Regulations, 2015 2. Banking Regulation Act, 2017, SERFAESI Act, 2002 3. Consumer Protection Act, 2019,Real Estate Regulation Act, 2017 4. Water Act, AIR Act, Environmental Protection Act, 1986 Course Nomenclature DISSERTATION Course Code LLMDAE 206P22 Credits 3 Course Type AEC Semester 2nd Semester Objectives The Dissertation enables the students to develop knowledge and understanding of a specific area within the broad fields of their subject in which they will be receiving their degree of post-graduation. The dissertation is prepared by the individual under the supervision of a designated guide specialised in the domain in which the student wishes to pursue the thesis. Outcomes After completion of the course, the students will be able to:  Identify research methods and methodology of the topic of research  Conceptualise the research questions  Critically analyse and evaluate the available literature in relation to the proposed area of study  Develop responses on the basis of the evaluation and analysis undertaken  Apply knowledge and understanding in relation to the agreed area of study  Communicate in written form by integrating, analysing and applying key texts and practices Evaluation Criteria Research Proposal: 10 marks Submission of Progress Report: 20 marks Research Report (Thesis): 60 marks Viva Voce: 10 marks Learner Support Material a. Text books 1. Carol M Bast, Foundations of Legal Research and Writing (Latest Editions) 2. Harvard Law Review Association, Uniform System of Citations 3. ILI Publication, Legal Research and Methodology 4. S.K. Verma and M. Afzal Wani (Eds.) Legal Research and Methodology, Indian Law Institute (2001) 2nd Edition. COURSE NOMENCLATURE SEMINAR PAPER – II COURSE CODE CREDITS 3 COURSE TYPE Generic Elective SEMESTER 2nd Semester OBJECTIVES The course intends to make the students choose any course from any discipline of their choice and have an in-depth knowledge about the same. It can be an online MOOCS Course offered by the portals like SWAYAM, NPTEL etc. OUTCOMES After the completion of the course, students will be able to: 1. Understand basic concepts of pertaining to the course of their choice. 2. Conceptualise the core issues in the course opted for. 3. Develop critical thinking to conceptualise the problems within the domain of the course  Corporate & Commercial Laws COURSE RESEARCH METHODS & LEGAL WRITING NOMENCLATURE COURSE CODE LLMRMCO101T22 CREDITS 5 COURSE TYPE Core SEMESTER 1st Semester The course intends to make the students familiar with nature, scope, and OBJECTIVES significance of legal research. It endeavours to make them aware with various tools and techniques required for successful legal research which plays an important role in the socio-legal development of the country. After the completion of the course, students will be able to: 1. Understand basic concepts of research and its methodologies. 2. Define research problem and identify appropriate research designs and methodologies for solving business and legal issues. 3. Develop critical thinking to find business opportunities and to solve legal OUTCOMES problems. 4. Apply research approaches, techniques and strategies in solving research problem. 5. Demonstrate knowledge and understanding of data analysis and interpretation, writing and presenting of research report.  Meaning, Importance, Nature and Scope of Research  Research Methods v. Methodology  Research Process and Review of Literature Unit I Fundamentals of  Types of Research Research o Applied Research o Descriptive Research o Historical Research o Exploratory Research o Qualitative and Quantitative Research  Defining and Identification of Research Problem  Types of Research Problem  Criteria and Evaluation of Research Problem Unit II Research Problem  Hypothesis o Meaning and Concept of Hypothesis o Characteristics of Hypothesis o Formulation of Hypothesis o Types of Hypotheses  Meaning & Components (Steps)  Characteristics of a Good Research Design  Significance of Research Design Unit III Research Design  Types of Research Design  Research Design in o Exploratory Research o Descriptive Research o Casual Research Unit IV  Meaning & Concept of Sampling Sampling and Data  Types of Sampling Collection o Probability Sampling o Non-Probability Sampling  o Quota Sampling  Factors affecting Sampling  Merits and Demerits of Sampling  Characteristics of a Good Sample  Meaning & Classification of Data  Primary Data o Introduction to Primary Data o Methods of Collecting Primary Data  Observation Method,  Interview Method  Questionnaire Design Method  Survey Method  Secondary Data o Introduction to Secondary Data Source o Types and Limitations of Secondary Data o Methods of Secondary Data Collection  Report Writing Process Unit V  Contents of Reports Writing a Research  Types of Reports Report  Role of Reports and Report Presentation  Steps in Writing a Research Report  Legal and Ethical issues in Research Report Writing Learner Support Material a. Text books 1. Jain S.N., Legal Research & Methodology, Indian Law Institute Publication, (Latest Editions) (Ed) Tripathi Pvt. Ltd., Bombay, 2017 (Re-print Edition) 2. Kothari C.R., Research Methodology Methods and Techniques, 7th Edition, New Age International Publishers, Haryana (2020) 3. Madhava Menon N.R. (Edn) A Handbook of Clinical Legal Education, Eastern Book Co. Lucknow, Re-print edition (2018) 4. Myneni S.R., Legal Research Methodology, Pioneer Books, Allahabad Law Agency, 3rd Edition, (2018) 5. Thakur Devendra, Research Methodology in Social Sciences, Deep & Deep Publications Pvt. Ltd. (2018) 6. Tiwari H.N., Legal Research Methodology, Allahabad Law Agency, Haryana, (2017) 7. Verma S. K. & Wani Afzal, Legal Research and Methodology, Indian Law Institute, New Delhi, (2020) b. Online Resources 1. https://www.ijrrjournal.com/IJRR_Vol.6_Issue.3_March2019/IJRR0011.pdf 2. https://journals.sagepub.com/doi/abs/10.1177/1097184X062877 65?journalCode=jmma COURSE COMPARATIVE PUBLIC LAW NOMENCLATURE COURSE CODE LLMCPCO 102T22 CREDITS 5 COURSE TYPE Core SEMESTER 1st Semester Constitutional Law and Administrative Law together make the broad periphery of Public Law. Public Law was first defined by Romans as “res publica” which meant Public Good. Public Law regulates the relationship between individual OBJECTIVES and the State. However, the domain of public law needs to be revisited and the course focusses on how public law has become significant due to the concept of ‘Welfare State.’ The learners are made aware about the various systems of governance worldwide with a comparative approach to critically analyse the various legal systems. After the completion of the course, students will be able to: 1. Understand as to how the study of legal systems promotes clarification and simplification of the law. 2. Assimilate the concepts for better adaptation to social needs to secure better OUTCOMES administration of justice. 3. Analyse the concept of comparative legal systems and relate its contribution to the unification and harmonization of law through convergence. 4. Comprehend the functioning of law under different legal systems.  Meaning and Types of Law  Public Law v. Private Law  Meaning & Elements of State  Theories of Origin of State  Public Policy o Meaning, Characteristics and Types o A Global View of Public Policy  Theories of Governance o Rational Choice Theory Unit I o Political Economy Theory Introduction  Meaning and Types of Constitution  Constitutional Law & Constitutionalism  Major Legal Systems of the World o Monarchical System o French Legacy o German Legacy o English Monarchy o Defeat of Absolutism o Parliamentary Sovereignty o Present Scenario in U.S.A., U.K., India and Australia  Organs of State – Relationship between the Executive  Legislature and the Judiciary – Executive, Legislative & Judicial Process Unit II  Comparative Study of the Organs of the State Structure of State &  Forms of Government Forms of Government o Parliamentary Form of Government o Presidential Form of Government o Mixed Models of Government   Structure of Government o Unitary Form of Government o Federal Form of Government o Quasi Federal Government o Local Self Government o Ombudsman  Role of Courts in preserving Federalism  Cooperative Federalism  Theory of Checks and Balances  Fundamental Rights  International Instruments and their absorption in Indian Laws Unit III  Separation of Powers – Conceptual Analysis Restrictions and  Comparative Analysis of U.S.A. and India Checks on Governmental Power  Rule of Law  Judicial Review – Marbury v. Madison, L. Chandra Kumar v. Union of India  Judicial Accountability – Judicial Accountability Bill, 2013  Inclusive Development in India – Sacher Committee Report Unit IV  Reconciling Pluralism and Diversity with centralised power Problems in  Reflection of Social Changes in Governance Governance  Globalisation, Privatisation, Internationalisation  Right to Information & Allied Dimensions  Conceptual Analysis of Adversarial and Inquisitorial Models  Impact of Domestic Violence Laws for the Empowerment of Women (Articles 14, 15, 16, 21, 23 and relevant sections of The Indian Penal Code, Code of Criminal Procedure and Special Laws related to Women) Unit V  Effectiveness of Rape Laws under the Criminal Justice System (Malimath Comparative Committee and Verma Committee Reports) Criminal Law  Plea Bargaining under the Criminal Justice System compared with the U.S.A. and U.K.  White Collar Crimes  Law relating Juvenile Justice Learner Support Material a. Text books 1. B. Peters and John and John Pierre, Comparative Governance: (Latest Editions) Rediscovering the Functional Dimension, Cambridge University Press, 2016. 2. Bruce R. Scott, Capitalism: Its Origins and Evolution as a System of Governance, Springer, 2011. 3. Harald J Laski, “Grammar of Politics”, 1st Edition, Surjeet Publications, 2007 4. Herman Finer, “Theory and Practice of Modern Government”, 4th Edition, Surjeet Publication, 2010. 5. Ivor Jennings ‘Law and Constitution’, Original Publications 1933. 6. John Pierre and B. Peters, Governance, Politics and the State” 2nd Edition, Palgrave Macmillan, 2000. 7. Lawsky, “Grammar of Politics”, 1st Edition, Surjeet Publications, 2007. 8. Mark Bevir, Governance: A Very Short Introduction, Oxford University Press, 2012. 9. Pounds Jurisprudence, 1st Edition,Law Book Exchange Publication, 2006. 10. W. G. Paton, A Text Book on Jurisprudence, 4th Edition, Oxford University Press, 2007 11. A.V. Dicey, An Introduction to the study of the Law of the Constitution, Tenth Edition, Universal Publishing Co. 2013 12. Constitutions of the different (countries world constitutions), 8th revised edition, Sterling Publishers Pvt. Ltd., 2006 13. D. D. Basu “Shorter Constitution”, The Law of Press of India, 5th Edition, Lexis Nexis Butterworths Wadwa, 2010 14. H. M. Seervai, “Constitutional law”, Constitutional Law of India, Universal Law Publishing Co.,4th Edition, 2008 15. V. N. Shukla “Constitutional Law”,13th Edition, EBC, 2019 COURSE COMPANY LAW NOMENCLATURE COURSE CODE LLMCLDS 103T22 CREDITS 5 COURSE TYPE Elective SEMESTER 1st Semester Company Law is one of the first law which any student of corporate law would OBJECTIVES study at an advanced stage in post-graduation. The course is designed to teach the students the fundamentals of company law and then paving way for corporate governance. After completion of the course, the students will be able to:  Conceptualise company in the present scenario.  Classify the types of companies in detail. OUTCOMES  Illustrate the components of corporate governance.  Highlight the various legal issues of oppression & mismanagement.  Devise the strategies to deal with effective corporate social responsibility.  Historical Overview of the Companies Act, 2013  Process and the Certificate of Incorporation Unit I  Memorandum and Articles of Association Introduction  Doctrine of Ultra Vires  Doctrine of Indoor Management  Share & Share Capital  Directors o Appointment of a Director o Removal of a Director o Position of a Director o Powers and Duties of Directors Unit II  Audit Committee: Its Role Company Directors &  Company Secretary: Qualification, Appointment and Duties Meetings  Officer who is in Default: Concept & Obligations  Liability of Independent Directors  Concept & Types of Meetings  Procedure of Calling a Meeting  Company Resolutions and Kinds  Concept & Meaning of Oppression  Rule in Foss v. Harbottle Unit III  Prevention of Oppression & Mismanagement Oppression &  Role & Powers of the Company Law Board Mismanagement  Role & Powers of Central Government  Company Investigation  NCLAT – Jurisdiction & Powers  Concept of Winding Up of Companies  Modes of Winding Up of the Companies Unit IV  Compulsory Winding Up under the Order of the Tribunal Corporate  Voluntary Winding Up Liquidation  Contributories  Payment of liabilities Unit V  Importance of Corporate Governance  Corporate  Different Systems of Corporate Governance Governance & Social  Impact of Legal Traditions and the Rule of Law on Corporate Governance Responsibility  Legal Reforms of Corporate Governance in India  Reports of the various Committees on Corporate Governance  Emerging Trends based on the recommendation of the Committees in the Companies Act 1956 and the Listing Agreement with Special reference to  Clause 49.  Corporate Social and Environmental Responsibility Learner Support Material a. Text books Textbooks: (Latest Editions) 1. C.A. Kamal Garg, Bharat’s Corporate and Allied Laws, 2013 Cavendish Publishing Ltd., 1995 2. Charles Wild & Stuart Weinstein Smith and Keenan, Company Law, Pearson Longman, 2009 3. D. L. Majumdar, Towards a Philosophy of Modern Corporation (2018) 4. Gower, Company Law (2015) 5. Institute of Company Secretaries of India, Companies Act 2013, CCH Wolter Kluver Business, 2013 6. Lexis Nexis, Corporate Laws 2013 (Palmtop Edition) 7. Pennington, Company Law (2015) 8. S. C. Kuchal, Corporation Finance: Principles and Problems (2018) 9. S. K. Roy, Corporate Image in India (2018) 10. Saleem Sheikh & William Rees, Corporate Governance & Corporate Control, 11. Sen, New Horizons in Company Law (2017) 12. Taxmann, A Comparative Study of Companies Act 2013 and Companies Act 1956 Taxmann, Companies Act 2013 13. Y. D. Kulsheshtra, Government Regulation of Financial Management of Private Corporate Sector in India (2017) COURSE INTELLECTUAL PROPERTY LAW NOMENCLATURE COURSE CODE LLMIPDS 104T22 BRANCH Corporate & Commercial Law CREDITS 5 COURSE TYPE Elective SEMESTER 1st Semester OBJECTIVES Intellectual Property Rights is one of the emerging domains today. The course intends to give an overview of IPR and explains the fundamental concepts under national and international instruments governing IPR. After completion of the course, the students will be able to:  Identify intellectual property, its types and the theoretical underpinnings  Discuss the various provisions governing copyright in India  Construct the concept of patents and the rights granted under the Act OUTCOMES  Highlight the conceptual connotations associated with trademarks and its related rights  Develop the core concepts designs and geographical indicators and the remedies for infringement  Meaning, Nature and Types of Intellectual Properties  Theories of Intellectual Property  Role of GATT, TRIPS, WTO  International Documents on Ips o Berne Convention, o Universal Copyright Convention o Paris Conventions Unit I  Need for protecting Intellectual Property: National & International Introduction Perspective  Contemporary Issues and IPR o Interface between IPR and Human Rights o Interface between IPR and Competition Law o IPR and sustainable development o The Impact of Internet on IPR o IPR Issues in Biotechnology o E-Commerce and IPR issues  Nature, Object, Subject Matter and Modes of Copyright  Ownership of Copyright and Rights and Obligations of Owner  Registration of Copyright and its Term Unit II  Copyrights of Societies and Broadcasting Organization The Copyright Act,  Economic and Moral rights of Copyright Owner 1957  International Copyrights  Infringement of Copyrights  Authorities and Remedies and Appeals under Copyright Act, 1957 and Copyright Rules, 2013  Nature and Object of Patent Law and its scope in India  Applications for Patents Unit III  Patentability of Artificial Intelligence The Patents Act, 1970  Publication & Examination of Applications  Product Patent and Process Patent, Amendments and Revocation of Patents   Issue of Compulsory Licenses  Patent Controller and his powers  Patent Agents and Infringement of Patent Rights  Authorities and Appeals under the Patents Act, 1970  Nature and Scope of Trademarks Law  Application and Registration of Trademark  Forms and Kinds of Trademarks Unit IV  Assignment and Transmission of Trademarks The Trademarks Act,  Rights of Registered Users 1999  Infringement of Trademarks  Authorities, Penalties and Appeals under Trade Marks Act, 1999  Trademark Rules, 2017  The Designs Act, 2000 o Meaning, Object, Scope o Need for The Design Act, 2000 Unit V o Registration of Design Designs & o Rights Conferred on Registration and Rules Geographical  Geographical Indicators Indicators o Geographical Indications o Goods Registration & Protection  Meaning, Object & Scope  Need for Protection of GI Learner Support Material a. Text books 1. Aswani Kumar Bansal: Law of Trademarks in India (2019) (Latest Editions) 2. B L Wadehra: Law Relating to Patents, Trademarks, Copyright, Designs and Geographical Indications (2018) 3. G.V.G Krishnamurthy: The Law of Trademarks, Copyright, Patents and Design (2018) 4. Satyawrat Ponkse: The Management of Intellectual Property (2016) 5. S K Roy Chaudhary & H K Saharay: The Law of Trademarks, Copyright, Patents and Design Legal Aspects of Technology Transfer: A Conspectus (2018) COURSE RESEARCH WRITING NOMENCLATURE COURSE CODE LLMRWAE 105T22 CREDITS 3 SEMESTER 1ST SEMESTER This subject requires teaching to be a combination of theoretical foundation with practical application especially the usage of appropriate writing skills. the contact hours will be utilized in class instruction, discussions and brainstorming sessions. the enrolled students will be encouraged to participate in classes via minor assignments in the form of a quiz and writing assignments The course objectives are : 1. to enable the students to differentiate between various kind of academic writings and ways to identify and avoid plagiarism; LEARNING 2. to practice the basic skills of performing quality literature review and OBJECTIVES write research proposals, conference abstract and book chapters/ book proposals; 3. to practice the basic skills of research paper writing and reviewing papers; 4. to target the research work to suitable journal and communicate for publication. After the completion of the course students would be able to : i. understand the qualitative aspects of a good research paper and ways to identify and avoid plagiarism ii. to learn and hone the basic skills of performing quality literature COURSE OUTCOME review and write research proposals iii. get a more detailed view on how to delimit one’s paper and the art of critical appreciation of any research paper iv. target the research work to suitable journal and suitable communication techniques for publication. INTRODUCTION IMPORTANCE OF ACADEMIC WRITING BASIC RULES OF RESEARCH WRITING UNIT I STYLES OF RESEARCH WRITING PLAGIARISM: CONCEPT, TOOLS FOR THE DETECTION OF PLAGIARISM, AVOIDING PLAGIARISM  LITERATURE REVIEW, SCOPE AND LIMITATION LITERATURE REVIEW SOURCE OF LITERATURE UNIT II PROCESS OF LITERATURE REVIEW DELIMITING RESEARCH DOMAIN : SCOPE AND LIMITATION RESEARCH PAPER WRITING [ABSTRACT/ CONFERENCE PAPER/ BOOK/ BOOK CHAPTER WRITING] THEORETICAL AND PRACTICAL ASPECTS OF RESEARCH PAPER WRITING WILL BE DISCUSSED SEQUENTIALLY. UNIT III INTRODUCING THE WORK SETTING UP THE CHAPTERS CRITICAL APPRECIATION OF PREVIOUS RESEARCH (AS IDENTIFIED) REFERENCING AND CITATION WRITING REVIEWS PEER REVIEW : CONCEPT UNIT IV CRITICAL APPRECIATION TOOLS FOR CRITICAL APPRECIATION RESEARCH PROPOSAL WRITING AND ATTEMPTING PUBLICATION UNIT V RESEARCH PROPOSAL WRITING : CONCEPT AND SUGGESTED CONTENT SUBMISSION AND POST – SUBMISSION MANAGEMENTS LEARNER SUPPORT MATERIAL 1. Agrawal S.K., Legal Education in India , Tripathi Publishers, Bombay 2. Jain S.N., Legal Research & Methodology, Indian Law Institute Publication, (Ed) Tripathi Pvt. Ltd., Bombay 3. Verma S.K.&Wani Afzal, Legal Research and Methodology, Indian Law Institute, New Delhi Text 4. Myneni S.R. , Legal Research Methodology, Pioneer Books, a. books Allahabad LawAgency, 3rd Edition (Latest 5. Thakur Devendra, Research Methodology in Social Sciences, Editions) Deep & Deep Publications Pvt. Ltd. 6. Madhava Menon N.R. (Edn) A Handbook of Clinical Legal Education, Eastern Book Co. Luknow 7. Tiwari H.N., Legal Research Methodology, Allahabad Law Agency, Haryana 8. Kothari C.R., Research Methodology Methods and Techniques, 2nd Edition, New Age International Publishers, Haryana Course Name LL.M. Course Nomenclature SEMINAR PAPER – I Course Code Credits 3 Course Type Generic Elective Semester 1st Semester Objectives The course intends to make the students choose any course from any discipline of their choice and have an in-depth knowledge about the same. It can be an online MOOCS Course offered by the portals like SWAYAM, NPTEL etc. Outcomes After the completion of the course, students will be able to: 4. Understand basic concepts of pertaining to the course of their choice. 5. Conceptualise the core issues in the course opted for. 6. Develop critical thinking to conceptualise the problems within the domain of the course.  SEMESTER II Course Nomenclature LAW & JUSTICE IN A GLOBALISED WORLD Course Code LLMLJCO 201T22 Credits 5 Course Type Core Semester 2ND Semester Objectives The course aims at enlightening the students about the meaning, nature and scope of law. It seeks to create an understanding about the nature of law and justice and, in particular, the relationship between the two in contemporary society. The focus here will be not only on explaining and critically analysing different general theories of justice, but especially upon determining how these theories articulate the specific relation (or lack of relation) between justice and law. The course will then put these ideas to work through a consideration of a number of contemporary problems concerning law and justice which have arisen due to globalization. Outcomes After the completion of the course, students will be able to: 1. Have an understanding of broader perspective of the complex global legal problems. 2. Develop skills to analyse and evaluate the contemporary globalisation from the lens of law and justice. 3. Analyse a problem-solving approach to the contemporary world situations. Unit I  Meaning and Concept of Law & Justice Introduction  Types of Law  Relationship between Law & Justice – Justice as a Purpose and Function of Law  Indian Concept of Justice – Dharma as Law and Justice  Concept of Justice perceived by Plato & Aristotle  Globalisation: Meaning, Objectives and Need  Global Justice vis-à-vis Right to Development Unit II  Origin of Law – Greek and Roman Theory of Law Legal Theory & o Natural Law Theory – St. Thomas Aquinas, Fuller, Finnis Justice o Positivist Approach – John Austin, Hans Kelsen o Sociological Approach – Roscoe Pound & Duguit o American Realism – Jerome Frank and Karl Lewellen o Scandinavian Realism  Concept and Types of Justice  Theories of Justice o Utilitarianism and Hedonism o Marxist Approach to Justice o John Rawls Theory of Justice o Ronald Dworkin’s Theory of Justice o Gandhian Approach to Justice and Sarvodaya o Amartya Sen’s Theory of Justice o Feminist Approach to Justice Unit III  State, Sovereignty and Transnational Law Role and Reformation  Economic and Trade Institutions – FDP and MNCs of Global Institutions  Structural Reforms of United Nations Security Council   International Judicial Institutions o International Criminal Court o International Court of Justice o International Domestic Tribunals Unit IV  Social Contract & Social Justice Models to Achieve  Multi Culturalism and Cosmopolitanism Global Justice  Significance of Human Rights Education in the Global Scenario  Global Justice and Global Rule of Law Unit V  Transnational Enforceability of Law Impact