Addressing the Retirement Crisis with Shadow 401(k)s
In: Notre Dame Law Review Online 92 (2016): 38-54
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In: Notre Dame Law Review Online 92 (2016): 38-54
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In: Boston College International and Comparative Law Review 40, No. 1 (2017): 1-26
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In: Modern Asian studies, Band 50, Heft 3, S. 841-865
ISSN: 1469-8099
AbstractSecular governance in India was meant to have incorporated religion within public life, but the implementation of 'Indian secularism' has in important ways been premised on separating religious and secular lifeworlds. Public Hindu temples, whose assets and operations are managed by a melange of statutory bodies, courts, and state governments, exemplify this puzzling situation. The 2011 discovery of treasures within the Padmanabhaswamy temple in Trivandrum, Kerala, prompted extended public debate about the ownership of temple assets as well as litigation that eventually reached the Supreme Court of India. Indian citizens, erstwhile princely rulers, and the deity of the temple were variously presented as the true owners of the wealth. Ultimately, both public discourse and judicial opinion largely reaffirmed the notion that religious institutions are to be treated as private, contractually defined properties, and that temple wealth, as specifically religious property, exists outside of market circulations.
In: American Journal of Comparative Law 64, no. 3 (2016): 555-582
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In: Modern Asian studies, S. 1-25
ISSN: 0026-749X
In: Law and Social Inquiry, Band 38, Heft 1
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In: Modern Asian Studies 50, no. 3 (2016): 841-865.
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In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 55, Heft 4, S. 459-477
ISSN: 0506-7286
While India possesses features conventionally associated with liberal democracies, it has lately been understood to suffer from "democratic backsliding". Commentators have used descriptions like "authoritarianism", "electoral autocracy", "ethnic democracy" and "totalitarianism" to understand the current moment in Indian history. The framework of "autocratic legalism" illuminates the dynamics of centralization of power but there are also elements in the Indian experience that complicate this framework and reflect potentially unique features of the country's democratic decline. These features can be attributed to the political rise and entrenchment of the Hindu nationalist ideology, profoundly facilitated by the electoral dominance of the Hindu right-wing Bharatiya Janata Party and Prime Minister Narendra Modi since 2014. This article argues that India's spiral towards authoritarianism is also characterized by a range of disturbing and insidious developments beyond the centralization of state power, which are more concerned with majoritarian power seeping into everyday legality. The article considers three examples of such majoritarianism in everyday legality: the use of "anti-terror" laws against minorities and political opponents, policies driving towards the dispossession of minority citizenship, and the mobilization of the mob in ways that blur the lines separating the state from Hindu nationalist actors. These examples demonstrate how in India, autocratic forces are not merely interested in undermining (meaningful) democracy—all in the name of democracy. Instead, autocracy flourishes as a diverse and relatively disaggregated set of actors undermine democracy in the name of an ostensibly truer, Hindu, Indian nationhood.