Governing stem cell therapy in India: regulatory vacuum or jurisdictional ambiguity?

Stem cell treatments are being offered in Indian clinics although preclinical evidence of their efficacy and safety is lacking. This is attributed to a governance vacuum created by the lack of legally binding research guidelines. By contrast, this paper highlights jurisdictional ambiguities arising from trying to regulate stem cell therapy under the auspices of research guidelines when treatments are offered in a private market disconnected from clinical trials. While statutory laws have been strengthened in 2014, prospects for their implementation remain weak, given embedded challenges of putting healthcare laws and professional codes into practice. Finally, attending to the capacities of consumer law and civil society activism to remedy the problem of unregulated treatments, the paper finds that the very definition of a governance vacuum needs to be reframed to clarify whose rights to health care are threatened by the proliferation of commercial treatments and individualized negligence-based remedies for grievances

Vanishing trials: an English perspective

This paper reviews the recent history of civil litigation in England and Wales. While previous work by Professor Kritzer has shown an absolute decline in trials over the last fifty years, with some fluctuation around this trend, this comment suggests that this may now have bottomed out. Given the evidence of a simultaneous, and continuing, decline in the number of claims filed, it may even be the case that trials are, at least temporarily, playing a larger part in the civil justice system than they have for many years. In contrast to the experience in the U.S., these changes seem to be intended and unintended consequences of deliberate policy decisions by government and senior judges, which have changed the options and incentives for other stakeholders. As such, it is important to be cautious about the extent to which comparable trends in countries with comparable common law jurisdictions have comparable explanations. In particular, we will argue that the English experience should not be seen as a simple indicator of the Americanization of English law or English litigation culture. Nevertheless, Professor Galanter\u27s concern for the wider social implications of a declining trial rate also has relevance to the United Kingdom and its jurisdictions

Knowledge, technology and law

© 2015 Emilie Cloatre and Martyn Pickersgill. All rights reserved. The relationships between knowledge, technologies, and legal processes are central to the constitution of contemporary societies. As such, they have come to provide the focus for a range of academic projects, across interdisciplinary legal studies and the social sciences. The domains of medical law and ethics, intellectual property law, environmental law and criminal law are just some of those within which the pervasive place and impact of technoscience is immediately apparent. At the same time, social scientists investigating the making of technology and expertise - in particular, scholars working within the tradition of science and technology studies - frequently interrogate how regulation and legal processes, and the making of knowledge and technologies, are intermingled in complex ways that come to shape and define each other. This book charts the important interface between studies of law, science and society, as explored from the perspectives of socio-legal studies and the increasingly influential field of science and technology studies. It brings together scholars from both areas to interrogate the joint roles of law and science in the construction and stabilization of socio-technical networks, objects, and standards, as well as their place in the production of contemporary social realities and subjectivities

Ownership, Narrative, Things

This book uses a case study of a low-cost home ownership initiative at the margins of renting and owning provided by social landlords – known as shared ownership – to challenge everyday assumptions held about the ‘social’ and the ‘legal’ in property. The authors provide a study of the construction of property ownership, from the creation of this idea through to the present day, and offer a fresh consideration of key issues surrounding property, ownership, and the social. Analysing a diverse range of sources (from archives to micro-blogs, observation of housing providers, and interviews with shared owners), the authors explain the significance of the things (from the formal documents like leases, to odd materials like sweet wrappers and cigarette butts) commonly found in the narratives around shared ownership which are used to construct it as private ownership in everyday life. Ultimately, they uncover how this dream of ownership can become tarnished when people’s identities as ‘owners’ come under threat, and as such, these findings will provide fascinating insight into the intricacies of so-called home ownership for scholars of Law, Criminology, and Sociology