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Indianizing Hollywood: The Debate Over Bollywood's Copyright Infringement, Hariqbal Basi
Indianizing Hollywood: The Debate Over Bollywood's Copyright Infringement, Hariqbal Basi
Hariqbal Basi
For decades, the mainstream Indian film industry, known as Bollywood, has remade copyrighted Hollywood films for the Indian audience without legal repercussions. This practice has gone unnoticed by Hollywood until recently, and accusations have since been brought against Indian filmmakers for copyright infringement. This note provides an in depth analysis of why these potentially infringing films have only become the subject of litigation over the last two years, cultural arguments advanced by Indian filmmakers for why their remakes should constitute original, and not infringing, works, and what the effects of litigation have been. As the two industries become increasingly intertwined, …
Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine
Judgments Of The United States Supreme Court And The South African Constitutional Court As A Basis For A Universal Method To Resolve Conflicts Between Fundamental Rights, Daniel H. Erskine
Daniel H. Erskine
This article describes the methods utilized by the United States Supreme Court to resolve specific cases involving conflicts between federal constitutional rights, a federal constitutional right and a state constitutional or statutory right, and an international treaty right and a federal constitutional right. Consideration of particular decisions representative of the manner the Court resolves conflicts between rights in the three typologies described above, illustrates how the Court views such conflicts and the rationales employed to resolve apparent conflicting rights. The rationales used by the United States Supreme Court are compared to the South African Constitutional Court’s decisions in the Soobramoney, …
The Trial Of Queen Caroline And The Impeachment Of President Clinton: Law As A Weapon For Political Reform, Daniel H. Erskine
The Trial Of Queen Caroline And The Impeachment Of President Clinton: Law As A Weapon For Political Reform, Daniel H. Erskine
Daniel H. Erskine
This article explores the calculated use of legal mechanisms to impact national politics and the effect such utilization had on accomplishing deliberate political reform. In answering why political actors use legal procedures as political weapons and whether such use is effective, this paper analyzes two historical examples to illustrate that law as political weapon is extremely successful in accomplishing political change. In the early 1800’s, England’s King sought to defrock his politically radical heroine Queen Caroline through the parliamentary mechanism of a Bill of Pains and Penalties, which caused a flourish of public criticism and call for political revolution. Public …
Legal Rhetoric And Revolutionary Change, Richard Kay
Legal Rhetoric And Revolutionary Change, Richard Kay
Richard Kay
If we define revolutionary change as the alteration of fundamental political arrangements in ways inconsistent with accepted understandings of law, we would not expect to find the invocation of law in justification of that change. In fact, however, such justification is not uncommon. This paper examines three cases exposing differing attitudes to legal justification of revolution-- the English Revolution of 1688-89, the secession of the Southern states at the beginning of the American Civil War and the Bolshevik revolution of 1917. In each case the paper describes the revolutionaries' use of legal language. It then shows how the use or …