Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Arts and Literature (2)
- Bollywood (2)
- Communications Law (2)
- Comparative Law (2)
- Constitutional Law (2)
-
- Criminal Law and Procedure (2)
- Entertainment Law (2)
- Hollywood (2)
- Intellectual Property Law (2)
- International Law (2)
- Law and Technology (2)
- Remedies (2)
- Civil Rights (1)
- Constitutional protections (1)
- Criminal Law (1)
- Criminal Procedure (1)
- Dispute Resolution (1)
- Evidence (1)
- Fourth Amendment (1)
- General Law (1)
- Herring (1)
- Intellectual Property (1)
- Judges (1)
- Search and Seizure (1)
Articles 1 - 4 of 4
Full-Text Articles in Law
Excluding Exclusion: How Herring Jeopardizes The Fourth Amendment's Protections Against Unreasonable Search And Seizure, Hariqbal Basi
Excluding Exclusion: How Herring Jeopardizes The Fourth Amendment's Protections Against Unreasonable Search And Seizure, Hariqbal Basi
Hariqbal Basi
Abstract- For nearly a half-century, the exclusionary rule has remained an important mechanism for ensuring police compliance with the Fourth Amendment and deterring unconstitutional searches and seizures. In January 2009, the Supreme Court held in Herring v. United States that the exclusionary rule does not apply to good faith negligent police behavior. This significantly broadened the law, and severely limits the future application of the exclusionary rule. Furthermore, this holding has strong potential for abuse by police departments. By analogizing to Fifth Amendment jurisprudence and Miranda rights, I argue that the ruling in Herring needs to be limited in order …
Excluding Exclusion: How Herring Jeopardizes The Fourth Amendment’S Protections Against Unreasonable Searches And Seizures, Hariqbal Basi
Excluding Exclusion: How Herring Jeopardizes The Fourth Amendment’S Protections Against Unreasonable Searches And Seizures, Hariqbal Basi
Hariqbal Basi
Abstract- For nearly a half-century, the exclusionary rule has remained an important mechanism for ensuring police compliance with the Fourth Amendment and deterring unconstitutional searches and seizures. In January 2009, the Supreme Court held in Herring v. United States that the exclusionary rule does not apply to good faith negligent police behavior. This significantly broadened the law, and severely limits the future application of the exclusionary rule. Furthermore, this holding has strong potential for abuse by police departments. By analogizing to Fifth Amendment jurisprudence and Miranda rights, I argue that the ruling in Herring needs to be limited in order …
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, …
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, …