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Category Iii Films And Vcds: The Failure Of Deterrence In The Copyright Ordinance Of Hong Kong, Allen Woods Jan 2003

Category Iii Films And Vcds: The Failure Of Deterrence In The Copyright Ordinance Of Hong Kong, Allen Woods

Vanderbilt Journal of Transnational Law

In 1997, the government of Hong Kong enacted the Copyright Ordinance. The goal of the Ordinance was to establish a strong deterrent against the illegal manufacture and sale of copyright infringing materials, especially pirated video and digital compact discs. Courts have interpreted the Ordinance to allow the Customs and Excise Department sweeping powers of search and seizure. As a result, the government has seized many thousands of copyright infringing video compact discs and courts have enforced lengthy custodial sentences against guilty parties.

Despite these efforts, though, film piracy continues to grow throughout Hong Kong and transnational film interests have begun …


Customs Inspectors And International Mail: To Open Or Not To Open?, Andrew H. Meyer Jan 1988

Customs Inspectors And International Mail: To Open Or Not To Open?, Andrew H. Meyer

Vanderbilt Journal of Transnational Law

This Note analyzes the United States statutes and regulations prescribing the standards for the search and seizure of international mail entering and leaving this country. It also examines cases construing these issues prior to the Supreme Court's decision in United States v. Ramsey. In addition, it discusses the Ramsey decision itself and cases decided subsequent to it. Finally, this Note comments on the confusion that has followed the Ramsey decision and sets forth possible solutions.


Case Digest, Law Review Staff Jan 1983

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

FORCED ENTRY OF THE SINGLE CABIN OF A 27-FOOT SAILING SLOOP TO CONDUCT A DOCUMENT AND SAFETY INSPECTION Is NOT AN UNREASONABLE SEARCH--United States v. Thompson, 710 F.2d 1500(11th Cir. 1983).

EXCLUDABLE ALIENS HAVE A CONSTITUTIONAL RIGHT TO A HEARING AFTER THE INITIAL PERIOD OF DETENTION--Fernandez-Roque v. Smith, 567 F. Supp. 1115 (N.D. Ga. 1983).

EXCLUSIONARY RULE BARs USE IN DEPORTATION PROCEEDINGS OF EVIDENCE OBTAINED BY INS OFFICERS IN VIOLATION OF THE FOURTH AMENDMENT--Lopez-Mendoza v. Immigration and Naturalization Service, 705 F.2d 1059 (9th Cir. 1983) (en banc).

LABOR UNION HAS STANDING TO MAINTAIN ACTION FOR VIOLATION OF DUE PROCESS RIGHTS …


Recent Decision, Duane A. Wilson Jan 1982

Recent Decision, Duane A. Wilson

Vanderbilt Journal of Transnational Law

The Fifth Circuit Court of Appeals has taken the instant opportunity to write an essay on the law of search and seizure on the high seas. Applying Ramsey, the majority found authority for the Coast Guard action, either under section 89(a) or through the consent of the Panamanian Government. Although both conclusions are open to dispute, the major question arises from the court's analysis of the constitutionality of the Coast Guard action. While a firm resolution of the confusion engendered by previous conflicting Fifth Circuit decisions is certainly desirable, the instant court's resolution fails to provide necessary analytical clarity. Judge …