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Home / Opinion Digests / Federal statute’s sovereign immunity waiver not valid (access required)

Federal statute’s sovereign immunity waiver not valid (access required)

The federal Copyright Remedy Clarification Act’s broad abrogation of states’ sovereign immunity for copyright infringement was not a valid exercise of Congressional authority, either under Article I’s Copyright Clause or § 5 of the Fourteenth Amendment. Background In 1717, the pirate Blackbeard captured a French merchant vessel, renamed her Queen Anne’s Revenge, and made her his flagship. ...