funk at LCLARK.EDU
Fri Mar 2 15:04:40 PST 2001
> I understand that the "Leahy Bill," analogously, would strip states
> of federal patent protection unless they waived immunity to
> infringement suits.
Wow! Can Congress do that? As one who reads the Spending Clause
liberally, including the ability to include conditions that advance the
General Welfare, it does not immediately appear to me analogous to
condition patent protection on waiving state sovereign immunity. But
I'd love to be convinced.
Lewis & Clark Law School
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