Dole/Reponses to Florida Prepaid

[LoAndEd at AOL.COM]

On this question, as well as others related to possible responses to Florida
Prepaid, I highly recommend Prof. Meltzer's testimony:
http://www.house.gov/judiciary/melt0727.htm


Marty Lederman

Dear Bill,
   See S. 1835, 106th Cong., 1st Sess., which has been tentatively circulated.
Louise


At 05:04 PM 3/2/01 , you wrote:
>lweinberg wrote:
>
>>  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.
>
>Bill Funk
>Lewis & Clark Law School