Legal Opinion

Denise Chavez v. Arte Publico Press

Court of Appeals for the Fifth Circuit

Decided August 1, 1995No. 93-2881PublishedCited by 16 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

The University of Houston and one of its employees appeal the denial of their motions to dismiss an action brought under the Copyright and Lanham Acts. Appellants principally contend that the Acts are unconstitutional under the Eleventh Amendment because they purport to override state immunity and authorize suits in federal court against the state for violation of the Acts. This would appear to be a compelling defense, were it not for the vicissitudes of Supreme Court interpretation of the Amendment. As the Court’s decisions now stand, the University’s claim of…

2Cases cited27 opinions

  1. Anderson v. CreightonSupreme Court of the United States · 1987
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Schlup v. DeloSupreme Court of the United States · 1995
  4. Malley v. BriggsSupreme Court of the United States · 1986
  5. Edelman v. JordanSupreme Court of the United States · 1974

22 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  2. Rodriguez v. Texas Commission on the ArtsDistrict Court, N.D. Texas · 1998
  3. College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardDistrict Court, D. New Jersey · 1996
  4. Denise Chavez, United States of America, Intervenor v. Arte Publico Press Nicolas Kanellos University of HoustonCourt of Appeals for the Fifth Circuit · 1998
  5. Chavez v. Arte Publico PressCourt of Appeals for the Fifth Circuit · 2000

11 more not listed; retrieve them via the Exa API.

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