Denise Chavez, United States of America, Intervenor v. Arte Publico Press Nicolas Kanellos University of Houston

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

EDITH H. JONES, Circuit Judge:

This Copyright/Lanham Act case was remanded from the Supreme Court for reconsideration in light of its decision in Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). The issue is whether Congress properly exercised authority to subject states to suit in federal court for violation of those statutes. See 15 U.S.C. § 1122; 17 U.S.C. §§ 501, 511. Plaintiff Chavez asserts that the University of Houston infringed her copyright by continuing to publish her book without her consent *285…