SCOTUScast

Allen v. Cooper - Post-Argument SCOTUScast


Listen Later

On Nov. 5, 2019, the U.S. Supreme Court heard argument in Allen v. Cooper, which involves a dispute over the way state sovereign immunity and federal copyright law interact when an author alleges state infringement of that author’s federal copyright.
Petitioner Frederick Allen and his company, Nautilus Productions, contend that North Carolina violated their federal copyrights by publishing video and photographic footage that Allen had taken of the pirate Blackbeard’s sunken flagship, Queen Anne’s Revenge. Allen also challenges the validity of a recently passed North Carolina statute providing that photographs and video recordings of shipwrecks in the custody of North Carolina are public records. This law, he contends, was enacted in bad faith to undermine his copyright claim.
Allen and Nautilus sued North Carolina and various of its officials in federal district court. Although the district court rejected defendants’ invocation of sovereign immunity from suit, the U.S. Court of Appeals for the Fourth Circuit reversed that judgment, concluding that the Copyright Remedy Clarification Act does not validly abrogate Eleventh Amendment sovereign immunity, which ultimately shields respondents from all of Allen’s and Nautilus’s claims.
The U.S. Supreme Court subsequently granted certiorari to consider whether Congress validly abrogated state sovereign immunity via the Copyright Remedy Clarification Act in providing remedies for authors of original expression whose federal copyrights are infringed by states.
To discuss the case, in this special panel episode, we have Zvi Rosen, Visiting Scholar and Professorial Lecturer in Law, George Washington University School of Law, Prof. Josh Blackman, Associate Professor of Law, South Texas College of Law Houston, and our moderator, Kevin R. Amer, Deputy General Counsel at the U.S. Copyright Office.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
...more
View all episodesView all episodes
Download on the App Store

SCOTUScastBy The Federalist Society

  • 4.5
  • 4.5
  • 4.5
  • 4.5
  • 4.5

4.5

106 ratings


More shows like SCOTUScast

View all
WSJ What’s News by The Wall Street Journal

WSJ What’s News

4,326 Listeners

FedSoc Events by The Federalist Society

FedSoc Events

88 Listeners

Bloomberg Law by Bloomberg

Bloomberg Law

356 Listeners

FedSoc Forums by The Federalist Society

FedSoc Forums

82 Listeners

The Glenn Show by Glenn Loury

The Glenn Show

2,257 Listeners

Faculty Division Bookshelf by The Federalist Society

Faculty Division Bookshelf

8 Listeners

Law Talk With Epstein, Yoo & Cooke by Ricochet

Law Talk With Epstein, Yoo & Cooke

678 Listeners

WSJ Opinion: Potomac Watch by Paul Gigot, The Wall Street Journal

WSJ Opinion: Potomac Watch

2,791 Listeners

U.S. Supreme Court Oral Arguments by Oyez

U.S. Supreme Court Oral Arguments

677 Listeners

The Editors by National Review

The Editors

4,781 Listeners

RTP's Fourth Branch Podcast by The Federalist Society

RTP's Fourth Branch Podcast

28 Listeners

Necessary & Proper Podcast by The Federalist Society

Necessary & Proper Podcast

47 Listeners

Uncommon Knowledge by Hoover Institution

Uncommon Knowledge

1,972 Listeners

Strict Scrutiny by Crooked Media

Strict Scrutiny

5,572 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,755 Listeners

The Ezra Klein Show by New York Times Opinion

The Ezra Klein Show

15,326 Listeners

Amarica's Constitution by Akhil Reed Amar

Amarica's Constitution

371 Listeners

Divided Argument by Will Baude, Dan Epps

Divided Argument

665 Listeners

Honestly with Bari Weiss by The Free Press

Honestly with Bari Weiss

8,560 Listeners